1. Ethics in Information Technology, Second Edition
Chapter 5
Freedom of Expression

2. Objectives
What is the legal basis for the protection of freedom of speech in the United States, and what types of speech are not protected under the law?
In what ways does the Internet present new challenges in the area of freedom of expression?
What key free-speech issues relate to the use of information technology?
Ethics in Information Technology, Second Edition

3. Free Speech and Limits
“I disapprove of what you say, but I will defend to death your right to say it!” – biographer of Francois Voltaire
"The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic." -- Justice Oliver Wendell Holmes, Jr., in 1919, United States Supreme Court
Ethics in Information Technology, Second Edition

4. Freedom of expression & First Amendment Rights
Right to freedom of expression
Important right for free people everywhere
Guaranteed by the First Amendment in USA
Definition of free speech includes
Nonverbal, visual, and symbolic forms of expression
Right to speak anonymously
Ethics in Information Technology, Second Edition

5. First Amendment Rights (continued)
Not protected by the First Amendment
Obscene speech
Defamation
Incitement of panic
Incitement to crime
“Fighting words”
Sedition
Ethics in Information Technology, Second Edition

6. Obscene Speech Speech is considered obscene when
Average person finds the work appeals to the prurient interest
Work depicts or describes sexual conduct in an offensive way
Lacks serious literary, artistic, political, or scientific value
Ethics in Information Technology, Second Edition

7. Defamation Publication of a statement of alleged fact that is Slander
False
Harms another person
Harm is often of a financial nature
Slander
Oral defamatory statement
Libel
Written defamatory statement
Ethics in Information Technology, Second Edition

8. Offensive Speech and Censorship in Cyberspace
What is offensive speech?
Political or religious speech.
Pornography.
Racial slurs.
Nazi materials.
Abortion information.
Depictions of violence
How to make Bombs
Alcohol ads.
Ethics in Information Technology, Second Edition

9. Freedom of Expression: Key Issues
Controlling access to information on the Internet
Anonymity
Defamation
Hate speech
Pornography
Ethics in Information Technology, Second Edition

10. Controlling Access to Information on the Internet
Material Inappropriate for Children
Technology Changes the Context
On the Web, children have access to the same ‘adult’ text, images, videos, etc. as adults.
Online proprietors don’t know the customer is not an adult.
Protecting Children
It is illegal to create, possess or distribute child pornography, regardless of the medium.
Ethics in Information Technology, Second Edition

11. Controlling Access to Information on the Internet
Material Inappropriate for Children
There is no doubt that there is material on the Web that most people would consider inappropriate for children.
There is much on the Web that is extremely offensive to adults.
It is not surprising that some people see the Internet as a scary place for children.
Ethics in Information Technology, Second Edition

12. Controlling Access to Information on the Internet
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.
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.
Ethics in Information Technology, Second Edition

13. Controlling Access to Information on the Internet
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.
Ethics in Information Technology, Second Edition

14. Controlling Access to Information on the Internet
Censorship Laws (cont’d)
Children’s Internet Protection Act (CIPA, 2000)
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.
Ethics in Information Technology, Second Edition

15. Controlling Access to Information on the Internet
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.
Ethics in Information Technology, Second Edition

16. Controlling Access to Information on the Internet
Filtering Software
URL filtering
Blocks URLs or domain names
Keyword filtering
Blocks key words or phrases
Dynamic content filtering
Web site’s content is evaluated immediately before being displayed
Uses
Object analysis
Image recognition
Ethics in Information Technology, Second Edition

17. Controlling Access to Information on the Internet (continued)
Popular Internet filters
ContentProtect
CYBERsitter
NetNanny
CyberPatrol
HateFilter
Ethics in Information Technology, Second Edition

18. Controlling Access to Information on the Internet (continued)
ICRA rating system
Questionnaire for Web authors
Generates a content label
Uses Platform for Internet Content Selection (PICS) standard
Users can configure browsers to read the label to block content
Relies on Web authors to rate their site
Complement to other filtering techniques
Ethics in Information Technology, Second Edition

19. Controlling Access to Information on the Internet (continued)
ISP blocking
Blocking is performed on the ISP server
ClearSail/Family.NET prevents access to certain Web sites
Ethics in Information Technology, Second Edition

20. Legal Overview: Children’s Internet Protection Act (CIPA)
Federally financed schools and libraries must block computer access to
Obscene material
Pornography
Anything considered harmful to minors
Schools and libraries subject to CIPA do not receive Internet access discounts unless they certify that Internet safety measures are in place
Required to adopt a policy to monitor the online activities of minors
Ethics in Information Technology, Second Edition

21. Legal Overview: Children’s Internet Protection Act (CIPA) (continued)
CIPA does not require the tracking of Internet use by minors or adults
Acceptable use policy agreement is an essential element of a successful program in schools
Signed by
Students
Parents
Employees
Difficulty implementing CIPA in libraries because their services are open to people of all ages
Including adults with First Amendment rights
Ethics in Information Technology, Second Edition

22. Anonymity Principle of anonymous expression
People can state opinions without revealing their identity
In the wrong hands, it can be a tool to commit illegal or unethical activities
Ethics in Information Technology, Second Edition

23. Anonymity
Common Sense and the Internet
Early publications by some of our Founding Fathers were published under pseudonyms.
Jonathon Swift published his humorous and biting political satire Gulliver’s Travels anonymously.
In the nineteenth century, when it was not considered proper for women to write books, women writers such as Mary Ann Evans published under male pseudonym.
Today, there are publications on the Net that are posted anonymously.
Ethics in Information Technology, Second Edition

24. Anonymity Common Sense and the Internet
Whistleblowers may choose to release information via anonymous postings.
To send anonymous , one sends the message to a r er service, where the return address is stripped off and the message is resent to the intended recipient.
Several businesses, like Anonymizer.com and Zero-Knowledge Systems, provide a variety of sophisticated tools and services that enable us to send and surf the Web anonymously.
Ethics in Information Technology, Second Edition

25. Defamation and Hate Speech
Actions that can be prosecuted include
Sending threatening private messages over the Internet to a person
Displaying public messages on a Web site describing intent to commit acts of hate-motivated violence
Libel directed at a particular person
Ethics in Information Technology, Second Edition

26. Defamation and Hate Speech (continued)
Some ISPs voluntarily agree to prohibit subscribers from sending hate messages
Does not violate subscribers’ First Amendment rights
ISPs must monitor the use of their service
Take action when terms are violated
Ethics in Information Technology, Second Edition

27. Pornography The Internet has been a boon to the pornography industry
More than 60,000 Web sex sites are accessible
The sites generate at least $1 billion a year in revenue
CAN-SPAM Act
Deterrent in fighting the dissemination of pornography
Ethics in Information Technology, Second Edition

28. Pornography (continued)
Reasonable steps to stop access in the workplace
Establishing a computer usage policy
Prohibiting access to pornography sites
Identifying those who violate the policy
Taking action against those users
Numerous federal laws address child pornography
Federal offense
Ethics in Information Technology, Second Edition

29. Manager’s Checklist for Handling Freedom of Expression in the Workplace
Ethics in Information Technology, Second Edition

30. Summary First Amendment protects the right to Key issues:
Freedom of religion
Freedom of expression
Key issues:
Controlling access to Internet information
Anonymous communication
Spread of defamation and hate speech
Access to pornography
Ethics in Information Technology, Second Edition