4568595.ppt
- 1. Ethics in Information Technology, Second Edition Chapter 5 Freedom of Expression
- 2. Ethics in Information Technology, Second Edition 2 Objectives • What is the legal basis for the protection of freedom of speech in the United States, and what types of speech are not protected under the law? • In what ways does the Internet present new challenges in the area of freedom of expression? • What key free-speech issues relate to the use of information technology?
- 3. Ethics in Information Technology, Second Edition 3 Free Speech and Limits • “I disapprove of what you say, but I will defend to death your right to say it!” – biographer of Francois Voltaire • "The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic." -- Justice Oliver Wendell Holmes, Jr., in 1919, United States Supreme Court
- 4. Ethics in Information Technology, Second Edition 4 Freedom of expression & First Amendment Rights • Right to freedom of expression – Important right for free people everywhere – Guaranteed by the First Amendment in USA • Definition of free speech includes – Nonverbal, visual, and symbolic forms of expression – Right to speak anonymously
- 5. Ethics in Information Technology, Second Edition 5 First Amendment Rights (continued) • Not protected by the First Amendment – Obscene speech – Defamation – Incitement of panic – Incitement to crime – “Fighting words” – Sedition
- 6. Ethics in Information Technology, Second Edition 6 Obscene Speech • Speech is considered obscene when – Average person finds the work appeals to the prurient interest – Work depicts or describes sexual conduct in an offensive way – Lacks serious literary, artistic, political, or scientific value
- 7. Ethics in Information Technology, Second Edition 7 Defamation • Publication of a statement of alleged fact that is – False – Harms another person • Harm is often of a financial nature • Slander – Oral defamatory statement • Libel – Written defamatory statement
- 8. Ethics in Information Technology, Second Edition 8 Offensive Speech and Censorship in Cyberspace • What is offensive speech? – Political or religious speech. – Pornography. – Racial slurs. – Nazi materials. – Abortion information. – Depictions of violence – How to make Bombs – Alcohol ads.
- 9. Ethics in Information Technology, Second Edition 9 Freedom of Expression: Key Issues • Controlling access to information on the Internet • Anonymity • Defamation • Hate speech • Pornography
- 10. Ethics in Information Technology, Second Edition 10 Controlling Access to Information on the Internet • Material Inappropriate for Children – Technology Changes the Context • On the Web, children have access to the same ‘adult’ text, images, videos, etc. as adults. • Online proprietors don’t know the customer is not an adult. – Protecting Children • It is illegal to create, possess or distribute child pornography, regardless of the medium.
- 11. Ethics in Information Technology, Second Edition 11 Controlling Access to Information on the Internet • Material Inappropriate for Children – There is no doubt that there is material on the Web that most people would consider inappropriate for children. – There is much on the Web that is extremely offensive to adults. – It is not surprising that some people see the Internet as a scary place for children.
- 12. Ethics in Information Technology, Second Edition 12 Controlling Access to Information on the Internet • Censorship Laws – Communications Decency Act (CDA, 1996) • Publicity and public pressure lead Congress to pass this act. • Anyone who made available to anyone under 18 any communication that is obscene or indecent would be subject to a $100,000 fine and two years in prison. • In 1997, the CDA was ruled unconstitutional because it was too vague and too broad in protecting children online and because less restrictive means are available.
- 13. Ethics in Information Technology, Second Edition 13 Controlling Access to Information on the Internet • Censorship Laws (cont’d) – Child Online Protection Act (COPA, 1998) • Commercial 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. • In 2000 and 2003, COPA was ruled unconstitutional by a federal court.
- 14. Ethics in Information Technology, Second Edition 14 Controlling Access to Information on the Internet • Censorship Laws (cont’d) – Children’s Internet Protection Act (CIPA, 2000) • Any school or library receiving federal Internet funds must install filtering software on all Internet terminals. • Filters must block sites containing child pornography, obscene material, and any material deemed “harmful to minors.” • A federal appeals court ruled a major part of CIPA unconstitutional in 2002 but the Supreme Court upheld the law in 2003.
- 15. Ethics in Information Technology, Second Edition 15 Controlling Access to Information on the Internet • Internet Access in Libraries and Schools – Filtering Software • Benefit: 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. • Problems: 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.
- 16. Ethics in Information Technology, Second Edition 16 Controlling Access to Information on the Internet – Filtering Software • URL filtering – Blocks URLs or domain names • Keyword filtering – Blocks key words or phrases • Dynamic content filtering – Web site’s content is evaluated immediately before being displayed – Uses » Object analysis » Image recognition
- 17. Ethics in Information Technology, Second Edition 17 Controlling Access to Information on the Internet (continued) • Popular Internet filters – ContentProtect – CYBERsitter – NetNanny – CyberPatrol – HateFilter
- 18. Ethics in Information Technology, Second Edition 18 Controlling Access to Information on the Internet (continued) • ICRA rating system – Questionnaire for Web authors – Generates a content label • Uses Platform for Internet Content Selection (PICS) standard – Users can configure browsers to read the label to block content – Relies on Web authors to rate their site – Complement to other filtering techniques
- 19. Ethics in Information Technology, Second Edition 19 Controlling Access to Information on the Internet (continued) • ISP blocking – Blocking is performed on the ISP server – ClearSail/Family.NET prevents access to certain Web sites
- 20. Ethics in Information Technology, Second Edition 20 Legal Overview: Children’s Internet Protection Act (CIPA) • Federally financed schools and libraries must block computer access to – Obscene material – Pornography – Anything considered harmful to minors • Schools and libraries subject to CIPA do not receive Internet access discounts unless they certify that Internet safety measures are in place – Required to adopt a policy to monitor the online activities of minors
- 21. Ethics in Information Technology, Second Edition 21 Legal Overview: Children’s Internet Protection Act (CIPA) (continued) • CIPA does not require the tracking of Internet use by minors or adults • Acceptable use policy agreement is an essential element of a successful program in schools – Signed by • Students • Parents • Employees • Difficulty implementing CIPA in libraries because their services are open to people of all ages – Including adults with First Amendment rights
- 22. Ethics in Information Technology, Second Edition 22 Anonymity • Principle of anonymous expression – People can state opinions without revealing their identity – In the wrong hands, it can be a tool to commit illegal or unethical activities
- 23. Ethics in Information Technology, Second Edition 23 Anonymity • Common Sense and the Internet – Early publications by some of our Founding Fathers were published under pseudonyms. – Jonathon Swift published his humorous and biting political satire Gulliver’s Travels anonymously. – In the nineteenth century, when it was not considered proper for women to write books, women writers such as Mary Ann Evans published under male pseudonym. – Today, there are publications on the Net that are posted anonymously.
- 24. Ethics in Information Technology, Second Edition 24 Anonymity • Common Sense and the Internet – Whistleblowers may choose to release information via anonymous postings. – To send anonymous e-mail, one sends the message to a remailer service, where the return address is stripped off and the message is resent to the intended recipient. – Several businesses, like Anonymizer.com and Zero-Knowledge Systems, provide a variety of sophisticated tools and services that enable us to send e-mail and surf the Web anonymously.
- 25. Ethics in Information Technology, Second Edition 25 Defamation and Hate Speech • Actions that can be prosecuted include – Sending threatening private messages over the Internet to a person – Displaying public messages on a Web site describing intent to commit acts of hate-motivated violence – Libel directed at a particular person
- 26. Ethics in Information Technology, Second Edition 26 Defamation and Hate Speech (continued) • Some ISPs voluntarily agree to prohibit subscribers from sending hate messages – Does not violate subscribers’ First Amendment rights – ISPs must monitor the use of their service – Take action when terms are violated
- 27. Ethics in Information Technology, Second Edition 27 Pornography • The Internet has been a boon to the pornography industry – More than 60,000 Web sex sites are accessible – The sites generate at least $1 billion a year in revenue • CAN-SPAM Act – Deterrent in fighting the dissemination of pornography
- 28. Ethics in Information Technology, Second Edition 28 Pornography (continued) • Reasonable steps to stop access in the workplace – Establishing a computer usage policy • Prohibiting access to pornography sites – Identifying those who violate the policy – Taking action against those users • Numerous federal laws address child pornography – Federal offense
- 29. Ethics in Information Technology, Second Edition 29 Manager’s Checklist for Handling Freedom of Expression in the Workplace
- 30. Ethics in Information Technology, Second Edition 30 Summary • First Amendment protects the right to – Freedom of religion – Freedom of expression • Key issues: – Controlling access to Internet information – Anonymous communication – Spread of defamation and hate speech – Access to pornography