Editor’s Note: The state of internet freedom is under growing threat, as revealed by the latest “Freedom on the Net” report from Freedom House. For the 14th consecutive year, global internet freedom has declined, with Myanmar and China now ranked as the worst offenders. This alarming trend has profound implications for corporations, legal experts, and policymakers as they grapple with an evolving digital landscape dominated by state censorship and surveillance. Understanding the strategies employed by authoritarian regimes and the countermeasures necessary to protect online rights is crucial for organizations seeking to navigate these complexities while safeguarding user freedoms.


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Industry News – Data Privacy and Protection Beat

Internet Freedom in Decline: Insights from Freedom on the Net Report 2024

ComplexDiscovery Staff

The concept of internet freedom—once a beacon for open communication and expression—has been under severe strain, as highlighted in the recent ‘Freedom on the Net’ report by the advocacy group Freedom House. For the 14th consecutive year, the global state of internet freedom has deteriorated, with Myanmar and China now sharing the ignominious position of having the least internet freedom worldwide. The report provides significant insights crucial for corporations, legal entities, and governmental organizations as they navigate the complex landscape of digital communication and control.

Myanmar’s decline, post the military coup of 2021, exemplifies a drastic shift in regulatory norms, as the ruling junta increasingly clamps down on online dissent through comprehensive censorship measures and surveillance strategies. In May, Myanmar’s government introduced significant restrictions aimed at curbing the use of virtual private networks (VPNs), a tool essential for citizens seeking to bypass state-imposed internet controls. This ongoing repression places Myanmar on par with China, notorious for its ‘Great Firewall,’ a robust system designed to monitor and obstruct illicit content deemed threatening by the ruling Communist Party.

A spokesperson for China’s Ministry of Foreign Affairs, Mao Ning, dismissed the findings, contesting that the so-called report originates with ‘ulterior motives’ and insists Chinese citizens ‘enjoy various rights and freedoms in accordance with the law.’ Despite these assertions, China’s online policies continue to isolate its digital environment from the outside world. This strategic digital isolation involved blocking international traffic to governmental websites and imposing severe penalties on citizens who use VPNs to circumvent state censorship.

The report also casts a spotlight on Kyrgyzstan, identifying it as having the sharpest regression in internet freedoms this year. Under President Sadyr Japarov, efforts to silence digital media and quell online organizing have intensified, symbolized by actions such as the closure of the investigative media website Kloop, which reported human rights violations against opposition figures.

Conversely, there are exemplars of digital freedom and resilience. Iceland, known for its liberal stance on internet and expression rights, continues to lead as the most internet-free country on the planet, followed by Estonia, Canada, Chile, and Costa Rica. In contrast, the United States maintains its position at a moderate level, with ongoing discussions about the balance between internet freedom and governmental surveillance. A pertinent issue highlighted by Freedom House is the misuse of artificial intelligence (AI) in election campaigns, with the report noting legislative actions in at least 19 US states to safeguard against AI-driven election manipulation.

The implications of declining internet freedom are vast and multifaceted, posing challenges especially for legal professionals, corporate compliance departments, and policy makers. The strategies employed by authoritarian regimes to curtail digital freedom through surveillance, censorship, and propaganda necessitate robust countermeasures to protect human rights online. The corporate world, especially those involved in digital technology and telecommunications, must be adept in navigating these complicated terrains, ensuring that they comply with local laws while safeguarding the rights of their users.

As digital governance becomes increasingly complex, understanding these dynamics is critical. The collaboration between technological firms and public institutions remains key in addressing these challenges, ensuring that innovations advance without compromising ethical standards or human rights. The Freedom on the Net report serves as a crucial safeguard, warning of potential abuses of power and helping guide international dialogue on maintaining open and accessible digital spaces.



Implications for Cybersecurity, Information Governance, and eDiscovery Professionals

The findings from the “Freedom on the Net” report carry significant implications for cybersecurity, information governance, and eDiscovery professionals, particularly as digital restrictions tighten in authoritarian states like Myanmar and China. These growing constraints pose a range of challenges that demand careful strategic response.

In cybersecurity, the increasing use of state surveillance and censorship technologies heightens the risk of data interception, cyber espionage, and breaches. Organizations must be more vigilant than ever, ensuring their digital infrastructures are robust enough to defend against government interference while still adhering to local legal frameworks. The crackdown on VPNs and other privacy tools in these environments adds another layer of complexity, requiring security professionals to continually adapt their defenses to meet both regulatory and operational demands.

For information governance experts, the challenge lies in managing sensitive data within increasingly restrictive legal environments. Governments that impose broad controls over internet access and communication present difficult choices for organizations when it comes to data storage and retention. Striking a balance between compliance with local laws and protecting data privacy becomes crucial, especially in regions with heightened surveillance practices. This makes it imperative for professionals to reassess their governance strategies to ensure both legal compliance and the ethical handling of information.

In the realm of eDiscovery, the report underscores the growing difficulties in cross-border investigations, particularly in countries where online activity is heavily monitored or censored. Evidence collection in such environments can be complicated by government intervention, surveillance, or manipulation of digital content. Moreover, the use of technologies like VPNs, while essential for bypassing state-imposed controls, can put legal practitioners at risk of violating local laws. As a result, eDiscovery professionals must develop a nuanced understanding of regional legal landscapes and collaborate with local experts to navigate these increasingly complex challenges.

The erosion of internet freedom demands that professionals in these fields adjust their strategies to account for the evolving geopolitical risks. A strong, compliant, and secure approach to data management is essential, particularly for organizations operating in or engaging with countries where digital repression is on the rise.

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