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A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 1
Social, Legal, and Ethical Issues for Computers
and the Internet
Freedom of Speech In Cyberspace
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 2
A Gift of Fire
Freedom of Speech In Cyberspace
Changing Communications Paradigms
Offensive Speech and Censorship in Cyberspace
Anonymity
Spam
Ensuring Valuable and Diverse Content
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 3
Changing Communications Paradigms
Regulatory Paradigms
Communication technologies differ with respect to their
degree of First Amendment protection and government
regulation.
Print Media:
• Strongest First Amendment protection (books have been banned, but
the trend has been toward fewer government restraints).
Broadcast Media:
• Less First Amendment protection than print media (TV and Radio
stations are licensed by the gov’t…not print outlets).
Common Carrier (telephone, telegraph, postal system):
• Content not controlled and the carrier is not responsible for content.
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 4
Changing Communications Paradigms
Regulatory Paradigms (cont’d)
Internet, BBSs, commercial online services, and the WWW:
• Not exactly print media.
• Not exactly broadcast media.
• Not exactly common carrier.
Q: Who controls the distribution of news, information, and opinion at the
online service you use? at the Web sites you frequent?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 5
Changing Communications Paradigms
The First Amendment
Protects Citizens From Government
• Prohibits restriction of speech, press, peaceful assembly, and religion.
Subsequent Interpretations Address:
• Offensive and/or controversial speech and ideas,
• Spoken and written words,
• Pictures, art, and other forms of expression and opinion, and
• Commercial speech (e.g. advertising).
Q: Should all speech be constitutionally protected?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 6
Offensive Speech and
Censorship in Cyberspace
Speech Might Include:
• Political or religious speech.
• Pornography (Multibillion-dollar online business).
• Sexual or racial slurs.
• Nazi materials.
• Libelous statements.
• Abortion information.
• Alcohol ads.
Q: Identify other forms of speech found in cyberspace that some consider
offensive.
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 7
Offensive Speech and
Censorship in Cyberspace
Miller v. California
Material is considered obscene if all three parts are met:
1. It depicts sexual (or excretory) acts whose depiction is specifically
prohibited by state law, and
2. It depicts these acts in a patently offensive manner, appealing to the
prurient interest as judged by a reasonable person using community
standards, and
3. It has no serious literary, artistic, social, political, or scientific value.
Q: Historically, how have local “community standards” affected censorship
of speech in cyberspace? (see next page)
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 8
Straining Old Legal Standards
No physical locations on the internet.
Page 198…
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 9
Offensive Speech and
Censorship in Cyberspace
Material Inappropriate for Children
Technology Changes the Context
• On the Web, children have access to the same ‘adult’ text, images,
videos, etc. as adults (no “tickettaker” to check age).
• Online proprietors don’t know the customer is not an adult.
Protecting Children
Regardless of the medium:
– It is illegal to create, possess or distribute child pornography. (Because
creation of it is child abuse...)
– It is illegal to lure children into sexual activity.
Q: How should children be protected from access in cyberspace to adult
material? (next page)
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 10
Protect Children
Software filtering:
Bess
Cyber Patrol, Surf-Watch
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 11
Offensive Speech and
Censorship in Cyberspace
Censorship Laws
Communications Decency Act (CDA, 1996)
• Publicity and public pressure lead Congress to pass this act.
• Anyone who made available to anyone under 18 any communication
that is obscene or indecent would be subject to a $100,000 fine and two
years in prison.
• American Civil Liberties Union (and other free speech advocates)
found this law to be a “profound threat to freedom of expression.
• In 1997, the CDA was ruled unconstitutional because it was too vague
and too broad in protecting children online and because less restrictive
means are available.
Q: Should content on the Internet have as much First Amendment protection as
printed material?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 12
Offensive Speech and
Censorship in Cyberspace
Censorship Laws (cont’d)
Child Online Protection Act (COPA, 1998)
• Commercial Web sites that make available to minors materials
“harmful to minors”, as judged by community standards would be
subject to a $50,000 fine and six months in jail.
• In 2000 and 2003, COPA was ruled unconstitutional by a federal court.
Q: How are children protected from “harmful” material outside of Cyberspace?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 13
Offensive Speech and
Censorship in Cyberspace
Censorship Laws (cont’d)
Children’s Internet Protection Act (CIPA)
• Any school or library receiving federal Internet funds must install
filtering software on all Internet terminals.
• Filters must block sites containing child pornography, obscene material,
and any material deemed “harmful to minors.”
• A federal appeals court ruled a major part of CIPA unconstitutional in
2002 but the Supreme Court upheld the law in 2003.
Q: How does CIPA affect adults accessing online material at a public library
that uses filtering software? See page 206…
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 14
Offensive Speech and
Censorship in Cyberspace
Limiting Internet Access in Libraries and
Schools
Filtering Software
• Benefit: prevent access to inappropriate material on the Internet by
screening words or phrases, blocking sites according to rating system,
or disallowing access to specific sites in a list.
• Problems: can be ineffective—kids get around the filters; the words,
phrases, rating systems, etc. are subjective; “banned” keywords can be
overly restrictive for adult users and for legitimate use by minors.
• See page 205 for a list of filtered sites…
Q: What has been your experience with filtering software?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 15
Offensive Speech and
Censorship in Cyberspace
Challenging Old Regulatory Paradigms and
Special Interests
License required:
• To practice law.
• To publish traditional newsletters about commodities and futures
investing (prior to 2000).
No license required:
• To create downloadable, self-help legal software.
• To publish newsletters about, developing software for, and operating
Web sites concerning commodities and futures investing (since 2000).
Q: Is online advertising of wine free speech or disregard for the regulatory
rights of state governments?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 16
Offensive Speech and
Censorship in Cyberspace
Censorship On the Global Net
Global Impact
• Avoiding censorship: the global nature of the Net allows restrictions (or
barriers) in one country to be circumvented by using networks in other,
less restrictive countries.
• Creating censorship: the global nature of the Net makes it easier for one
nation to impose restrictive standards on others. Cases page 210.
Q: Why are online gambling sites established offshore?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 17
Anonymity
Common Sense and the Internet
• Early publications by some of our Founding Fathers were published
under pseudonyms.
• Today, there are publications on the Net that are posted anonymously.
• Anonymizer.com Surf the web/send e-mail anonymously
Q: What are the drawbacks of anonymous Web postings?
(See next slide)
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 18
Against Anonymity
• Potential to shield criminal/anti-social
activity
– Fraud, harassment, and extortion
– Distribution of child pornography
– Libel or threatening others with impunity
– Infringe copyrights by posting software
– Plan terrorist attacks
• Poor “netiquette”
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 19
Anonymity
Is Anonymity Protected?
Conflicts between political freedom of speech and campaign
regulations:
• Anonymity protects against retaliation and embarrassment.
• Anonymity violates rules established by the Federal Elections
Commission (FEC) Case page 215.
Q: Should anonymous political speech on the Web be regulated?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 20
Anonymity
Anonymity vs. Community
Supporters of anonymity:
• Say it is necessary to protect privacy and free speech.
Opponents of anonymity:
• Believe it is anti-social and allows criminals to hide from law
enforcement.
Q: How is the practice of anonymity online similar/dissimilar to strong
encryption? VERY similar…challenging to law enforcement.
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 21
Spam
What Is the Problem?
Unsolicited, mass e-mail:
• is cheap to senders but may impose costs on the recipient’s time and/or
the recipient’s online account.
• may contain objectionable content (political, commercial ads,
solicitations for funds, pornography, etc.).
• may contain a disguised return address.
• may pass through filters.
• invades privacy.
• creates a financial and managerial burden on ISPs.
Q: How do you handle spam?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 22
Spam
Cases and Free Speech Issues
AOL v. Cyber Promotions
• AOL and other service providers have successfully sued spammers
because of the cost burden imposed. Page 219.
Disgruntled Intel Employee
• Initially, a court ruled that non-commercial spam to Intel employees at
their Intel e-mail accounts was a form of trespass.
• The CA Supreme Court ruled that it was not.
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 23
Spam
Solutions
• Technology: filters that screen out spam.
• Market Pressure: services that list spammers.
• Business Policy: at the discretion of the recipient, all e-mail would be
charged a microfee.
• Law: create restrictions that are consistent with the First Amendment.
• Vigilantism: punish spammers by hacking into their phone or computer
systems.
Q: Which solution above, or others, do you support?
A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 24
Ensuring Valuable and
Diverse Content
Points to Consider:
• Is there a balance between commercial and educational information on
the Web?
• Should diverse content on the Web be subsidized with taxes?
• Should valuable content on the Web be regulated?
• Do we need to ensure the existence of sites containing civic
information?
• Are more sites that promote the arts and culture needed?
Q: How do we ensure valuable and diverse content in traditional forms of
media?

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Freedom of speech

  • 1. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 1 Social, Legal, and Ethical Issues for Computers and the Internet Freedom of Speech In Cyberspace
  • 2. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 2 A Gift of Fire Freedom of Speech In Cyberspace Changing Communications Paradigms Offensive Speech and Censorship in Cyberspace Anonymity Spam Ensuring Valuable and Diverse Content
  • 3. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 3 Changing Communications Paradigms Regulatory Paradigms Communication technologies differ with respect to their degree of First Amendment protection and government regulation. Print Media: • Strongest First Amendment protection (books have been banned, but the trend has been toward fewer government restraints). Broadcast Media: • Less First Amendment protection than print media (TV and Radio stations are licensed by the gov’t…not print outlets). Common Carrier (telephone, telegraph, postal system): • Content not controlled and the carrier is not responsible for content.
  • 4. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 4 Changing Communications Paradigms Regulatory Paradigms (cont’d) Internet, BBSs, commercial online services, and the WWW: • Not exactly print media. • Not exactly broadcast media. • Not exactly common carrier. Q: Who controls the distribution of news, information, and opinion at the online service you use? at the Web sites you frequent?
  • 5. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 5 Changing Communications Paradigms The First Amendment Protects Citizens From Government • Prohibits restriction of speech, press, peaceful assembly, and religion. Subsequent Interpretations Address: • Offensive and/or controversial speech and ideas, • Spoken and written words, • Pictures, art, and other forms of expression and opinion, and • Commercial speech (e.g. advertising). Q: Should all speech be constitutionally protected?
  • 6. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 6 Offensive Speech and Censorship in Cyberspace Speech Might Include: • Political or religious speech. • Pornography (Multibillion-dollar online business). • Sexual or racial slurs. • Nazi materials. • Libelous statements. • Abortion information. • Alcohol ads. Q: Identify other forms of speech found in cyberspace that some consider offensive.
  • 7. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 7 Offensive Speech and Censorship in Cyberspace Miller v. California Material is considered obscene if all three parts are met: 1. It depicts sexual (or excretory) acts whose depiction is specifically prohibited by state law, and 2. It depicts these acts in a patently offensive manner, appealing to the prurient interest as judged by a reasonable person using community standards, and 3. It has no serious literary, artistic, social, political, or scientific value. Q: Historically, how have local “community standards” affected censorship of speech in cyberspace? (see next page)
  • 8. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 8 Straining Old Legal Standards No physical locations on the internet. Page 198…
  • 9. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 9 Offensive Speech and Censorship in Cyberspace Material Inappropriate for Children Technology Changes the Context • On the Web, children have access to the same ‘adult’ text, images, videos, etc. as adults (no “tickettaker” to check age). • Online proprietors don’t know the customer is not an adult. Protecting Children Regardless of the medium: – It is illegal to create, possess or distribute child pornography. (Because creation of it is child abuse...) – It is illegal to lure children into sexual activity. Q: How should children be protected from access in cyberspace to adult material? (next page)
  • 10. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 10 Protect Children Software filtering: Bess Cyber Patrol, Surf-Watch
  • 11. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 11 Offensive Speech and Censorship in Cyberspace Censorship Laws Communications Decency Act (CDA, 1996) • Publicity and public pressure lead Congress to pass this act. • Anyone who made available to anyone under 18 any communication that is obscene or indecent would be subject to a $100,000 fine and two years in prison. • American Civil Liberties Union (and other free speech advocates) found this law to be a “profound threat to freedom of expression. • In 1997, the CDA was ruled unconstitutional because it was too vague and too broad in protecting children online and because less restrictive means are available. Q: Should content on the Internet have as much First Amendment protection as printed material?
  • 12. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 12 Offensive Speech and Censorship in Cyberspace Censorship Laws (cont’d) Child Online Protection Act (COPA, 1998) • Commercial Web sites that make available to minors materials “harmful to minors”, as judged by community standards would be subject to a $50,000 fine and six months in jail. • In 2000 and 2003, COPA was ruled unconstitutional by a federal court. Q: How are children protected from “harmful” material outside of Cyberspace?
  • 13. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 13 Offensive Speech and Censorship in Cyberspace Censorship Laws (cont’d) Children’s Internet Protection Act (CIPA) • Any school or library receiving federal Internet funds must install filtering software on all Internet terminals. • Filters must block sites containing child pornography, obscene material, and any material deemed “harmful to minors.” • A federal appeals court ruled a major part of CIPA unconstitutional in 2002 but the Supreme Court upheld the law in 2003. Q: How does CIPA affect adults accessing online material at a public library that uses filtering software? See page 206…
  • 14. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 14 Offensive Speech and Censorship in Cyberspace Limiting Internet Access in Libraries and Schools Filtering Software • Benefit: prevent access to inappropriate material on the Internet by screening words or phrases, blocking sites according to rating system, or disallowing access to specific sites in a list. • Problems: can be ineffective—kids get around the filters; the words, phrases, rating systems, etc. are subjective; “banned” keywords can be overly restrictive for adult users and for legitimate use by minors. • See page 205 for a list of filtered sites… Q: What has been your experience with filtering software?
  • 15. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 15 Offensive Speech and Censorship in Cyberspace Challenging Old Regulatory Paradigms and Special Interests License required: • To practice law. • To publish traditional newsletters about commodities and futures investing (prior to 2000). No license required: • To create downloadable, self-help legal software. • To publish newsletters about, developing software for, and operating Web sites concerning commodities and futures investing (since 2000). Q: Is online advertising of wine free speech or disregard for the regulatory rights of state governments?
  • 16. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 16 Offensive Speech and Censorship in Cyberspace Censorship On the Global Net Global Impact • Avoiding censorship: the global nature of the Net allows restrictions (or barriers) in one country to be circumvented by using networks in other, less restrictive countries. • Creating censorship: the global nature of the Net makes it easier for one nation to impose restrictive standards on others. Cases page 210. Q: Why are online gambling sites established offshore?
  • 17. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 17 Anonymity Common Sense and the Internet • Early publications by some of our Founding Fathers were published under pseudonyms. • Today, there are publications on the Net that are posted anonymously. • Anonymizer.com Surf the web/send e-mail anonymously Q: What are the drawbacks of anonymous Web postings? (See next slide)
  • 18. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 18 Against Anonymity • Potential to shield criminal/anti-social activity – Fraud, harassment, and extortion – Distribution of child pornography – Libel or threatening others with impunity – Infringe copyrights by posting software – Plan terrorist attacks • Poor “netiquette”
  • 19. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 19 Anonymity Is Anonymity Protected? Conflicts between political freedom of speech and campaign regulations: • Anonymity protects against retaliation and embarrassment. • Anonymity violates rules established by the Federal Elections Commission (FEC) Case page 215. Q: Should anonymous political speech on the Web be regulated?
  • 20. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 20 Anonymity Anonymity vs. Community Supporters of anonymity: • Say it is necessary to protect privacy and free speech. Opponents of anonymity: • Believe it is anti-social and allows criminals to hide from law enforcement. Q: How is the practice of anonymity online similar/dissimilar to strong encryption? VERY similar…challenging to law enforcement.
  • 21. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 21 Spam What Is the Problem? Unsolicited, mass e-mail: • is cheap to senders but may impose costs on the recipient’s time and/or the recipient’s online account. • may contain objectionable content (political, commercial ads, solicitations for funds, pornography, etc.). • may contain a disguised return address. • may pass through filters. • invades privacy. • creates a financial and managerial burden on ISPs. Q: How do you handle spam?
  • 22. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 22 Spam Cases and Free Speech Issues AOL v. Cyber Promotions • AOL and other service providers have successfully sued spammers because of the cost burden imposed. Page 219. Disgruntled Intel Employee • Initially, a court ruled that non-commercial spam to Intel employees at their Intel e-mail accounts was a form of trespass. • The CA Supreme Court ruled that it was not.
  • 23. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 23 Spam Solutions • Technology: filters that screen out spam. • Market Pressure: services that list spammers. • Business Policy: at the discretion of the recipient, all e-mail would be charged a microfee. • Law: create restrictions that are consistent with the First Amendment. • Vigilantism: punish spammers by hacking into their phone or computer systems. Q: Which solution above, or others, do you support?
  • 24. A Gift of Fire, 2ed Chapter 5: Freedom of Speech in Cyberspace 24 Ensuring Valuable and Diverse Content Points to Consider: • Is there a balance between commercial and educational information on the Web? • Should diverse content on the Web be subsidized with taxes? • Should valuable content on the Web be regulated? • Do we need to ensure the existence of sites containing civic information? • Are more sites that promote the arts and culture needed? Q: How do we ensure valuable and diverse content in traditional forms of media?