FREEDOM OF SPEECH ON THE INTERNET

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					   FREEDOM OF SPEECH
      ON THE INTERNET
BY: RAYMOND , NIKHIL, JAY, MARIO, MADHU
Video Jay Rockefeller - Prelude To Internet Kill
Switch

 http://www.youtube.com/watch?v=Xb0E66BSD9I&feature=r
  esults_main&playnext=1&list=PL35148052DC2198B4
    What Companies Can Do

     Global issues
          Censorship is a problem in many countries
          Resistance – e.g. Google refused services in China
              unless China stopped censoring searches




• Pope handout, page 7
• http://articles.cnn.com/2010-01-13/tech/google.china.analysis_1_google-network-thousands-of-search-terms-search-
  engine?_s=PM:TECH
What Companies Can Do

 Make it clear that every action taken on a given site is
  monitored – would cause people to be more cautious
What Companies Can Do

 Facebook is allowing hateful/racist comments
   The First Amendment protects these statements
   While Facebook’s rules prohibit these posts, they’re
     not enforced




     • http://broadcast.oreilly.com/2009/09/report-facebook-a-haven-for-ha.html
     • http://www.guardian.co.uk/commentisfree/2009/jul/13/facebook-holocaust-denial-
       groups
What Companies Can Do

• If private companies don’t regulate freedom of
  speech, then the government would have to step in,
  and that has widespread opposition




     • http://broadcast.oreilly.com/2009/09/report-facebook-a-haven-for-ha.html
  What constitutes being “responsible” on
               the internet?
 Some examples of being
  responsible:
   1. Not uploading inappropriate
      content
   2. Not spreading viruses
   3. Not stealing other people’s
      information and identity

 Two forms of user responsibility:
    1. Personal responsibility
    2. Mandated responsibility
 http://farm6.static.flickr.com/5140/5542230081_c0e07657b3.jpg
             federal developments regarding
                      cybersecurity
                           President Obama proposed a national
                               cybersecurity education program

                           He also proposed increased penalties for
                               computer criminals

                           Cybersecurity is key in federal
                               government policy




http://www.pcworld.com/article/165773/obamas_cybersecurity_initiative_wins_praise.html;
http://www.whitehouse.gov/the-press-office/2011/05/12/fact-sheet-cybersecurity-legislative-proposal;
http://www.politico.com/news/stories/0911/62861.html;
http://executiveeducation.wharton.upenn.edu/wharton-aerospace-defense-report/images/cyber300_2.jpg
        Personal developments regarding
                    security
 Users have to be more aware of the
  websites they are visiting:
   Do business with credible
    companies
   Avoid submitting credit card
    information online
   Avoid using debit cards for online
    purchases
   Limit exposure of private
    information
 http://www.us-cert.gov/cas/tips/ST04-013.html;
 http://www.fantasticplaces.net/products/designs/Personal_Responsibility.jpg
       Religious developments regarding
                  cybersecurity
                          [The Church seeks] “honest and
                             respectful dialogue with those
                             responsible for … communications”
                          Fundamental fact of the Church
                             about Internet responsibility:
                             “Young people in particular need to
                             be taught … ‘to be good Christians’
                             … So, young people will be true
                             citizens of that age of social
                             communications which has already
                             begun”
http://www.vatican.va/roman_curia/pontifical_councils/pccs/documents/rc_pc_pcc
s_doc_20020228_church-internet_en.html#_ftn11;
http://slangcath.files.wordpress.com/2008/12/the-digital-revolution-and-the-
church.jpg
    Worldwide Censorship




 Blue=no censorship

 Yellow=some censorship

 Red= countries under surveillance from reporters
     without borders.
 Black-most heavily censored nations.
(legend wording found on Wikipedia)
Reporters without borders http://en.wikipedia.org/wiki/File:Internet_blackholes.svg )
   Worldwide Censorship




www.ifap.ru/library/book495.pdf )
 US Statistics
  Percentage of cyberbullying victims among high
     school students in the US: 5.7%-18.3%.
  Percent of cyberbullies: 9.1%-23.1%




http://www.cyberbullying.us/cyberbullying_and_suicide_research_fact_sheet.pdf
    Chinese Statistics

  Percentage of cyberbullying victims among high
     school students in China: 17.8%.
  Percent of cyberbullies: 32.1%




http://www.macaudailytimes.com.mo/macau/28850-Cyberbullying-worrying-trend-new-p
     Conclusions

 Both these studies were conducted over approximately
   2000 teenage students.

 The conclusion drawn is that government censorship may
   not be the solution.




http://cyber.law.harvard.edu/ilaw/Speech/
     Exceptions to the First Amendment

         Speech that is likely to lead to imminent
            lawless action may be prohibited.




http://cyber.law.harvard.edu/ilaw/Speech/
        Exceptions to the First Amendment

             "Fighting words" -- i.e., words so
          insulting that people are likely to fight
                 back -- may be prohibited.




http://cyber.law.harvard.edu/ilaw/Speech/
        Exceptions to the First Amendment



       Obscenity -- i.e., erotic expression, grossly or
      patently offensive to an average person -- may
                       be prohibited.




http://cyber.law.harvard.edu/ilaw/Speech/
        Exceptions to the First Amendment


         Child pornography may be banned whether
          or not it is legally obscene and whether or
           not it has serious artistic or social value.




http://cyber.law.harvard.edu/ilaw/Speech/
                                            Exceptions to the First Amendment
                                             Defamatory statements may be prohibited.
http://cyber.law.harvard.edu/ilaw/Speech/
    Exceptions to the First Amendment


        Commercial Speech may be banned only if it
         is misleading, pertains to illegal products




http://cyber.law.harvard.edu/ilaw/Speech/
    Threats

                                               When does speech
                                            become a threat? When
                                             does a communication
                                            over the Internet inflict --
                                              or threaten to inflict --
                                             sufficient damage to be
                                                considered illegal?


http://cyber.law.harvard.edu/ilaw/Speech/
    “Jake Baker” Case



         Abraham Jacob Alkhabaz fabricated a story
          of how he tortured, abused, and killed a
         young woman, who was given the name a
                        classmate.




http://cyber.law.harvard.edu/ilaw/Speech/
    “Jake Baker” Case



        Jake corresponded with another person over
        the internet to fabricate plans for kidnapping
           and torturing another of his classmates




http://cyber.law.harvard.edu/ilaw/Speech/
        “Jake Baker” Case

                                       DECISION?

                                        ILLEGAL




       Anybody implying any threat to kidnap or to
     injure a person, shall be fined or imprisoned not
                   more than five years

http://cyber.law.harvard.edu/ilaw/Speech/
        “Nuremberg Files” Case



     The American Coalition of Life Activists (ACLA),
        an anti-abortion group, created a poster
     featuring a group of doctors dubbed “the Dirty
           Dozen” who performed abortions.




http://cyber.law.harvard.edu/ilaw/Speech/
        “Nuremberg Files” Case



      An expanded list of abortion providers, now
   dubbed the "Nuremberg files," was posted on the
   Internet with the home addresses of the doctors




http://cyber.law.harvard.edu/ilaw/Speech/
        “Nuremberg Files” Case



                 The list was color-coded as follows:

   1) People who had been murdered were crossed out

 2) People who had been wounded were printed in grey



http://cyber.law.harvard.edu/ilaw/Speech/
        “Nuremberg Files” Case



        The doctors named and described on the list
     feared for their lives. They believed that the ACLA
      was implicitly encouraging their being targeted.




http://cyber.law.harvard.edu/ilaw/Speech/
        “Nuremberg Files” Case

                                       DECISION?

                                            LEGAL




     Although there were violent tinges to the ACLA’s
     methods, it was ruled that there was no explicit
                threat to kidnap or injure.

http://cyber.law.harvard.edu/ilaw/Speech/
        Intellectual Property




               Intellectual property MAY NOT be
            republished via the internet without the
                 consent of the original author.




http://cyber.law.harvard.edu/ilaw/Speech/
      Implications of anonymity



         “Suppose I receive an anonymous note
         asserting that I have been betrayed by a
      friend. I will not know what to make of it – is
          it a joke, a slander, a warning, a test? “




http://www.social-europe.eu/2011/03/on-internet-slander-and-irresponsibility/

				
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posted:12/3/2011
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