LIVE NOW - From the Hearing Room
By Clayton Posted in Technology — Comments (19) / Email this page » / Leave a comment »
I'm live on the air here from 2172 Rayburn. Joining me in the innaugural bloggers row for this
Full coverage and statements from Google, Cisco, Microsoft, and Yahoo! after the jump:
hearing are:
Rebecca MacKinnon
Tim Chapman at Town Hall
Human Events Online
The New York Times (Subscription)
(Yes, the NYT is here as a blogger. And presumably a regular media organization.)
9:39AM - Lots of activity and plenty of people outside. More as we get started.
10:02AM - Representative Smith - "Today's technology companies are participating in a similarly sickening collaberation, decapitating the voices of the dissidents". And we're off.
10:09 - Representative Smith is coming out swinging hard at U.S. corporations, indicating that they need to develop codes of conduct for operation in China.
10:17 - Representative Tom Lantos says that - in the future - looking up oxymoron in the dictionary will point to Google, Yahoo!, Microsoft and Cisco. He is attacking the founders and executives of these companies for wasting their fortunes and creativity by complying with the PRC's demands for doing business in the country.
11:00AM - No question that the congressmen are coming out hard, continually pointing out that with the amount of resources that the technology companies have (money and leverage) they should be doing more to stand up to the PRC. Comgressman Burton has directly asked the companies to state what amounts of money they are making from contracts with the Chinese government.
11:06 - Tancredo is speaking and challenges the statements of the Democrat members of the committee that have been comparing the human rights violations in the PRC with the actions taken in the war on terror.
11:35 - FINALLY! Members are finally openly discussing the passage of Permanent Normal Trade Relations - and how we encouraged these companies to do business in China and yet we are now calling for their retreat.
11:58 - The State Department is speaking and is making some very exciting points about how they will be engaging the foreign governments... Oh nevermind. I've got my State Department filters on.
12:00 - By the way, the NYTimes guy is audio-taping this and taking notes in his notepad. Again, he seems like a nice guy, and he's using a Mac. But not exactly the 'spirit of the blogger'.
12:33 - I'm not heartened by the fact that David Gross of the State Department incorrectly answers Representative McCollum's question about Internet access for American citizens within China. She asks the panel if a U.S. citizen, doing business with a U.S. company can access the 'unfiltered' Internet as they would at home. His answer starts out promising with 'It Depends.', but he eventually answers that nearly all access goes through filters. While it's true that an overwhelming majority of traffic goes through the filters, it's patently false to say that U.S. companies are not using any number of technologies to encrypt and build private links back to U.S. headquarters in order to provide unfettered access, as well as steer clear of any corporate spying concerns. This is not a very complex point, and it's an important one for this particular issue. Because if U.S. companies are using this technology, then average Chinese citizens have the ability to use the same, effectively doing an end-around on the PRC filters and making the technology investment by these companies worthwhile.
12:47 - Tech company panel starting now.
1:07 - Google, Yahoo!, and Microsoft are all on the same page - 'The decision to operate in China is full of imperfect decisions. We do the best we can, push back when we can, and need the U.S. government's help in making censorship a trade issue".
1:14 - Representative Smith is doing a live demonstration of the differences in the search for "Tiananmen Square" on Google.com and
Google.cn
2:04 - The committee members are asking a lot of tough questions of the technology panelists. Everything seems to revolve around the central issue - either we get out of China or we comply with their laws, but we can't force U.S. companies to operate by U.S. laws within China. Any more than there's an expectation that Chinese companies can follow foreign rules while doing business here. The State Department task force has been mentioned several times in concert with an industry panel that can begin to tackle these issues, but the members seem frustrated that there are no tangible actions that we can immediately take to fix the problem. Several of the members seem as though they would be content for these technology companies to pack up and leave China today....
2:17 - Representative Lantos is again providing some uncomfortable questioning, asking each company whether they are ashamed or proud of their work in China. Google - "We're not ashamed or proud". Cisco's general counsel kept dodging the question until Lantos moved on. Microsoft reiterated that they felt engagement was the best course of action, although imperfect. Yahoo!'s answer was consistent to the others.
2:37 - Representative Burton asks: "If your companies had not been in country. Does China have the ability, the technology, to create a censored Internet on their own?"
2:42 - Burton: "Do any of you have any counter-censorship software available for download or purchase? Do you plan to? Is that possible?". A stunned look of silence from the panelists.
2:56 - Holy cow! Rep. Wexler just woke everyone up and is ranting - "How duplicitous of us, the US Congress, to ask these companies to prioritize the issue of human rights versus the interests of their shareholders, employees, as a corporate citizen. And we, the US Congress, should have the consistency to say trade with China is not as important as human rights."
(Tim at Town Hall is geeking out with VIDEO! from the event! Find it here.)
Google's Statement
They emphasized statements they've already made - that the Google.com experience was so poor from within China, due to the PRC filtering - that they felt compelled to offer a native service (google.cn) to increase usability and engage Chinese users of the service. They also restated that when search results are filtered because of PRC requirements, that there is a message displayed to the user indicating that results are not 'pure'. Notably, they continue to allow access to google.com to Chinese users, for those that wish to use it.
Google shared with the committee their "analytic framework" used to develop the google.cn service. This includes:
- Satisfying the interests of users
- A policy conviction to expanding access to information
and finally,
- Being responsive to local conditions
Google directly addressed their informal mantra:
"Many, if not most, of you here know that one of Google's corporate mantras is "Don't be evil." Some critics - and even a few of our friends - think that phrase arrogant, or naive, or both. It's not. It's an admonition that reminds us to consider the moral and ethical implications of every single business decision we make."
All in all, there's not much new information from Google in their statement, and certainly nothing that's going to endear them to this notable hostile committee.
Cisco's statement to the committee concentrated mainly on the fact that Cisco equipment available worldwide has the same features and functions as available in the PRC. The filtering features in Cisco's products are used for many different reasons - filtering inappropriate content in schools, filtering content in corporate networks, and - most notably - is also used for filtering by other governments in the Middle East and France.
Cisco asks a number of hard questions in the last part of their statement:
"Has the Internet helped spread a dramatic increase in access to information in regions where content is nonetheless subject to certain limitations? Does active engagement in such contries help to influence policy decisions? What policies will best help foster the ability to overcome censorship? If countries that engage in censorship are to be denied US Internet tehcnology, will those countries establish closed-standard Internets of their own to futher restrict access to information?"
"In our view, legislation or other action which encourages governments to build their own Internets will *reduce* free expression."
Yahoo!'s Statement
Yahoo also reiterated previous positions, saying that they continue to believe that engagement of U.S. technology companies in the Chinese marketplace is the best agent for change. Yahoo! will restrict results when necessary according to local law, but does so as "narrowly as possible" (according to who's measure?). Honestly, not much interesting or novel in their prepared remarks, we'll see how the questioning goes.
Microsoft offers a statement that clearly leads with a nod to the recent State Department announcements. Governments, in partnership with private industry, should have a series of ongoing dialogs about censorship and freedom.
Again, you can peruse the entire thing yourself, but not much new information here - and a whole lot of love from the general counsels.
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LIVE NOW - From the Hearing Room 19 Comments (0 topical, 19 editorial, 0 hidden) Post a comment »
Google and other companies will operate in China for not a day longer than the Chinese tolerate their presence. China has no lack of home-grown competitors, and our guys will get thrown out with the garbage on the same day that the Chinese companies decide they have nothing more to learn from us. Smith is talking like Google actually has some power over there.
But I've got my privacy screen on :)
I hate the Communist regime there, but I hate show hearings by Congressmen trying to look good in front of the media, too.
This hearing is just an election-year attempt to get a free ride on some headlines. It's can acheive no more good than those stupid steroids hearings.
If China is a threat, Cisco routers and Google filters are the least of our worries. Certainly in a state where people are jailed and tortured on whims of the regime leadership, those companies are the least of the Chinese peoples' worries.
And I hope you find a polite way to tell them that, Clayton, heh.
I actually think it is Oxymoronic to have someone from the NY TImes in "bloggers row". That all said, and I've commented on this elsewhere, I find it unusual that the new progressive companies, like Yahoo, Google, Microsoft, etc, are doing business, and even in bed with the Chinese.
I know there are global economic realities, but I really believe you have to seel out a lot of your ideals to do business in China.
I agree that these companies have little influence there and run the risk of being tossed out of the country if they don't abide by Chinese rules. (Although, I'm not so sure isolating the country from the global culture wouldn't eventually weaken the gov't.)
My problem with these companies isn't that they knuckle under to the Chinese gov't. But they look like total hypocrites when they assist in censorship there, but refuse to help assist the gov't. here, or when their CEOs try to portray themselves as wonderful philanthropists out to help those that can't help themselves.
They should shut up and run their businesses.
I agree, and I wonder which, if any, congressional members will care to point out the role they had and have in working with China to address it's weak human rights stand. Fortunately these companies have no problem pointing out where the realresponsibilty for changing China lies (emphasis mine):
In addition to common action by Internet companies, there is an important role for the United States government to address, in the context of its bilateral government-to-government relationships, the larger issues of free expression and open communication.
While we believe that companies have a responsibility to identify appropriate practices in each market in which they do business, we think there is a vital role for government-to-government discussion of the larger issues involved. We urge the United States government to take a leadership role in this regard and have initiated a dialogue with relevant U.S. officials to encourage such government-to-government engagement...
Who really has the power and the position to influence change in China? And what will those persons do in the future that is different than what they've done in the past? That's what this hearing should be about.
I agree that this is grandstanding. It seems like they are hoping that private companies act as government agents because they havent been able to fix the problem themselves.
Either our policy is to allow business with China (the overwhelm them with capitalism strategy), or it isnt (suffocate the governments power by denying capital).
Unless these businesses are doing something against US law, what is the point?
Now, whether our policy should change is a different complex story.
Google et al will get tossed out of the PRC as soon as they are no longer useful. It has nothing to do with abiding by the PRC's rules, and in fact the rule violations might just be the cover story for kicking them out.
China is in the process of developing an economy driven by final demand rather than by exports. They're playing Western companies like violins, to transfer technology and business acumen under the false promise of continuing access to lucrative markets, and they've been playing this game for 25 years now.
When you ask really serious investors what they're doing in China, the answer is almost always: Not much. No one has figured out how to actually make any money there.
Regarding China's exposure to "global culture" as a way of opening them to liberalization: the Chicoms laugh up their sleeves whenever they hear us say that.
Either we favor free trade with unfree countries, or we don't.
It's not fair to endorse free trade agreements, Chicom WTO entry, and such on one hand, but then ont the other hand blast the companies that take advantage of the lowered trade barriers.
The original post, your first comment, and my response were in regards to the companies doing business there. Your last response deals pretty much with the Chinese government's strategy and actions. (As an aside, I'm in the institutional investment industry. "Really serious investors" don't put money down sinkholes without the prospect of a reasonable return. A good example is Manulife. They have been operating in China at least since 1992 and make plenty of money there.)
My main point is the same. These companies and the people who run them look like hypocrites and ought to keep their mouths shut.
By the way, its nice that you have an inside line with the Chinese gov't. and know what makes them laugh. Maybe you could distract them with some jokes while Google sneaks past the censors.
Willing to discuss offline? I assume you have invested successfully in China and would love to know more.
They're playing Western companies like violins, to transfer technology and business acumen under the false promise of continuing access to lucrative markets, and they've been playing this game for 25 years now.
I like your perspective on things but this doesn't add up. For one thing, you say they've been at this for 25 years now... that's a pretty long time already - how much longer do you speculate they'll continue their subterfuge until they "spring the trap", kick all American (all foreign?) companies out of the country, and divest themselves from the world economy?
For another, I find it difficult to match this idea up with the growing number of American (and I'm sure other foreign) companies doing business there. For example, Walmart now has upwards of 50 stores open in China - not just operatonal locations that support it's U.S. business but actual retail outlets or supercenters as it were. All I see is increased activity, and increased consumer spending by Chinese citizens to American vendors on the ground there - do you assert China will not only remove American businesses, but also commandeer their property and take over their operations (and profits) as well?
When you ask really serious investors what they're doing in China, the answer is almost always: Not much. No one has figured out how to actually make any money there.
But today we hear, as an example, that "Cisco buys slice of China game maker".
Granted this is one example, but is Cisco wasting it's money? Walmart, Microsoft - those are smart folks too and have years of success... but you sort of paint them all as unwitting dupes about to be fleeced...
it seems to me that you could cause them a lot of trouble by depriving them of Cisco routers and effective, efficient search engines.
Well, preventing Google from operating a site under Chinese law doesn't achieve the latter.
As for the former, don't kid yourself. In that field, there's nothing American companies can do there that a European country couldn't. Depriving Americans of those Chinese dollars is all we'd achieve with an embargo.
As a general rule (not without exceptions), Western companies are allowed to do business in China and make direct investments only when the Western companies form partnerships with Chinese-owned entities and agree to transfer technology and other knowledge to the Chinese partners.
China are not about to pick up and throw everyone out one fine day, because they still have a use for direct investment and continuing technology transfers. But they're not about to let us get rich doing it. There's much more at work here than simple comparative advantage. The managers of Chinese enterprises are often closely allied with members of the government and the military (sometimes they are the same people), and they are definitely looking ahead to being able to challenge Western companies at our own game.
China has tremendous natural competitive assets, not limited to their low-cost manufacturing labor, and they take an exceedingly long strategic view, which is in itself a competitive asset as many American public companies have trouble looking beyond the current quarter.
In specific regard to the tech companies that were the focus of the hearing: look at Google. This is a company with at least three well-established direct competitors that are Chinese-owned, and several other up-and-comers. Given that business dealings in China are far from transparent, I (as a Google shareholder) am far from confident that Google will be able to grow into anything like the dominant position they occupy elsewhere. They aren't going to get booted out, but they will find that, strangely, their margins, growth rates and equity-returns are just not as high in China as they are here.
Cisco is well known for having been to China early, and is believed to have worked closely with Chinese authorities on the design of routers with filtering capabilities of particular usefulness for surveillance and filtering. Others here have more specific insights on Cisco's activities in China than I do so I won't say more, but even Cisco has native Chinese competitors. The Chinese aren't stupid: they will buy Cisco products rather than forego their specific benefits, but they will do everything they can to ensure that these benefits eventually appear in Chinese offerings.
I indeed know some very sophisticated investors (they are household names although I obviously won't name any) who are concerned enough about the difficulty of staking out profitable market positions in China that they won't make big bets there. TennJohn (upthread) disagrees with me on this. There's no doubt that you can make some money, but it's far from a fertile playing field, and anything but a level one. A disciplined investor who has large amounts of money to put into the ground (billions or tens of billions) should think twice about putting it in China.
Ever since China started opening to Western investment some 25 years ago, there has been the perception among Western business that the "market of one billion consumers" was a place you just had to be. Exploiting this perception was what I meant by "playing Western companies like violins." An earlier generation of companies found Japan a similarly difficult place to do business, and still do.
The biggest difference with China is that, although they are now an export-led economy, they are fast approaching the point (at least among their urban populations) at which they will rival and surpass the US as a source of final demand. And in every business ever invented (except the government business), the customer is always right. Once China becomes the world's biggest customer, they will be in a position to strongly influence global markets for strategic resources, capital, and finished goods, in ways that American companies have been used to doing for decades.
I think China has a (possibly exploitable) weakness in the relative immaturity of their financial system. They simply do not allocate capital as efficiently as we do, but that may just be in the nature of command economies. They also are net exporters of capital, which is an unprecedented position for a developing country. There are any number of theories about why they are doing this, but I don't know any convincing ones.
All of this is happening, and fast. We can't do anything to stop it. It's not malfeasance by the Chinese, it's just extremely shrewd business and investment practice. It's bizarre to see US legislators grandstanding about it.
Isnt another problem the fact that China really has no interest in enforcing US copyright laws so it is more than happy to have US companies come in and show them their trade secrets?
China has no need whatsoever to play by our rules, since they know we'll do anything they ask in order to be granted "access" to their markets.
If you want to know what their attitude toward intellectual property is, just think about the enormous amount of industrial espionage they do.
China has an insatiable hunger for prestige. They feel that the rest of the world has [defecated] on them unjustly for hundreds, even thousands, of years, and they desperately need to prove their true worth, which of course if formidable. They want everyone to know they've arrived in the front rank of the world's nations. That's why it matters so much to them to have a Chinese entrant in every competition there is.
There's no notion of fair play or of getting along nicely with the other kids in the sandbox here. Our intellectual property laws to them only matter insofar as they may be sanctioned for violating them, and there is no chance of that.

blogger doesn't try to plagiarize your report.