Freedom of Speech

acts/funddocs/billeng.htm Amendment I “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Part 1 Changing Communications Paradigms

Regulatory Paradigms Internet Internet Technology has advanced since the time when the Constitution was written Technology has advanced since the time when the Constitution was written 3 specific categories the First Amendment protects within the U.S. communication technologies: 3 specific categories the First Amendment protects within the U.S. communication technologies: Print media Print media Broadcast Broadcast Common Carriers Common Carriers

Regulations Telecommunications Act of 1996 Telecommunications 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 a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication…” “…uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication…”(

Part 2 Offensive Speech and Censorship in Cyberspace

What is out there? Pornography Pornography What about it is illegal? What about it is illegal? Controversial technological laws Controversial technological laws Attempts to protect children Attempts to protect children

First Attempts Federal Censorship Laws Federal Censorship Laws Federal agents monitoring people by any means necessary Federal agents monitoring people by any means necessary Cooperation from commercial services Cooperation from commercial services Software filtering Software filtering

Censorship Laws CDA CDA Child Online Protection Act (COPA) Child Online Protection Act (COPA) “…to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children;” ( “…to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children;” ( rejection; 2001 appeal; 2007 second rejection 2000 rejection; 2001 appeal; 2007 second rejection

Child Online Protection Commission Child Online Protection Commission COPA COPA Reports yet no proposals Reports yet no proposals Children’s Internet Protection Act (CIPA) Children’s Internet Protection Act (CIPA) “imposes certain types of requirements on any school or library that receives funding support for Internet access or internal connections from the “E-rate” program…” ( “imposes certain types of requirements on any school or library that receives funding support for Internet access or internal connections from the “E-rate” program…” ( Deleting Online Predators Act of 2006 Deleting Online Predators Act of 2006

Libaries & Schools: Filtering Filter’s Problems Filter’s Problems Controversial and Unconstitutional Controversial and Unconstitutional Perfection? Perfection? Weaknesses Weaknesses Problems in Libraries Problems in Libraries What are people accessing? What are people accessing? Some solutions to the problems Some solutions to the problems

Other Issues Bombs Away!!! Bombs Away!!! Federal law steps in… Federal law steps in… ( bin/cpquery/T?&report=sr141&dbname=106&)

Censorship…really!? Government finding new ways to regulate citizens on the web Government finding new ways to regulate citizens on the web What other nations are doing What other nations are doing

Part 3 Anonymity

Issues “Anonymity on the Internet Must be Protected” “Anonymity on the Internet Must be Protected” Hide criminal activities Hide criminal activities Distribution of child pornography Distribution of child pornography Posting and downloading copyrighted material without authorization Posting and downloading copyrighted material without authorization Hard to track terrorists and criminals Hard to track terrorists and criminals Discussion on socially sensitive topics Discussion on socially sensitive topics Open discussions Open discussions

Models Society (Journal), “Internet and Anonymity” Society (Journal), “Internet and Anonymity” Libertarian Model Libertarian Model Private Enterprise Model Private Enterprise Model Statist Model Statist Model

Libertarian Model Minimal to no govt. regulation Minimal to no govt. regulation Peer pressure prevents abusive posts Peer pressure prevents abusive posts Site Administrators can delete or remove accounts Site Administrators can delete or remove accounts

Private Enterprise Model E-commerce based E-commerce based Customer privacy and information can be compromised Customer privacy and information can be compromised

Statist Model Internet should be regulated by government Internet should be regulated by government Citizens are always subordinate to the government Citizens are always subordinate to the government

Anonymous Browsing Businesses Businesses Businesses cannot get demographic characteristics of frequent viewers Businesses cannot get demographic characteristics of frequent viewers Statists Statists Fear communication between criminals with each other and with victims Fear communication between criminals with each other and with victims Libertarians Libertarians Individuals have a choice whether they want to be anonymous or not Individuals have a choice whether they want to be anonymous or not

Laws against Anonymity Require ISPs to maintain records of true identity of users and records of online activity for a specified period of time Require ISPs to maintain records of true identity of users and records of online activity for a specified period of time We can send hardcopy mail without a return address; should there be more restrictions on anonymity on the Net than in other contexts? We can send hardcopy mail without a return address; should there be more restrictions on anonymity on the Net than in other contexts?

Part 4 Spam

Development Definition Definition Unsolicited mass ; mostly commercial Unsolicited mass ; mostly commercial Cost Cost Much cheaper than printed direct-mail advertising Much cheaper than printed direct-mail advertising First case of spamming First case of spamming Advertising messages sent by a law firm to over 6000 bulletin boards and newsgroups in 1994 Advertising messages sent by a law firm to over 6000 bulletin boards and newsgroups in 1994

Issues Content Content Advertisement, pornography, “get rich quick” schemes Advertisement, pornography, “get rich quick” schemes “Junk Mail” “Junk Mail” Cost users money Cost users money

Cases AOL vs. Cyber Promotions AOL vs. Cyber Promotions 1996, half the s received at AOL was spam – mostly from Cyber Promotions 1996, half the s received at AOL was spam – mostly from Cyber Promotions AOL filtered out their s. AOL filtered out their s. Cyber Promotions obtained injunction against AOL from its use of filters, claiming it’s First Amendment rights were violated Cyber Promotions obtained injunction against AOL from its use of filters, claiming it’s First Amendment rights were violated

Cases (2) Intel Employee Intel Employee Ken Hamidi sent mass mailings to over 30,000 Intel Employees. Ken Hamidi sent mass mailings to over 30,000 Intel Employees. He disguised return address to avoid filters He disguised return address to avoid filters Not commercial , but is it still spam? Not commercial , but is it still spam?

Cases (3) Human Rights and Political Organizations Human Rights and Political Organizations Amnesty International use thousands of volunteers to send mass mail to countries when a political prisoner was being tortured or executed. Amnesty International use thousands of volunteers to send mass mail to countries when a political prisoner was being tortured or executed. Now, volunteers can go online and send pre- written mail to government officials. Now, volunteers can go online and send pre- written mail to government officials.

Cases (4) Harris Interactive (Harris polls) Harris Interactive (Harris polls) Sued Mail Abuse Prevention System (MAPS) for putting them on their blacklist Sued Mail Abuse Prevention System (MAPS) for putting them on their blacklist Harris claimed people signed up to receive it Harris claimed people signed up to receive it

Suggested Solutions Increase cost of sending s Increase cost of sending s Anti-Spam laws Anti-Spam laws Spam must include valid reply address Spam must include valid reply address False, misleading subject lines prohibited False, misleading subject lines prohibited Issues with anti-spam laws Issues with anti-spam laws CAN-SPAM Act of 2003 CAN-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 5 Ensuring Valuable and Diverse Content

Ensuring Content Diversity Importance of ensuring valuable content on web Importance of ensuring valuable content on web 1990, if left to big companies, then web will be filled with advertisements and shopping malls 1990, if left to big companies, then web will be filled with advertisements and shopping malls “Public spaces” “Public spaces” Issues with tax-funded content Issues with tax-funded content

Other Information Media Parallels between Internet and printing press Parallels between Internet and printing press Worried about printing junk fiction, magazines filled with advertisements and no good educational books Worried about printing junk fiction, magazines filled with advertisements and no good educational books Who controls the printing press? Who controls the printing press?

Who prevents diversity? Mergers Mergers AOL and Time Warner AOL and Time Warner Commercial Interests Commercial Interests Large companies Large companies TV networks vs. cable TV networks vs. cable Small radio stations Small radio stations

Discussion To what extent is violence on the Web and in computer games responsible for shootings in school? What should be done about it, without violating the First Amendment? To what extent is violence on the Web and in computer games responsible for shootings in school? What should be done about it, without violating the First Amendment? Should ISPs be required by law to keep records on the real identity of all users? Should ISPs be required by law to keep records on the real identity of all users? Should spam be considered a form of trespass? Restaurants are open to the public but can exclude rowdy people. What rules or laws does that analogy suggest about sending spam to subscribers of an ISP? Is the First Amendment more relevant in one case than in the other? Should spam be considered a form of trespass? Restaurants are open to the public but can exclude rowdy people. What rules or laws does that analogy suggest about sending spam to subscribers of an ISP? Is the First Amendment more relevant in one case than in the other?