Regulating Speech Online
February 18
The Internet has the potential to revolutionize public discourse. Instead of large media companies and corporate advertisers controlling the channels of speech, anyone with an Internet connection can, in the words of the Supreme Court, “become a town crier with a voice that resonates farther than it could from any soapbox.” (Reno v. ACLU). 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, 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 global audience with virtually no oversight? How can a society balance the rights of speakers with the interests in safeguarding minors from offensive content? When different countries take different approaches on speech, whose values should take precedence? When a user of a website says something defamatory, when should we punish the user and when should we punish the website?
In this class, we will look at how law and social norms are struggling to adapt to this new electronic terrain.
Joining us this week will be Jeff Hermes, Director of the Digital Media Law Project.
Assignments
The first half of assignment 2 (posting your prospectus) is due before class next week (Feb. 25th). Information on the assignment can be found here.
Readings
- Private and public control of speech online
- Berkman Center, How Internet Censorship Works (about 7 mins., watch all)
- Biz Stone and Alex Macgillivary, The Tweets Must Flow and The Tweets Still Must Flow
- Speech laws and liabilities in the United States
- Cross-border concerns
- Susan Benesch, Dangerous Speech (audio interview, about 9 mins., listen to all)
Optional Readings
- David Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act (Read all of Section I, Parts C&D of Section II, and Conclusion)
Links from Class Discussion
Class Discussion
"The spread of information networks (the internet) is forming a new nervous system for our planet" - Hilary Clinton.
See: https://www.youtube.com/watch?v=ccGzOJHE1rw
For governments to react expeditiously to help individuals or communities in distress, there must be freedom of speech online. But for this to be effective, the process need to be organized and formalized. Individuals need to ensure they are not sending noises and gibberish but useful information so that either the government or other able individuals, NGO's, or even private corporations can come to the rescue.
Ichua 06:57, 12 February 2014 (EST)
I have to say, I found "The Delete Squad" article by Jeffrey Rosen to be extremely interesting. While I find hate speech despicable, I agree with the conclusion at which "The Deciders" arrived, to intervene only in rare cases in which resulting violence appeared imminent. In this age of prolific internet bullying, I can see how many people (particularly parents) might be inclined to argue that regulations must be implemented, but to me the solution seems to lie more so in the individual's own usage of the internet. By this I mean to say that a person should be responsible for restricting his or her (or his or her child's) internet usage so that he or she is not actively involved in sites which might be problematic. Castille 02:26, 15 February 2014 (EST)
This might be a little off-topic, so I apologize in advance if it's "inappropriate", but I was wondering if anyone has read The Circle by Dave Eggers? These readings-- and my exchange with Ichua on last week's discussion board-- have really made me consider the thoughts posed in that book. Basically, the book is about a company (a la Facebook) which seeks to "complete the circle" of internet usage and identity. It functions as a sort of government in and of itself, as well as a full-fledged community/world. Everything is consolidated on their system, so that people have basically no anonymity online as we do now; the internet is no longer removed from reality, but is instead a virtual reality in the most literal sense. All of their information is stored within the system, including their medical records, family history, purchase history, job details and tasks, and essentially all communication is conducted through the site. There is also a security camera system which is set up and controlled by the users, but has become so prolific that essentially every area of the globe is under surveillance. While the situation posed in the novel is drastic and even scary, there are a lot of positives to certain aspects. I think the biggest concern is not necessarily the loss of privacy, but the question of who controls (or should control) such a system. Certainly controls should exist, but surely corporations should not have that much power or intimate knowledge and it seems that even a government would not suffice for such a job. Should there be another authority? If so, what sort of entity would be qualified to do such a job? I'd love to hear other peoples' perspectives, whether you've read it or not.Castille 12:55, 17 February 2014 (EST)
- NOTE 1 While reading this week's articles, I took a break from homework to scroll down my Facebook newsfeed. I came across a post by a friend in Quebec, about a website that satirizes Snapchat. When I clicked the link, it gave me an error message. I messaged my friend, she was able to open the link with no problem from Quebec. From the comments on her post, it seems as though the only questionable content were some dirty pictures on the site, but nothing I understand to be limited in the USA. That was a bit weird/scary...
- NOTE 2 Now that I am done reading this week's articles, I am more nervous to post my honest response to some of the articles than I used to be!
- QUESTION Does anyone know the Wiki Markdown version of
target="_blank"? I'd be happy to add the markup to the class readings if anyone knows what the code is (I've tried Googling it... no luck...)
Erin Saucke-Lacelle 15:27, 17 February 2014 (EST)
- It is generally considered bad practice in web development to use target="_blank" outside of very specific, exceptional cases. The reason is simple: If the link has no target attribute, the behaviour is defined by user's settings and by user's action as they can either click the link or right click and open in another tab/window/etc., some browsers offering other options such us click&drag, middle click, etc. If the link has a target="_blank" attribute, on the other hand, the user is forced to open the link in a separate tab/window - his actions are thus limited by the developer, for no good reason (even if the developer might think he has a good reason, it usually isn't). --Seifip 17:39, 17 February 2014 (EST)
As I was considering the intersections of this week’s readings, several articles reminded me of a case that occurred back in 2000, although not within the realm of the Internet or something like the Flickr or Picasa most of us are very familiar with today, the parallels and concerns will seem obvious.
When we think about the amount of daily photographic content that now goes up on Facebook, Flickr, Picasa, etc. and consider the roles of these “Deciders” (as defined in one of the reading), the case as it occurred for an Oberlin, Ohio family back in 2000, seems like it could play out over and over again if individual states received the powers of prosecution to the extent that the State Attorneys General are requesting in their letter to congress on July 23, 2013.
Some may remember the case I’m referring to, in an overly distilled summary, it involved an amateur photographer who was chronicling her daughter’s life in still photography. Some photographs included her (then 8yr old) daughter bathing. When the photos were developed by the local film-processing lab, a clerk reported this to the police as an incident of “child pornography”. The local police agreed, and the mother was arrested and the case garnered national attention at the time with the ACLU coming to the defense of the mother. http://www.oberlin.edu/alummag/oamcurrent/oam_spring_00/atissue.html [Later the subject of an entire book looking more closely at the issues] http://www.pbs.org/newshour/art/questions-of-photographic-propriety-in-framing-innocence/
The letter by the 49 Attorneys General certainly strikes at a horror that anyone with a human heart will become equally enraged towards - the tragedy of child abuse, sex trafficking, and exploitation. While it seems odd that the word “The State” is omitted from the current language of the CDA, I wonder if by including “The State” in CDA language, we will end up introduce a sliding scale of laws that become defined by “the standards of any small community” enforcing crimes that THEY define a “Obscenity” and/or “child pornography”.
What is viewed as unprotected speech and deemed as “obscenity” (or “child pornography”) in Lorain County Ohio, may not result in the same definition in (say) San Francisco. With the addition of “The State” in the CDA, could the State of Ohio prosecute a photographer in San Francisco for posting an “obscene” picture to a Flickr account which is accessible to users in Ohio? If the definition of “obscenity” is based on the Miller’s test (below), then What are the “community standards” that define obscenity in a case where one state wishes to prosecute someone in another “community”??
The Miller test for obscenity includes the following criteria:
(1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific value.
Psl 17:47, 17 February 2014 (EST)