F10. Network shutdown (telecommunications companies)

The company should clearly disclose the circumstances under which it may shut down or restrict access to the network or to specific protocols, services, or applications on the network.

Elements:

  1. Does the company clearly disclose the reason(s) why it may shut down service to a particular area or group of users?
  2. Does the company clearly disclose why it may restrict access to specific applications or protocols (e.g., VoIP, messaging) in a particular area or to a specific group of users?
  3. Does the company clearly disclose its process for responding to government demands to shut down a network or restrict access to a service?
  4. Does the company clearly disclose a commitment to push back on government demands to shut down a network or restrict access to a service?
  5. Does the company clearly disclose that it notifies users directly when it shuts down a network or restricts access to a service?
  6. Does the company clearly disclose the number of network shutdown demands it receives?
  7. Does the company clearly disclose the specific legal authority that makes the demands?
  8. Does the company clearly disclose the number of government demands with which it complied?

Definitions:

App — A self-contained program or piece of software designed to fulfill a particular purpose; a software application, especially as downloaded by a user to a mobile device.

Clearly disclose(s) — The company presents or explains its policies or practices in its public-facing materials in a way that is easy for users to find and understand.

Government demands — This includes demands from government ministries or agencies, law enforcement, and court orders in criminal and civil cases.

Protocol — A set of rules governing the exchange or transmission of data between devices.

Shut down or restrict access to the network — Network shutdown refers to the intentional disruption of internet or electronic communications, including telecom services such as cellular telephony and SMS. This includes a blanket shut down of all cellular or internet services within a geographic area and targeted blocking of specific services, such as social media or messaging apps.

Indicator guidance: Network shutdowns are a growing threat to human rights. The U.N. Human Rights Council has condemned network shutdowns as a violation of international human rights law and called on governments to refrain from taking these actions. Yet governments are increasingly ordering telecommunications companies to shut down their networks, which in turn puts pressure on companies to take actions that violate their responsibility to respect human rights. We expect companies to fully disclose the circumstances under which they might take such action, to report on the demands they receive to take such actions, and to disclose commitments to push back on or mitigate the effects of government orders.

Potential Sources:

  • Company terms of service
  • Company transparency report
  • Company law enforcement guidelines
  • Company human rights policy
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