Open Letter to Mark Zuckerberg Regarding Internet.org, Net Neutrality, Privacy and Security

Net neutrality supports freedom of expression and equality of opportunity by enabling people to seek, receive and impart information, and to interact as equals. It requires that the internet be maintained as an open platform on which network providers treat all content, applications and services equally, without discrimination. An important aspect of net neutrality states that everyone should be able to innovate without permission from anyone or any entity.

We urge Facebook to assert its support for a true definition of net neutrality in which all applications and services are treated equally and without discrimination — especially in the majority world, where the next three billion Internet users are coming online — and to address the significant privacy and security flaws inherent in the current iteration of Internet.org.

Zero rating is the practice by service providers of offering their customers a specific set of services or applications that are free to use without a data plan, or that do not count against existing data caps. This practice is inherently discriminatory — which is why it has been banned or restricted in countries such as Canada, the Netherlands, Slovenia and Chile.

Zero rating is currently Internet.org’s basic model: Facebook is partnering with ISPs around the world to offer access to certain Internet applications to users at no cost. These agreements endanger freedom of expression and equality of opportunity by letting service providers decide which Internet services will be privileged over others, thus interfering with the free flow of information and people’s rights vis-a-vis networks.

Internet.org misleadingly labels zero-rated applications the “Internet,” when in fact users only receive access to a tiny portion of it. The project acts as a “walled garden” in which some services are favored over others — again, a violation of net neutrality.

Freedom of expression: The project raises other freedom of expression risks. The censorship capability of Internet gateways is well established — some governments require ISPs to block access to sites or services. Facebook appears to be putting itself in a position whereby governments could apply pressure to block certain content, or even, if users must log in for access, block individual users. Facebook would find itself mediating the real surveillance and censorship threats to politically active users in restrictive environments. The company should not take on this added responsibility and risk by creating a single centralized checkpoint for the free flow of information.

We are very concerned about the privacy implications of Internet.org. Facebook’s privacy policy does not provide adequate protections for new Internet users, some of whom may not understand how their data will be used, or may not be able to properly give consent for certain practices. Given the lack of statements to the contrary, it is likely Internet.org collects user data via apps and services. There is a lack of transparency about how that data is used by Internet.org and its telco partners. Internet.org also provides only a handful of applications and services, making it easier for governments and malicious actors to surveil user traffic.

The current implementation of Internet.org threatens the security of users. The May 4 update to the program prohibits the use of TLS (Transport Layer Security), Secure Socket Layer (SSL) or HTTPS encryption by participating services. This inherently puts users at risk, because their web traffic will be vulnerable to malicious attacks and government eavesdropping.

The economic boom and revolution in connectivity that the Internet created in developed countries needs to be shared equally with the next three billion people. Internet.org’s model — giving users a taste of connectivity before prompting them to purchase pricey data plans — fails to acknowledge the economic reality for millions of people who can’t afford those plans. These new users could get stuck on a separate and unequal path to Internet connectivity, which will serve to widen — not narrow — the digital divide.