1. The Internet and Constitutional Rights Copyright © Texas Education Agency, 2013. All rights reserved.

2. Copyright © Texas Education Agency, 2013. All rights reserved. 2 Copyright and Terms of Service Copyright © Texas Education Agency. The materials found on this website are copyrighted © and trademarked ™ as the property of the Texas Education Agency and may not be reproduced without the express written permission of the Texas Education Agency, except under the following conditions: 1)Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from the Texas Education Agency; 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only without obtaining written permission of the Texas Education Agency; 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way; 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from the Texas Education Agency and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty fee.

3. Controlling the Internet Foundations of Cyber Law Foundations of Cyber Law – Law to govern the use of computers in e-commerce – Law to govern the Internet Birth of the Internet Birth of the Internet – U.S. Department of Defense (1960s) – 1980s - National Science Foundation (NSF) built its own network Copyright © Texas Education Agency, 2013. All rights reserved. 3

4. World Wide Web www. 1990 - Internet was opened up to new users through the creation of hypertext 1990 - Internet was opened up to new users through the creation of hypertext Tim Berners-Lee developed the World Wide Web (www) making the Internet available to anyone with the use of a computer Tim Berners-Lee developed the World Wide Web (www) making the Internet available to anyone with the use of a computer Copyright © Texas Education Agency, 2013. All rights reserved. 4

5. Evolving Legal Issues in Cyber Space Ongoing Issue of Jurisdiction Ongoing Issue of Jurisdiction International Jurisdiction International Jurisdiction Types of Issues Types of IssuesContractsPrivacyObscenityDefamation Security of data TrademarksCopyrightsCrimes Copyright © Texas Education Agency, 2013. All rights reserved. 5

6. Internet-Related Constitutional Issues Freedom of Speech (speech, press, religion, assembly, and petition) Freedom of Speech (speech, press, religion, assembly, and petition) – Roth v. United States Obscenity did not have the protection of the First Amendment Obscenity did not have the protection of the First Amendment Does the questionable material have any redeeming social importance? Does the questionable material have any redeeming social importance? Copyright © Texas Education Agency, 2013. All rights reserved. 6

7. Internet-Related Constitutional Issues Miller v. California Miller v. California – Questionable materials to be judged by the standards of the community affected Communication Decency Act Communication Decency Act – To control the knowing transmittal of obscene material through the Internet Child Online Protection Act Child Online Protection Act – Required commercial sites to use up-to-date methodology to restrict access to their sites containing material harmful to children Copyright © Texas Education Agency, 2013. All rights reserved. 7

8. The Right of Privacy Employee has no true expectation of privacy on a company’s e-mail system Employee has no true expectation of privacy on a company’s e-mail system Personal e-mails are not protected by the right of privacy Personal e-mails are not protected by the right of privacy Spamming - practice of sending unwanted bulk e-mailings to hundreds of thousands of potential customers via the Internet Spamming - practice of sending unwanted bulk e-mailings to hundreds of thousands of potential customers via the Internet Copyright © Texas Education Agency, 2013. All rights reserved. 8

9. Assignments 1. Internet Legal Issues Timeline: Ask students to design an Internet Legal Issues Timeline that covers the four acts/laws covered in Part II of the outline. The timeline should include dates, define the laws/acts, and give several examples for each law. 2. Internet PowerPoint: Split the class into teams with two members. Each team must design a PowerPoint presentation that explains the impact of the Internet in today’s business and personal world. The PowerPoint should give examples of good and bad impacts from using the Internet. The presentation should also give examples of laws and regulations that have resulted since the birth of the Internet. Independent Practice Assignments Copyright © Texas Education Agency, 2013. All rights reserved. 9