To net or not to net: Singapore's regulation of the Internet.

• Author: Hogan, Sarah B.

Online technology is like any other: made by human hands, blessed with our best intentions, and tainted with our worst vices.(1)

Certain liberties in a developing nation sometimes have to be sacrificed for the sake of economic development and security and to prevent communist oppression.... I spent a whole life-time building this and as long as I am in charge nobody is going to knock it down.(2)

1. INTRODUCTION

   In the modern information age, technology is a double-edged sword. As new uses for the Internet rapidly emerge, it is clear that this particular technology is at the forefront of the information age, becoming almost necessary in order for individual nations to promote development and to remain competitive. But with this development comes the proliferation of human vices. For nations like Singapore and the People's Republic of China (China) that wish to control the exchange of ideas, particularly those of Western origin, the desire to advance technologically is tempered by the desire to maintain censorship powers.(3)

   For example, in 1991, Singapore's National Computer Board directed a study of the advantages of nationwide information technology development. Coinciding with that study was an examination of Singapore's censorship laws by the Ministry of Information and the Arts.(4) A review of the two studies reaffirmed that modern technology, particularly the Internet, and censorship may not coexist in an entirely peaceful manner. The government's desire to become the Asian "information-technology hub"(5) comes into conflict with the oft-practiced control over the amount and type of information entering the nation.(6)

   This Note examines whether Singapore can successfully maintain control over the Internet while at the same time using the technology to become and remain competitive in the global market. Case studies of individual nations' successes or failures at attempts to control the Internet may provide fairly reliable predictions of the success of other nations in the same endeavor.

   Part II provides a brief explanation of the origins and nature of the Internet in order to demonstrate the difficulties involved in controlling Internet content. Part III discusses current regulation of the Internet in Singapore, explaining Singapore's procedural and substantive means of censorship. Part IV examines the inherent difficulties involved in Internet censorship and analyzes the strengths and weaknesses of the Singapore system thus far.

2. ORIGINS AND NATURE OF THE INTERNET

   1. History and Nature of the Internet

      The Internet is an international system that knows no boundaries and has no centralized control over the content transmitted.(7) It began in the late 1960s when the U.S. Defense Department commissioned the Advanced Research Projects Agency (ARPA) to create a computer network that could survive a nuclear attack.(8) ARPANET was created, a decentralized network that utilized a process known as "packet-switching."(9) In packet-switching, a message sent from one computer to another is divided into separate pieces of data that are called packets.(10) The packets each follow separate routes, using different networks until they reach their final destination, where a computer reassembles the original message.(11) The utilization of this technology ensures that if a portion of the network becomes inoperable due to a catastrophe such as nuclear attack, the other computers on the network will automatically reroute the packets so that the information will arrive at its destination.(12)

      Soon after the U.S. Defense Department developed this system, other institutions became interested in the decentralized system of computer communication. Commercial and educational institutions began adding their own networks to the ARPANET.(13) By 1982, the term "Internet" described the former ARPANET along with the additional networks.(14) The growth of the Internet since its inception has been astounding. The number of computers connected to the Internet totaled 10,000 in 1987, 100,000 two years later, and 1,000,000 by 1991.(15) The number of users is expected to grow to 200 million by 1999.(16) Indeed, the number of users has doubled every year since 1993.(17)

      Because of its conception as a decentralized system of computer communication designed to withstand nuclear attack, the Internet is not an entity capable of being controlled by any one government or organization.(18) As such, problems arise when governments seek to control access to materials deemed to be undesirable. Even the most fleeting study of international cultures will indicate that values of a similar nature do not span the globe. The problem with control arises because of the truly international nature of the Internet.

      Any computer linked to the Internet is capable of being connected with any other computer linked to the Internet.(19) In fact, the most valuable characteristic of the Internet is the ability to establish almost instantaneous international communication through the use of its network. Yet, this characteristic may also promote the proliferation of human vices across international borders. Although a country may control the exchange of information within its borders, it cannot control an individual in another country from making that same information available on the Internet where it may readily be available to all users.

   2. Methods of Internet Control

      There are various technological means of protecting Internet users from "undesirable content."(20) A government may either prevent transmission of the undesirable material, remove the material once it arrives, or prevent users from accessing such content.(21)

      1. Preventing Transmission of Undesirable Content

         To prevent the transmission of content determined by the government to be undesirable, the government must stall the content in transit. Censors may then scan the content of the message for any terms or displays that have previously been defined as undesirable.(22) Certain difficulties arise with this means of censorship. In order for this process to be successful, the senders of the content scanned must send their messages via the government computers.(23) In addition, any message sent in code frustrates the purpose of the censorship.(24) Perhaps the greatest problem posed by this means of censorship, however, is the significant delays caused by the amount of time necessary to scan every single message for undesirable content. This method impedes access to and the flow of information from the Internet,(25) creating a significant stumbling block to any nation wishing to harness the Internet for its technological advantages.

      2. Removal of Undesirable Content

         A government may hold users responsible for all content that they provide and force those individuals to remove any undesirable content.(26) Difficulties also arise with this means of censorship. Governments may only force removal of content that was physically posted within their borders. Governments may not exert control over Internet service providers (ISPs) located in other countries.(27) In addition, should a government determine that a particular content is undesirable for only some members of society, removal of that content withholds that information from everyone, not merely the group to be protected.(28)

      3. Preventing Access to Undesirable Content

         There are several ways to prevent users from retrieving content that a government has deemed undesirable.

         1. Blacklisting

            Blacklisting is the prevention of user access to sites that have been determined by the government to contain undesirable content.(29) A government may also blacklist a site by forming laws that order ISPs to prevent their users from accessing any site containing undesirable content.(30) This has been one method selected by the Singapore government to monitor the content of the Internet.(31) Another method of blacklisting involves the proxy server, which is a computer that screens user requests and prevents access to sites considered undesirable by the government.(32) However, those countries that have attempted the proxy server method of control have experienced prohibitive time delays in accessing the Internet.(33) As with most means of censoring Internet content, blacklisting falls prey to certain difficulties. The undesirable material may easily be moved to another site or may even be transferred via e-mail.(34) As such, blacklisting is not an effective means of Internet control.(35)

         2. Whitelisting

            Whitelisting allows access only to those sites approved by the government and known not to contain undesirable content.(36) A government may also require ISPs to only allow access to those sites containing approved content.(37) However, limiting user access to a preapproved list of sites defeats one purpose of the Internet, which is to provide a vast and international source of information.

         3. Word and Character Search

            A third method of controlling access to undesirable content is through certain software that blocks access to sites by using a list of criteria selected by the user.(38) The difficulty involved with this type of Internet control, however, is that certain words have both sexual and non-sexual meanings.(39) As such, a vast amount of helpful or nonobjectionable information may not be made available simply because the software cannot differentiate among the many connotations of certain words.

            In summary, the Internet exists as an international system, recognizing neither borders nor individual values. It is therefore very tempting for individual governments to attempt to conform the Internet to fit each nation's needs and value system. However, as evidenced by the earlier discussion, actual control over Internet content is difficult. It appears almost impossible to incorporate censorship with a desire to set the pace for technological development. Even so, Singapore is attempting to, in the words of Bill Gates, "have their cake and eat it too."(40) As such...