1. CS 4001Mary Jean Harrold1 Class 23 ŸFreedom of speech in cyberspace ŸAssign ŸAssignment 8—due 11/13 ŸTerm paper—due 11/20

2. CS 4001Mary Jean Harrold2 Exam Questions 1 1. Completion, fill-in, etc.(5 each) a)Educates non-professionals as to responsibilities of profession; actions of professional reflects on entire profession, not just individuals; professionals usually have more power and command more trust; usually codified in a domain-specific code of ethics b)Enthymeme is an incomplete logical structure consisting of a claim and a reason for that claim, in which an unstated assumption is necessary to make the structure true.

3. CS 4001Mary Jean Harrold3 Exam Questions 1 1. Completion, fill-in, etc.(5 each) c)Patents protect an invention or process, copyrights protect the specific representation of an idea; patents must be registered, copyrights are automatic; patents last a relatively short time, copyrights last a long time d)Sufficiency Typicality Accuracy Relevance

4. CS 4001Mary Jean Harrold4 Exam Questions 2 2. Short answer (10 each) a)Socrates was truth-seeking; believed in universal truth and used argument as a tool to approach that truth. Sophists were persuasive; believed that any position was equally valid and there was no real universal truth, so the ideas with the most persuasive proponents should win. b)Non-consequence based; rules derived from Categorical Imperative (act as if your actions will become universal law); Proponent: Kant c)Display data so that it makes causality apparent, performs quantitative comparisons, and examines contradictory or alternative evidence; examples of how Snow did this helped with discussion

5. CS 4001Mary Jean Harrold5 Exam Questions 2 2. Short answer (10 each) d)Claim, reason, grounds, warrant, backing. e)Students maintain their rights unless (1) the student uses significant resources or the work was done on a funded project. f)Communication systems must be designed with back-door access for law enforcement to monitor the communications in real time; before law was passed, law enforcement had to approach each system like a black box and find a way to access it (newer technologies were making this more difficult). Privacy advocates objected—gives government too much power to monitor communications and wiretap at will, and because it forces designers to make their systems vulnerable to exploitation and to malicious hackers (objection both as too much power by government and potential privacy violations by others).

6. CS 4001Mary Jean Harrold6 Freedom of Speech in Cyberspace

7. CS 4001Mary Jean Harrold7 Changing Communications Paradigms ŸRegulatory Paradigms ŸCommunication technologies differ with respect to their degree of First Amendment protection and government regulation. ŸPrint Media: ŸStrongest First Amendment protection. ŸBroadcast Media: ŸLess First Amendment protection than print media. ŸCommon Carrier: ŸContent not controlled and the carrier is not responsible for content.

8. CS 4001Mary Jean Harrold8 Changing Communications Paradigms ŸRegulatory Paradigms (cont’d) ŸInternet, bulletin board systems, commercial online services, and the WWW: ŸNot exactly print media. ŸNot exactly broadcast media. ŸNot 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?

9. CS 4001Mary Jean Harrold9 Changing Communications Paradigms ŸThe First Amendment ŸProtects Citizens From Government ŸProhibits restriction of speech, press, peaceful assembly, and religion. ŸSubsequent Interpretations Address: ŸOffensive and/or controversial speech and ideas, ŸSpoken and written words, ŸPictures, art, and other forms of expression and opinion, and ŸCommercial speech (e.g. advertising). Q : Should all speech be constitutionally protected?

10. CS 4001Mary Jean Harrold10 Offensive Speech and Censorship in Cyberspace ŸSpeech Might Include:

11. CS 4001Mary Jean Harrold11 Offensive Speech and Censorship in Cyberspace ŸSpeech Might Include: ŸPolitical or religious speech. ŸPornography. ŸSexual or racial slurs. ŸNazi materials. ŸLibelous statements. ŸAbortion information. ŸAlcohol ads. Q : Identify other forms of speech found in cyberspace that some consider offensive.

12. CS 4001Mary Jean Harrold12 Offensive Speech and Censorship in Cyberspace ŸMiller v. California (1973)

13. CS 4001Mary Jean Harrold13 Offensive Speech and Censorship in Cyberspace ŸMiller v. California (1973) ŸMaterial 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?

14. CS 4001Mary Jean Harrold14 Offensive Speech and Censorship in Cyberspace ŸMaterial Inappropriate for Children ŸTechnology Changes the Context ŸOn the Web, children have access to the same ‘adult’ text, images, videos, etc. as adults. ŸOnline proprietors don’t know the customer is not an adult. ŸProtecting Children Regardless of the medium: It is illegal to create, possess or distribute child pornography. It is illegal to lure children into sexual activity. Q : How should children be protected from access in cyberspace to adult material?

15. CS 4001Mary Jean Harrold15 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws ŸCommunications Decency Act (CDA, 1996)

16. CS 4001Mary Jean Harrold16 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws ŸCommunications Decency Act (CDA, 1996) ŸPublicity and public pressure lead Congress to pass this act. ŸAnyone 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. ŸIn 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?

17. CS 4001Mary Jean Harrold17 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws (cont’d) ŸChild Online Protection Act (COPA, 1998) Ÿ

18. CS 4001Mary Jean Harrold18 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws (cont’d) ŸChild Online Protection Act (COPA, 1998) ŸCommercial 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. ŸIn 2000 and 2003, COPA was ruled unconstitutional by a federal court. Q : How are children protected from “harmful” material outside of Cyberspace?

19. CS 4001Mary Jean Harrold19 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws (cont’d) ŸChildren’s Internet Protection Act (CIPA) Ÿ

20. CS 4001Mary Jean Harrold20 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws (cont’d) ŸChildren’s Internet Protection Act (CIPA) ŸAny school or library receiving federal Internet funds must install filtering software on all Internet terminals. ŸFilters must block sites containing child pornography, obscene material, and any material deemed “harmful to minors.” ŸA 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?

21. CS 4001Mary Jean Harrold21 Offensive Speech and Censorship in Cyberspace ŸLimiting Internet Access in Libraries and Schools ŸFiltering Software ŸBenefit: 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. ŸProblems: 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. Q : What has been your experience with filtering software?

22. CS 4001Mary Jean Harrold22 Offensive Speech and Censorship in Cyberspace ŸChallenging Old Regulatory Paradigms and Special Interests ŸLicense required: ŸTo practice law. ŸTo publish traditional newsletters about commodities and futures investing (prior to 2000). ŸNo license required: ŸTo create downloadable, self-help legal software. ŸTo 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?

23. CS 4001Mary Jean Harrold23 Offensive Speech and Censorship in Cyberspace ŸCensorship On the Global Net ŸGlobal Impact ŸAvoiding 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. ŸCreating censorship: the global nature of the Net makes it easier for one nation to impose restrictive standards on others. Q : Why are online gambling sites established offshore?

24. CS 4001Mary Jean Harrold24 Anonymity ŸCommon Sense and the Internet ŸEarly publications by some of our Founding Fathers were published under pseudonyms. ŸToday, there are publications on the Net that are posted anonymously. Q : What are the drawbacks of anonymous Web postings?

25. CS 4001Mary Jean Harrold25 Anonymity ŸIs Anonymity Protected? ŸConflicts between political freedom of speech and campaign regulations: ŸAnonymity protects against retaliation and embarrassment. ŸAnonymity violates rules established by the Federal Elections Commission (FEC) Q : Should anonymous political speech on the Web be regulated?

26. CS 4001Mary Jean Harrold26 Anonymity ŸAnonymity vs. Community ŸSupporters of anonymity: ŸSay it is necessary to protect privacy and free speech. ŸOpponents of anonymity: ŸBelieve 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?

27. CS 4001Mary Jean Harrold27 Spam ŸWhat Is the Problem? ŸUnsolicited, mass e-mail: Ÿis cheap to senders but may impose costs on the recipient’s time and/or the recipient’s online account. Ÿmay contain objectionable content (political, commercial ads, solicitations for funds, pornography, etc.). Ÿmay contain a disguised return address. Ÿmay pass through filters. Ÿinvades privacy. Ÿcreates a financial and managerial burden on ISPs. Q : How do you handle spam?

28. CS 4001Mary Jean Harrold28 Spam ŸCases and Free Speech Issues ŸAOL v. Cyber Promotions ŸAOL and other service providers have successfully sued spammers because of the cost burden imposed. ŸDisgruntled Intel Employee ŸInitially, a court ruled that non-commercial spam to Intel employees at their Intel e-mail accounts was a form of trespass. ŸThe CA Supreme Court ruled that it was not. Q : Is the forwarding of pre-written observations or opinions from human- rights groups spam or expressions of free speech? (Or both?)

29. CS 4001Mary Jean Harrold29 Spam ŸSolutions ŸTechnology: filters that screen out spam. ŸMarket Pressure: services that list spammers. ŸBusiness Policy: at the discretion of the recipient, all e- mail would be charged a microfee. ŸLaw: create restrictions that are consistent with the First Amendment. ŸVigilantism: punish spammers by hacking into their phone or computer systems. Q : Which solution above, or others, do you support?

30. CS 4001Mary Jean Harrold30 Ensuring Valuable and Diverse Content ŸPoints to Consider: ŸIs there a balance between commercial and educational information on the Web? ŸShould diverse content on the Web be subsidized with taxes? ŸShould valuable content on the Web be regulated? ŸDo we need to ensure the existence of sites containing civic information? ŸAre more sites that promote the arts and culture needed? Q : How do we ensure valuable and diverse content in traditional forms of media?