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New Media Policy Issues
Prof. Leslie Regan Shade
University of Ottawa
Dept. of Communication
Talk Outline
Privacy Copyright & intellectual property Content Regulation & governance
What is Privacy
“...an individuals right to be left alone” (Warren and Brandeis)
Legal Concept: unreasonable intrusion into another's seclusion while gathering information (trespass)
What is Privacy
Appropriation of another's name or likeness for commercial purposes (theft)
Being placed in false light (libel, slander, injury to reputation)
Public disclosure of embarrasssing facts
Information Privacy
Establishment of rules governing the collection & handling of personal data
Credit information
Medical records
Grades
Bodily Privacy
Invasive procedures Drug testing Cavity searches
Privacy of Communication
Security and privacy of mail Telephones E-mail Chat ICQ Web conferencing…
Privacy = Human Right
Recognized in the UN Declaration of Human Rights
International Convenant on Civil and Political Rights
Other international and regional treaties
Right to Privacy
Most countries recognize a right of privacy in their Constitution
Not in the U.S., Ireland, India E.U. has Europe-wide directive
providing citizens with wide range of protections over data abuses
Why Now?
Globalization Encouraging e-commerce Remedying past injustices ICTs threaten privacy in more ways –
through interoperability & convergence
New Technologies of Privacy Invasion ID cards – to control race, gender,
nationalism Biometrics - control of physical attributeso Retina scans o Hand geometryo Thumb scans, finger prints, voice recognitiono Digitized photographso DNA
Communication Surveillance Wiretapping – telephone, fax Internet interceptiono Law enforcemento Intelligence agencies
Internet & Privacy
E-mail interception – ethics of Anonymous remailers Encryption (scrambling messages) Recording web activity
Cookies
Allows a web site to record where you’re coming and going
Logs address, time, date, other info as you log onto a website
Usually done without your knowledge or consent
Toss Your Cookies!
Case of Doubleclick Do you read the privacy policies when
e-shopping? Ex: Amazon’s cookie collection
Cookie cutter tools: cookie cutter, cookie jar, cookie crusher, cookie Cruncher, MagicCookie monster
Canada’s Bill C-6
Personal information protection & electronic documents act
Requires organizations to obtain an individual’s consent before his/her personal info can be collected, used, or disclosed
Bill C-6
Created to stimulate e-commerce Mantra of global competitiveness Market language employed Privacy for consumer protection NOT Citizen rights!!
Marketing to Kid$
Kids a huge lucrative market Privacy needed! Public interest pressure COPPA – children’s online
Privacy protection act (COPPA)
Kid Strategies
Contests Quizzes Interactive games & prizes Virtual ‘clubhouses’ Edutainment Freebies
COPPA
Copyright & Intellectual Property Internet promotes open approach to
information Easy to cut & paste, download, borrow
source code, forward Digital plasticity
Copyright & IP Challenges
Concept of fair use - copying for personal or educational use
Economic compensation for creator Protecting moral rights of work & creator Tensions between public interest and
private rights Increase in student plagiarism!
Grey Areas of Fair Use
Downloading internet images Scanning in images Posting newsarticles online Forwarding e-mail without permission Deep linking: Microsoft vs. Ticketmaster
Cybersquatting
Appropriation of trademarked domain names
MTV.Com Who owns Celine Dion??
The Case of…
File sharing of music over the net Court ordered pre-trial injunction forces
Napster to block sharing of files Vivendi Universal, AOL Time Warner,
BMG, EMI, Sony
Content on the Internet
Illegal content (child pornography, some pornography, hate)
Offensive content (in the eye of the beholder?)
Content that defames
Content Raises Ethical Issues Child pornography Sexual tourism Exposure of children Hate Whitehouse.Com vs.Whitehouse.Gov Jurisdictional quandaries Code…
“Nuremberg Files”
Website created by anti-abortion group in U.S.
Used “Wanted” style posters to list names/addresses/license plate #’s of physicians who performed abortions
Interactive feature: when physician was killed, name struck out by red line
“Nuremberg”…
1999: federal district court said site was NOT protected speech
Jury said site was intended to incite violence & murder
Later, “Nuremberg” moved to www.ru486registry.com/atrocity/aborts.hml
Neil Horsley Claims Censorship???“Our goal is to record the name of every person working in the
baby slaughter business across the United States of America so, as in the Nuremberg Trials in Nazi Germany, we can punish these people for slaughtering God's children. Email us with your evidence.”
Zundel Case
www.zundelsite.org Hate speech > Canadian Charter of
Rights and Freedoms Ernst Zundel, Canadian Moves site to California Whose jurisdiction? Canadian Human Rights Commission
Hate Online – Extreme Speech Large numbers of hate groups online Anti-semitic, white supremacist, anti-
white, anti-gay… Target young kids www.hatemonitor.org
Addressing Illegal Content
Codes of Conduct (CAIP: “No ISP will knowingly host illegal content”)
User Policies & Agreements (AUPs, Terms of Service)
Blocking/removal of content Consumer Education & Awareness
(www.media-awareness.ca)
Addressing Illegal Content
Law Enforcement Industry law-enforcement cooperation &
compliance Info & training sessions for law
enforcement agencies Reporting of illegal content by ISP International coordination of law
enforcement
Addressing Offensive Content Consumer education & awareness “User empowerment” technologies
(filtering software) Industry-led content rating systems “Family Friendly” Internet services Codes of Conduct User Policies & Agreements
Addressing Offensive Content Good business practices International cooperation & info sharing
(OECD Content Self-Regulation, Bertlessmann’s Content Summit)
Possible Approaches to Address Illegal Content New legal/regulatory obligations for
ISPs Hotline reporting regime Self-regulation Increase in resources for law-
enforcement agencies
Possible Approaches to Address Offensive Content Strengthened education & awareness New legal/regulatory obligations for
ISPs Mandated use of rating & labelling
systems “Family Friendly” Internet services
Possible Approaches to Address Offensive Content Mandatory industry-wide codes of
conduct for ISPs Hotline reporting Alternative dispute mechanisms
CRTC New Media Decision 1998/99 New Media Hearings Is new media broadcasting? (no,
consists of alphanumeric text outside of mandate of Broadcasting Act)
Should there be regulations to encourage Canadian content?
CRTC New Media…
Should offensive and illegal content be regulated?
Industry can self-regulate Use of content filtering software Education & Awareness Programs Use existing Canadian laws
New “Cyberwise” Strategy
Illegal and Offensive Content on the Internet: The Canadian Strategy to Promote Safe, Wise, and Responsible Internet Use. 2001. http://connect.gc.ca/cyberwise/
What’s Not Dealt With….
Universal access Will “competitive marketplace” foster or
hinder the public interest? Digital Divide
