Regulating Speech Online
February 7
The Internet has the potential to revolutionize public discourse. It is a profoundly democratizing force. Instead of large media companies and corporate advertisers controlling the channels of speech, anyone with an Internet connection can "become a town crier with a voice that resonates farther than it could from any soapbox." Reno v. ACLU, 521 U.S. 884, 896-97 (1997). Internet speakers can reach vast audiences of readers, viewers, researchers, and buyers that stretch across real space borders, or they can concentrate on niche audiences that share a common interest or geographical location. What's more, with the rise of web 2.0, speech on the Internet has truly become a conversation, with different voices and viewpoints mingling together to create a single "work."
With this great potential, however, comes new questions. What happens when anyone can publish to a national (and global) audience with virtually no oversight? How can a society protect its children from porn and its inboxes from spam? Does defamation law apply to online publishers in the same way it applied to newspapers and other traditional print publications? Is online anonymity part of a noble tradition in political discourse stretching back to the founding fathers or the electronic equivalent of graffiti on the bathroom wall? In this class, we will look at how law and social norms are struggling to adapt to this new electronic terrain.
Assignments
Assignment 1 due
Readings
- Citizen Media Law Project Legal Guide: Defamation
- David Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act (Parts I & II)
- Communications Decency Act § 230
- John Palfrey and Adam Thierer, "Dialogue: The Future of Online Obscenity and Social Networks," Ars Technica, March 5, 2009, read all
- Wikipedia entry on Funding Evil (focus on "libel controversy" section)
- The SWIFT Affair
Optional Readings
- David Margolick, "Slimed Online," Portfolio.com, February 11, 2009, read all
- Larger Threat is Seen in Google Case NYT
- Wikipedia on Reno v. ACLU
- Lawrence Lessig, Code 2.0, Chapter 12: Free Speech
- David Ardia, Reputation in a Networked World: Revisiting the Social Foundations of Defamation Law (Part III)
Class Discussion
http://www.cbsnews.com/stories/2011/07/19/national/main20080685.shtml
During our last class we discussed the hacking group Anonymous. One of the concerns raised in the class addressed ramifications for hacking and the belief that these types of attacks are not pursued by law enforcement. As it turns out the FBI has been arresting members of this group and seizing their equipment. In addition to the written story there is a video interview (link above) of the self-proclaimed leader of Anonymous, Commander X, where he likens this groups activity to the sit-ins during protests in the 50’s and 60’s when the nation was advocating for civil rights.
Two (conflicting) thoughts:
1. I appreciate the analogy and disagree with the announcer who dismisses the likeness out-of-hand.
2. I would agree with the analogy if, indeed, each “request for information” were being initiated by a separate and distinct person exercising their individual right to voice their concern.
These computers, servers, and platforms are designed to accommodate millions of simultaneous, legitimate, requests. I don’t believe that there are millions of Anonymous members initiating these requests, rather a handful of protesters mimicking multiple users. So in this case the analogy fails as “the people” are not adequately represented through a First Amendment protection to assemble. A more accurate analogy would be that two or three individuals went to Woolworths lunch counter to “sit-in” but each brought with them 150 manikins with made-up names, claiming that these were their friends in support. Lastly, I’m not sure that I completely buy the idea that their hacking methods are simply an overwhelming volume of requests for information. I believe that the method by which these attacks were initiated were a bit more technically complicated than that.Louiscelli 13:24, 1 February 2012 (UTC)