Freedom of SpeechFreedom of Speech

http://usinfo.state.gov/usa/infousa/http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htmfacts/funddocs/billeng.htm

Amendment IAmendment I ““Congress shall make no law respecting Congress shall make no law respecting

an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof; or prohibiting the free exercise thereof; or abridging the freedom of speech, or of abridging the freedom of speech, or of the press; or the right of the people the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition the government for a redress of the government for a redress of grievances.”grievances.”

Part 1Part 1

Changing Communications ParadigmsChanging Communications Paradigms

Regulatory ParadigmsRegulatory Paradigms

InternetInternet Technology has advanced since the Technology has advanced since the

time when the Constitution was writtentime when the Constitution was written 3 specific categories the First 3 specific categories the First

Amendment protects within the U.S. Amendment protects within the U.S. communication technologies:communication technologies:

Print mediaPrint media BroadcastBroadcast Common CarriersCommon Carriers

RegulationsRegulations

Telecommunications Act of 1996Telecommunications Act of 1996 What is it?What is it? Importance?Importance?

Communications Decency Act (CDA)Communications Decency Act (CDA) “…“…uses any interactive computer service to display in uses any interactive computer service to display in

a manner available to a person under 18 years of a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, age, any comment, request, suggestion, proposal, image, or other communication that, in context, image, or other communication that, in context, depicts or describes, in terms patently offensive as depicts or describes, in terms patently offensive as measured by contemporary community standards, measured by contemporary community standards, sexual or excretory activities or organs, regardless of sexual or excretory activities or organs, regardless of whether the user of such service placed the call or whether the user of such service placed the call or initiated the communication…”initiated the communication…”(http://www.epic.org/free_speech/CDA/cda.html)(http://www.epic.org/free_speech/CDA/cda.html)

Part 2Part 2

Offensive Speech and Censorship in Cyberspace

What is out there?What is out there?

PornographyPornography What about it is illegal?What about it is illegal? Controversial technological lawsControversial technological laws Attempts to protect childrenAttempts to protect children

First AttemptsFirst Attempts

Federal Censorship LawsFederal Censorship Laws Federal agents monitoring people by Federal agents monitoring people by

any means necessaryany means necessary Cooperation from commercial Cooperation from commercial

servicesservices Software filteringSoftware filtering

Censorship LawsCensorship Laws

CDACDA Child Online Protection Act (COPA)Child Online Protection Act (COPA)

“…“…to obtain verifiable parental consent for to obtain verifiable parental consent for the collection, use, or disclosure of personal the collection, use, or disclosure of personal information from children;”information from children;”(http://www.ftc.gov/ogc/coppa1.htm)(http://www.ftc.gov/ogc/coppa1.htm)

2000 rejection; 2001 appeal; 2007 second 2000 rejection; 2001 appeal; 2007 second rejectionrejection

Child Online Protection CommissionChild Online Protection Commission COPACOPA Reports yet no proposalsReports yet no proposals

Children’s Internet Protection Act (CIPA)Children’s Internet Protection Act (CIPA) ““imposes certain types of requirements on any imposes certain types of requirements on any

school or library that receives funding support school or library that receives funding support for Internet access or internal connections from for Internet access or internal connections from the “E-rate” program…” the “E-rate” program…” (http://www.fcc.gov/cgb/consumerfacts/cipa.ht(http://www.fcc.gov/cgb/consumerfacts/cipa.html)ml)

Deleting Online Predators Act of 2006Deleting Online Predators Act of 2006

Libaries & Schools: FilteringLibaries & Schools: Filtering

Filter’s ProblemsFilter’s Problems Controversial and UnconstitutionalControversial and Unconstitutional Perfection?Perfection? WeaknessesWeaknesses

Problems in LibrariesProblems in Libraries What are people accessing?What are people accessing? Some solutions to the problemsSome solutions to the problems

Other IssuesOther Issues

Bombs Away!!!Bombs Away!!! http://youtube.com/watch?v=h8V9u_0qzBAhttp://youtube.com/watch?v=h8V9u_0qzBA Federal law steps in…Federal law steps in…

(http://thomas.loc.gov/cgi-bin/cpquery/T?(http://thomas.loc.gov/cgi-bin/cpquery/T?&report=sr141&dbname=106&)&report=sr141&dbname=106&)

Censorship…really!?Censorship…really!?

Government finding new ways to Government finding new ways to regulate citizens on the webregulate citizens on the web

What other nations are doingWhat other nations are doing

Part 3Part 3

Anonymity

IssuesIssues

““Anonymity on the Internet Must be Anonymity on the Internet Must be Protected”Protected”

Hide criminal activitiesHide criminal activities Distribution of child pornographyDistribution of child pornography Posting and downloading copyrighted material Posting and downloading copyrighted material

without authorizationwithout authorization Hard to track terrorists and criminalsHard to track terrorists and criminals

Discussion on socially sensitive topicsDiscussion on socially sensitive topics Open discussionsOpen discussions

ModelsModels

SocietySociety (Journal), “Internet and (Journal), “Internet and Anonymity”Anonymity”

Libertarian ModelLibertarian Model Private Enterprise ModelPrivate Enterprise Model Statist ModelStatist Model

Libertarian ModelLibertarian Model

Minimal to no govt. regulationMinimal to no govt. regulation Peer pressure prevents abusive postsPeer pressure prevents abusive posts Site Administrators can delete or Site Administrators can delete or

remove accountsremove accounts

Private Enterprise ModelPrivate Enterprise Model

E-commerce basedE-commerce based Customer privacy and information Customer privacy and information

can be compromisedcan be compromised

Statist ModelStatist Model

Internet should be regulated by Internet should be regulated by governmentgovernment

Citizens are always subordinate to Citizens are always subordinate to the governmentthe government

Anonymous BrowsingAnonymous Browsing

BusinessesBusinesses Businesses cannot get demographic Businesses cannot get demographic

characteristics of frequent viewerscharacteristics of frequent viewers

StatistsStatists Fear communication between criminals with Fear communication between criminals with

each other and with victimseach other and with victims

LibertariansLibertarians Individuals have a choice whether they want Individuals have a choice whether they want

to be anonymous or notto be anonymous or not

Laws against AnonymityLaws against Anonymity

Require ISPs to maintain records of Require ISPs to maintain records of true identity of users and records of true identity of users and records of online activity for a specified period online activity for a specified period of time of time

We can send hardcopy mail without a We can send hardcopy mail without a return address; should there be more return address; should there be more restrictions on anonymity on the Net restrictions on anonymity on the Net than in other contexts?than in other contexts?

Part 4Part 4

Spam

DevelopmentDevelopment

DefinitionDefinition Unsolicited mass e-mail; mostly commercialUnsolicited mass e-mail; mostly commercial

CostCost Much cheaper than printed direct-mail Much cheaper than printed direct-mail

advertisingadvertising

First case of spammingFirst case of spamming Advertising messages sent by a law firm to Advertising messages sent by a law firm to

over 6000 bulletin boards and newsgroups over 6000 bulletin boards and newsgroups in 1994in 1994

IssuesIssues

ContentContent Advertisement, pornography, “get rich Advertisement, pornography, “get rich

quick” schemesquick” schemes

““Junk Mail”Junk Mail” Cost users moneyCost users money

CasesCases

AOL vs. Cyber PromotionsAOL vs. Cyber Promotions 1996, half the e-mails received at AOL was 1996, half the e-mails received at AOL was

spam – mostly from Cyber Promotionsspam – mostly from Cyber Promotions AOL filtered out their e-mails.AOL filtered out their e-mails. Cyber Promotions obtained injunction Cyber Promotions obtained injunction

against AOL from its use of filters, claiming against AOL from its use of filters, claiming it’s First Amendment rights were violatedit’s First Amendment rights were violated

Cases (2)Cases (2)

Intel EmployeeIntel Employee Ken Hamidi sent mass mailings to over Ken Hamidi sent mass mailings to over

30,000 Intel Employees. 30,000 Intel Employees. He disguised return address to avoid filtersHe disguised return address to avoid filters Not commercial e-mail, but is it still spam?Not commercial e-mail, but is it still spam?

Cases (3)Cases (3)

Human Rights and Political Human Rights and Political OrganizationsOrganizations

Amnesty International use thousands of Amnesty International use thousands of volunteers to send mass mail to countries volunteers to send mass mail to countries when a political prisoner was being tortured when a political prisoner was being tortured or executed.or executed.

Now, volunteers can go online and send pre-Now, volunteers can go online and send pre-written mail to government officials.written mail to government officials.

Cases (4)Cases (4)

Harris Interactive (Harris polls)Harris Interactive (Harris polls) Sued Mail Abuse Prevention System (MAPS) Sued Mail Abuse Prevention System (MAPS)

for putting them on their blacklistfor putting them on their blacklist Harris claimed people signed up to receive itHarris claimed people signed up to receive it

Suggested SolutionsSuggested Solutions

Increase cost of sending e-mailsIncrease cost of sending e-mails Anti-Spam lawsAnti-Spam laws

Spam must include valid email reply addressSpam must include valid email reply address False, misleading subject lines prohibitedFalse, misleading subject lines prohibited

Issues with anti-spam lawsIssues with anti-spam laws CAN-SPAM Act of 2003CAN-SPAM Act of 2003 Who determines what spam is? Who determines what spam is? What happens in other countries?What happens in other countries?

Part 5Part 5

Ensuring Valuable and Diverse Content

Ensuring Content DiversityEnsuring Content Diversity

Importance of ensuring valuable Importance of ensuring valuable content on webcontent on web

1990, if left to big companies, then web will 1990, if left to big companies, then web will be filled with advertisements and shopping be filled with advertisements and shopping mallsmalls

““Public spaces”Public spaces” Issues with tax-funded contentIssues with tax-funded content

Other Information MediaOther Information Media

Parallels between Internet and Parallels between Internet and printing pressprinting press

Worried about printing junk fiction, Worried about printing junk fiction, magazines filled with advertisements and no magazines filled with advertisements and no good educational booksgood educational books

Who controls the printing press?Who controls the printing press?

Who prevents diversity?Who prevents diversity?

MergersMergers AOL and Time WarnerAOL and Time Warner

Commercial InterestsCommercial Interests Large companiesLarge companies

TV networks vs. cableTV networks vs. cable Small radio stationsSmall radio stations

DiscussionDiscussion To what extent is violence on the Web and in To what extent is violence on the Web and in

computer games responsible for shootings in computer games responsible for shootings in school? What should be done about it, without school? What should be done about it, without violating the First Amendment?violating the First Amendment?

Should ISPs be required by law to keep records Should ISPs be required by law to keep records on the real identity of all users?on the real identity of all users?

Should spam be considered a form of trespass? Should spam be considered a form of trespass? Restaurants are open to the public but can Restaurants are open to the public but can exclude rowdy people. What rules or laws does exclude rowdy people. What rules or laws does that analogy suggest about sending spam to that analogy suggest about sending spam to subscribers of an ISP? Is the First Amendment subscribers of an ISP? Is the First Amendment more relevant in one case than in the other?more relevant in one case than in the other?