РефератыИностранный языкDoDoes The Goverment Has The Right To

Does The Goverment Has The Right To

Censor The Internet? Essay, Research Paper


Subject:Computer Science


Titile:Does The Government Have The Right To Censor The Internet?


The Internet is a method of communication and a source of information


that is becoming popular among those who are interested in the


information superhighway. The problem with this world we know as


Cyberspace, the ‘Net, or the Web is that some of this information,


including pornographical material and hate literature, is being


accessible to minors.


Did you know that 83.5% of the images available on the Internet are


pornographical? Did you know that the Internet’s pornography and hate


literature are available to curious children that happen to bump into


them?


One of the drawing features of the young Internet was its freedom. It’s


“…a rare example of a true, modern, functional anarchy…there are no


official censors, no bosses, no board of directors, no stockholders”


(Sterling). It’s an open forum where anyone can say anything, and the


only thing holding them back is their own conscience.


This lawless atmosphere bothered many people, including Nebraska Senator


James Exon. Exon


proposed in July, 1994 that an amendment be added to the


Telecommunications Reform Bill to regulate content on the Internet. His


proposal was rejected at the time, but after persistence and increased


support, his proposal evolved into the Communications Decency Act (CDA),


part of the 1996 Telecommunications Reform Act The Internet has changed


the world by creating advertising, information, and businesses. However,


there are the few bad apples in the Internet that have information,


literature, graphics and images that have been deemed inappropriate for


minors. Therefore, many people feel the Internet should be censored by


the Government. The Government owns and operates the Internet and its


agencies are responsible for what is on the Internet. However, for the


parents with minors that are concerned about what their kids see- they


should go out and get software to censor the Internet. Don’t ruin


everyone else’s fun. Why should I have to be a peasant of the Government


tyranny over the Internet? The people that worry about their kids and


make the Government worry about it and pass legislation on censorship


are the people that are too damn lazy to buy Internet Censorship


software programs for their PERSONAL computers, NOT the entire United


States’. The Government wants censorship, but a segment of the


Internet’s population does not.


The Communications Decency Act is an amendment which prevents the


information superhighway from becoming a computer “red light district.”


Thursday, February 1, 1996, was known as “Black Thursday” on the


Internet


when Congress passed (House 414-9, Senate 91-5) into legislation the


Telecommunication Reform Bill, and attached to it the Communications


Decency Act. It was then signed into law by President Clinton one week


later on Thursday, February 8, 1996 known as the “Day of Protest” when


the Internet simultaneously went black from hundreds of thousands of


Internet citizens turning their web pages black in protest of the


Communications Decency Act.


The Communications Decency Act which is supposed to protect minors from


accessing controversial or sexually explicit material, outlaws


“obscene…”, which already is a crime, and therefore the CDA is not


needed, but also “…lewd, lascivious, filthy, or indecent”, and even


“annoying” “… comment[s], request[s], suggestion[s], proposal[s],


image[s], or other communication “using a “…telecommunications device”


all of which are protected by the First Amendment and therefore cannot


be banned.


The Act is also unconstitutional because it does not follow the Supreme


Court’s decision in Sable Communications Vs. FCC. requiring that


restrictions on speech use the “least restrictive means” possible. The


Court also stated that restrictions on indecency cannot have the effect


of “reduc[ing] the adult population to only what is fit for children.”


We start with the federal Communications Decency Act of 1996, a


controversial piece of legislation signed into law by President Clinton


on February 8, 1996, and now under legal challenge by the American Civil


Liberties Union and others. The Communications Decency Act bans the


communication of “obscene or indecent” material via the Internet to


anyone under 18 years of age. (Telecommunications Act of 1996, Section


502, 47 U.S.C. Section 223[a].)


We all know that this new law resulted from a complex meshing of


political forces in an election year during which family values will


continue widely to be extolled. But, is this part of the new federal law


legal? All of us have heard of the First Amendment to the United States


Constitution. It states in pertinent part that “Congress shall make no


law. . . abridging the freedom of speech . . . .” If those words are to


be read literally, then the knee-jerk answer would be that this new law


is illegal. But, the First Amendment, while historically read fairly


broadly, has never been interpreted literally. Even Thomas Jefferson,


when he served as President, tried to prosecute conduct that he viewed


as seditious speech. The U.S. Supreme Court also consistently has ruled


that pornography and obscenity fall outside the First Amendment, along


with a variety of other seeming “speech.”


At the same time, adult conduct which includes sexually oriented conduct


that some (perhaps even arguably a majority) might consider immoral has


been considered protected by the First Amendment when it takes place in


a private setting. Perhaps the outmost reach of that theory of


constitutional “privacy” manifested itself in “Roe v. Wade” and the


right to an abortion (itself now a controversial proposition). Surely,


though, it can be said, Internet surfers who find “indecent” material


(whatever that is) as a result of their inquiries from home (or the


office) fall well within the outer reach that Roe demarcated? Or is that


true?


Then, we come to the question of “

children,” the stated objective of the


new Congressional ban. Anyone who watches the news or reads newspapers


knows that the courts frequently hold that government can legitimately


try to protect the well-being of children. At the same time, how parents


rear their children has generally been left to the parents, although


perhaps because of publicized parental lapses more governmental activism


seems to exist in that arena too. But it seems fair to say that few


parents, irrespective of their political or religious views, would agree


that the federal government should intercede in how they raise their own


children. In general, parents have access to a wider variety of Internet


access controls than controls over cable television or the movies.


Additionally, most children who live in environments in which their


parent slack access to Internet protection likely also lack the


resources to acquire computer technology and Internet access. Is


Congress intruding into the parental sphere in banning “indecent”


Internet communications?


Proceeding further, the courts have generally given the federal


government wide latitude to control what can be said or shown over the


commercial television “airways.” We have all probably heard of the FCC’s


ban of “indecent” speech and the “seven dirty words” of George Carlin or


the antics of Howard Stern. But, the commercial television airwaves flow


almost inexorably into everyone’s home, with little more effort than the


flick of a dial. The Internet is something that most of us must buy


access to and which we then choose to surf on our own. And does the


government really have the right to tell parents what books and


magazines they can let their children read at home or what television


programs or motion pictures they should let their children watch?


If the answer is, “yes,” then how much stretching does it take to extend


government control so as to encompass notions of social or philosophical


or religious tutelage?


A complex legal and societal problem indeed! To recap, if the Internet


is akin to commercial network television and if the government can


constitutionally restrict the menu of offerings there, then why not the


Internet? But, the Internet is different, in lots of ways. And, what


does “indecent” mean anyway? “Pornography” and “obscenity” are difficult


enough concepts in their own right. Justice Potter Stewart of the United


States Supreme Court wrote in 1964: “perhaps I could never succeed in


intelligibly” explaining what it is. “But I know it when I see it”.


“Indecent,” whatever that means (Congress itself did not define the


term) must surely be something less offensive than “obscenity.” Is it


just, fair or even wise to penalize someone from making available


information which some would label “indecent” but which few of us can


even define?


These are among the issues that the courts must decide in ruling on the


legality of the Communications Decency Act of 1996. Only time will tell


the outcome. At least, though, the courts are not quite as immediately


influenced by current political trends as legislators and their final


decisions may be less emotionally passionate and more deliberative.


We have the technology today to filter access to users on interactive


media. One simple way to is to put information in the header describing


the information that is contained in the transmission. There would be


standards for how the information would be described. The application


used to receive the transmission can be set to screen the unwanted


transmission based on the information in the header. The settings can


be protected by passwords. Using this technology the user would


exercise control of the information available on interactive media


instead of the government or network operators.


The CDA criminalizes “knowingly transmit[ing] or mak[ing] available”


information on interactive media that can be accessed just as easily by


wondering the isles of a book store. It also criminalizes “indecent”


speech that is transmitted electronically between two consenting adults.


i.e. Email. The punishment for such a “crime” can be up to 2 years in


prison and/or a


$250,000 fine.


The Communications Decency Act is unconstitutional by banning speech


that is protected by the First Amendment in a medium in which the user


is giving the ability to select what he or she does or does not want to


receive.


THE GOVERNMENT GIVES CITIZENS THE PRIVILEGE OF USING THE INTERNET, BUT


IT HAS NEVER GIVEN THEM THE RIGHT TO USE IT.


If we have a “Constitution” and, supposedly, a “First Amendment”- why is


the Government using legislation to stop us from expressing ourselves?


We seem to be a ironic and paradox country. We didn’t want to be the


first to use nuclear weapons and the atomic bomb, but were the first


and, so far to present day, the last to use them.


References:


American Heritage Dictionary of the English Language-Definition of


Censorship:


(May


30, 1997).


A Brief and Idiosyncratic History of Censorship-by Robert Atkins:


(May


30, 1997).


Center for Democracy and Technology-Trial bulletin for CIEC’s lawsuit:


(May 30, 1997).


“The Complaint”-CIEC-Current Lawsuit information:


(May 30, 1997).


Net Censorship Crisis: From DC to Cyberspace-By Cate C. Corcoran from


Hotwired:


(May 30, 1997).


Internet Censorship FAQ-By Jonathan Wallace and Mark Mangan:


(May 30, 1997).


Latest Developments on Internet Censorship-EPIC organization:


(May 30, 1997).


Signing Away Free Speech-By Todd Lappin from Wired magazine:


(May 30, 1997).


Jefferson, Thomas. “Bill Of Rights.” from The Constitution of the United


States.


(May 30, 1997).


Sterling, Bruce. “Short History of the Internet.” From The Magazine of


Fantasy and Science Fiction, February 1993.


(May


30, 1997).


King, Stephen. “Censorship on the Internet: an interactive essay by


Stephan King” (May


30, 1997).

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