FREEDOM OF SPEECH ON THE INTERNET BY: RAYMOND, NIKHIL, JAY, MARIO, MADHU

FREEDOM OF SPEECH ON THE

INTERNETBY: RAYMOND , NIKHIL, JAY, MARIO,

MADHU

Video Jay Rockefeller - Prelude To Internet Kill Switch

http://www.youtube.com/watch?v=Xb0E66BSD9I&feature=results_main&playnext=1&list=PL35148052DC2198B4

What Companies Can Do

Global issues Censorship is a problem in many

countries Resistance – e.g. Google refused services

in China unless China stopped censoring searches

• Pope handout, page 7• http://articles.cnn.com/2010-01-13/tech/google.china.analysis_1_google-network-thousands-of-search-terms-search-

engine?_s=PM:TECH


Make it clear that every action taken on a given site is monitored – would cause people to be more cautious


Facebook is allowing hateful/racist comments The First Amendment protects these

statements While Facebook’s rules prohibit these

posts, they’re not enforced

• http://broadcast.oreilly.com/2009/09/report-facebook-a-haven-for-ha.html• http://www.guardian.co.uk/commentisfree/2009/jul/13/facebook-holocaust-denial-

groups


• If private companies don’t regulate freedom of speech, then the government would have to step in, and that has widespread opposition

• http://broadcast.oreilly.com/2009/09/report-facebook-a-haven-for-ha.html

What constitutes being “responsible” on the internet?

Some examples of being responsible:1. Not uploading

inappropriate content2. Not spreading viruses3. Not stealing other people’s

information and identity

Two forms of user responsibility:1. Personal responsibility2. Mandated responsibility

http://farm6.static.flickr.com/5140/5542230081_c0e07657b3.jpg

federal developments regarding cybersecurity

President Obama proposed a national cybersecurity education program

He also proposed increased penalties for computer criminals

Cybersecurity is key in federal government policy

http://www.pcworld.com/article/165773/obamas_cybersecurity_initiative_wins_praise.html; http://www.whitehouse.gov/the-press-office/2011/05/12/fact-sheet-cybersecurity-legislative-proposal ; http://www.politico.com/news/stories/0911/62861.html; http://executiveeducation.wharton.upenn.edu/wharton-aerospace-defense-report/images/cyber300_2.jpg

Personal developments regarding security

Users have to be more aware of the websites they are visiting: Do business with credible

companies Avoid submitting credit card

information online Avoid using debit cards for

online purchases Limit exposure of private

informationhttp://www.us-cert.gov/cas/tips/ST04-013.html; http://www.fantasticplaces.net/products/designs/Personal_Responsibility.jpg

Religious developments regarding cybersecurity

[The Church seeks] “honest and respectful dialogue with those responsible for … communications”

Fundamental fact of the Church about Internet responsibility: “Young people in particular need to be taught … ‘to be good Christians’ … So, young people will be true citizens of that age of social communications which has already begun”http://www.vatican.va/roman_curia/pontifical_councils/pccs/documents/rc_pc_pcc

s_doc_20020228_church-internet_en.html#_ftn11; http://slangcath.files.wordpress.com/2008/12/the-digital-revolution-and-the-church.jpg

Worldwide Censorship

Blue=no censorship

Yellow=some censorship

Red= countries under surveillance from reporters without borders.

Black-most heavily censored nations.

(legend wording found on Wikipedia)Reporters without borders http://en.wikipedia.org/wiki/File:Internet_blackholes.svg )

Worldwide Censorship

www.ifap.ru/library/book495.pdf )

US Statistics

Percentage of cyberbullying victims among high school students in the US: 5.7%-18.3%.

Percent of cyberbullies: 9.1%-23.1%

http://www.cyberbullying.us/cyberbullying_and_suicide_research_fact_sheet.pdf

Chinese Statistics

Percentage of cyberbullying victims among high school students in China: 17.8%.

Percent of cyberbullies: 32.1%

http://www.macaudailytimes.com.mo/macau/28850-Cyberbullying-worrying-trend-new-playground-for-teenagers.html

Conclusions

Both these studies were conducted over approximately 2000 teenage students.

The conclusion drawn is that government censorship may not be the solution.

http://cyber.law.harvard.edu/ilaw/Speech/

Exceptions to the First Amendment

Speech that is likely to lead to imminent lawless action may be prohibited.



"Fighting words" -- i.e., words so insulting that people are likely to fight

back -- may be prohibited.



Obscenity -- i.e., erotic expression, grossly or patently offensive to an average person -- may

be prohibited.



Child pornography may be banned whether or not it is legally obscene and whether or not it has serious artistic or social value.


Exceptions to the First AmendmentDefamatory statements may be prohibited.

http:

//cy

ber.l

aw.h

arva

rd.e

du/i

law

/Spe

ech/


Commercial Speech may be banned only if it is misleading, pertains to illegal products


Threats

When does speech become a threat? When does a communication

over the Internet inflict -- or threaten to inflict --

sufficient damage to be considered illegal?


“Jake Baker” Case

Abraham Jacob Alkhabaz fabricated a story of how he tortured, abused, and killed a

young woman, who was given the name a classmate.



Jake corresponded with another person over the internet to fabricate plans for kidnapping

and torturing another of his classmates



DECISION?

ILLEGAL

Anybody implying any threat to kidnap or to injure a person, shall be fined or imprisoned not

more than five years


The American Coalition of Life Activists (ACLA), an anti-abortion group, created a poster

featuring a group of doctors dubbed “the Dirty Dozen” who performed abortions.

“Nuremberg Files” Case


An expanded list of abortion providers, now dubbed the "Nuremberg files," was posted on the Internet with the home addresses of the doctors





The doctors named and described on the list feared for their lives. They believed that the ACLA was implicitly encouraging their being targeted.




DECISION?

LEGAL

Although there were violent tinges to the ACLA’s methods, it was ruled that there was no explicit

threat to kidnap or injure.


Intellectual Property

Intellectual property MAY NOT be republished via the internet without the

consent of the original author.


Implications of anonymity

http://www.social-europe.eu/2011/03/on-internet-slander-and-irresponsibility/

“Suppose I receive an anonymous note asserting that I have been betrayed by a

friend. I will not know what to make of it – is it a joke, a slander, a warning, a test? “

Documents

FREEDOM OF SPEECH ON THE INTERNET BY: RAYMOND, NIKHIL, JAY, MARIO, MADHU