CIS CH 5 Notes

John Doe Lawsuit

A lawsuit filed by an aggrieved party against a defendant whose identity is temporarily unknown because the person is communicating anonymously or using a pseudonym •Plaintiff can request court permission to issue subpoenas to command a person to appear •If permission is granted, subpoenas can be served on any third party that may have information about the true identity of the defendant

Slander

An oral defamatory statement

Telecommunications Act

Controlling Access to Information on the Internet •Its goal was to promote free competition among phone, cable, and TV companies

Key Issues

Freedom of Expression: _____ _____ •Controlling Access to Information on the Internet •SLAPP lawsuits •John Doe Lawsuits •Pornography on the Internet •Internet Censorship •Anonymity on the Internet •Hate Speech •Fake News

forms

Internet censorship takes a variety of ______: •Limiting access to certain websites •Allowing access to only some content or to modified content at certain websites •Rejecting the use of certain keywords in online searches •Tracking the Internet activities of individuals •Jailing individuals for their Internet use •Deregistering a domain that hosts content deemed inappropriate or illegal

SLAPP

Strategic Lawsuit Against Public Participation A lawsuit employed by corporations, government officials, and others against citizens and community groups who oppose them on matters of public interest •Anti-SLAPP laws: •Passed in 28 states and the District of Columbia •Designed to reduce frivolous SLAPPs

First Amendment

•Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. •Protects Americans' rights to freedom of religion, freedom of expression, and freedom to assemble peaceably

Fake News

•Journalism, including the ways in which people get their news, is going through a period of rapid change. •The proliferation of online sources of information and opinion means that the Internet is full of "news" accounts that are, in fact, highly opinionated, fictionalized, or satirical accounts of current events presented in journalistic style.

Fake News

•Nontraditional sources of news and information: •Blogs—Some bloggers report on things about which they are very passionate. As a result, they may be less likely to remain unbiased. •Fake news sites—Some sites modify real news stories to entice viewers to click on them. Others create entirely fictitious "news" stories and present them as fact. •Social media sites—Because reports, images, opinions, and videos shared via social media often spread like wildfire, they can sometimes cause confusion, misunderstanding, and controversy, rather than bringing clarity to a situation.

Challenge

•Restrict children's access to inappropriate material online without also restricting adults' access •Key federal laws:

Internet Censorship

•The control or suppression of the publishing or accessing of information online •Speech on the Internet requires a series of intermediaries to reach its audience with each intermediary vulnerable to some degree of pressure from those who want to silence the speech.

Defamation

A statement of alleged fact that is false and that harms another person •The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue and cause harm to another person.

Libel

A written defamatory statement

Anonymous expression

Anonymity on the Internet Opinions expressed by people who do not reveal their identity

Doxing

Anonymity on the Internet •Doing research online to obtain someone's private personal information—such as home address, email address, phone numbers, and place of employment and then posting that information online •May be done as an act of revenge or to publicly shame someone who has been operating anonymously online

Anonymous remailer service

Anonymity on the Internet •Strips originating header and/or IP number from emails before sending the message to its intended recipient

Digital Millennium Copyright Act (DMCA)

Controlling Access to Information on the Internet •Passed in 1998; addresses a number of copyright-related issues •Title II of the act limits the liability of an ISP for copyright infringement if an ISP subscriber posts copyrighted material. -An ISP cannot be held liable for copyright infringement if, when notified by the copyright holder, it notifies the subscriber of the alleged infringement and executes a "takedown" by removing the offending content.

Child Online Protection Act (COPA)

Controlling Access to Information on the Internet •Passed in 1998; imposes penalties for exposing minors to harmful material online •In June 2004, COPA was ruled unconstitutional by the U.S. Supreme Court

Children's Internet Protection Act (CIPA)

Controlling Access to Information on the Internet •Passed in 2000; requires federally financed schools and libraries to block computer access to obscene material, pornography, and anything else harmful to minors

Internet Filter

Controlling Access to Information on the Internet •Software that blocks access to certain websites that contain material deemed inappropriate or offensive •Uses a combination of URL, keyword, and dynamic content filtering

Communications Decency Act

Controlling Access to Information on the Internet •Title V of the Telecommunications Act; aimed at protecting children from pornography •In June 1997, much of the CDA was ruled unconstitutional by the U.S. Supreme Court •Section 230 of the CDA: -Not declared unconstitutional -Provides immunity to an ISP that publishes user-generated content—provided its actions do not rise to the level of a content provider

Miller v. California

Obscene Speech •Established a test to determine if material is obscene •Speech can be considered obscene if: -The average person finds that the work, taken as a whole, appeals to the prurient interest -The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law -The work, taken as a whole, lacks serious literary, artistic, political, or scientific value

Hate Speech

Persistent or malicious harassment aimed at a specific person •Most ISPs reserve the right to remove content that does not meet their standards •Public schools and universities must follow the First Amendment's prohibition against speech restrictions. •Corporations and private schools/universities may prohibit employees and students from engaging in offensive speech using corporate- or school-owned computers, networks, or email services.

federal offense

Pornography on the Internet Possession of child pornography is a ___ ____ punishable by up to five years in prison •Some states require computer technicians who discover child pornography on clients' computers to report it to law enforcement officials

Sexting

Pornography on the Internet Sending sexual messages, nude, or seminude photos, or sexually explicit videos over a cell phone •Sexters may face prosecution for child pornography

community standards

Pornography on the Internet •Key question in deciding what Internet material is obscene is: "Whose ___ ____ are used?" •Currently, no clear judicial agreement on whether local or national community standards are to be used to judge obscenity •Companies must take reasonable steps to prevent pornography in the workplace •Establish and communicate an AUP that prohibits access to pornography sites •Identify and take disciplinary action against those who violate the policy

CAN-SPAM Act

Pornography on the Internet •Specifies requirements that commercial emailers must follow when sending messages to advertise or promote a commercial product or service •Key requirements -From and To fields in the email and the originating domain name and email address must be accurate -Subject line of the email cannot mislead the recipient as to the contents or subject matter of the message -If the message contains sexually-oriented material, the phrase "SEXUALLY-EXPLICIT" must appear in the subject line

does not

The First Amendment ___ ____ protect: •Perjury and fraud •Defamation and obscene speech •Incitement of panic and incitement to crime •Fighting words and sedition

includes

U.S. Supreme Court has ruled that freedom of speech _______: •Nonverbal, visual, and symbolic forms of expression, including: flag burning, dance movements, and hand gestures •The right to speak anonymously

Criticisms

___ Of CIPA: -Transferred power over education to the software companies that develop the Internet filters -Some filters are ineffective -Penalties resulting in a loss of federal funds could lead to a less capable version of the Internet for students at poorer schools