1. CS 4001Mary Jean Harrold1 Class 24 ŸFreedom of speech in cyberspace ŸAssign ŸAssignment 8—due today ŸTerm paper—due 11/20

2. CS 4001Mary Jean Harrold2 Freedom of Speech in Cyberspace (cont’d)

3. CS 4001Mary Jean Harrold3 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?

4. CS 4001Mary Jean Harrold4 Offensive Speech and Censorship in Cyberspace ŸCensorship Laws (cont’d) ŸChildren’s Internet Protection Act (CIPA) Ÿ

5. CS 4001Mary Jean Harrold5 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?

6. CS 4001Mary Jean Harrold6 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?

7. CS 4001Mary Jean Harrold7 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?

8. CS 4001Mary Jean Harrold8 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?

9. CS 4001Mary Jean Harrold9 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?

10. CS 4001Mary Jean Harrold10 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?

11. CS 4001Mary Jean Harrold11 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?

12. CS 4001Mary Jean Harrold12 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?

13. CS 4001Mary Jean Harrold13 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?)

14. CS 4001Mary Jean Harrold14 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?

15. CS 4001Mary Jean Harrold15 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?

16. CS 4001Mary Jean Harrold16 Class Exercise