Computers in Communication and Constitutional Issues

Computers in Communication and Constitutional Issues Week 4

---

History of Communications x Oral – Speech in personx Written – scribes, drawing, …. x To today’s printing and publishing x Photographyx Radiox Filmx Television

---

Written Communications x Tablets to pen & paper x Drawings to graphicsx Newspapers and Books to Books and Newspapers on line x Magazines to E-zinesx Typewriter to Word Processorsx Printing Pressx Copy machines to Scanners

---

Telecommunications x Two – way Radiox Morse Code >Telegraph – giant electro magnet x Faxx Telephone x Local and Main telephone exchanges x Mobile phonex Satellite

---

History Continued x Recording Mechanisms x Gramophone – stylusx Tape – magnetismx CD – digital xlaser beam x Microwavesx Fiber opticsx ISDN- voice, data, and image signal

---

Telecommunications x Radio x One way and Two way x Television x interactive TVx Closed-circuit TV

---

Telecommunications x Radio wavesx Microwave linkx Optical fiber linkx Cable TVx Electric land cable

---

Communications x Expands to computers x Networksx Internetx Video conferencing

---

Comm Co u mm n u i n ca i t ca i t o i n o n Te T ch e n ch o n l o o l g o i g e i s e x Print Media – newspapers, magazines, pamphlets x Broadcast – television, radiox Common Carriers – telephone, telegraph, postal system

---

How are computers used? x Print Media x Word processingx Printing presses

---

How are Computers used? x Broadcast x Satellites

---

How are computers used? x Common Carriers

---

Con Co st n i st t i u t ti u o ti n o a n l a lIss u Iss e u s e x First Amendment – Congress shall make no law….abridging the freedom of speech, or the press…. x Fourth Amendment- search and seizure x How will these amendments affect and be affected by computer systems and telecommunications systems?

---

Pr P i r n i t nt M e M d e i d u i m u x Strongest First Amendment protection x Fewer government constraints

---

Br B o r a o d a ca d st ca x Highly regulated x licensesx standards of meritx banned advertisementsx due to earlier monopoly on market and early radio broadcasters

---

Comm Co o mm n o n Ca r Ca r r i r e i r e s r x Universal accessx No control on contentx No responsibility x Various organizations are fighting control versus freedom issue

---

Th T e h e In te In r te n r e n t e x Similar to many types of communication x Internet lets us all be publishers. x All you need is a computer and a modem x Internet is a many to many medium x versus one to one of telephonex One to many of radio

---

Fi F r i st r st A me A n me d n m d e m n e t n x Written for offensive and/or controversial speech and ideas x Restriction on the power of government, not individuals or private business

---

Off Of e f n e si n v si e v e S p S e p e e ch e ch i n i n Cyb Cy e b r e sp r a sp c a e c x Should it be censored?x Child pornography and libel are illegal anywhere x Proliferates more easily on Internet x Anonymity of the Internet doesn’t help

---

Communications Decency Act of 1996 x Initiated by Exon to aide in censorship of Internet x Avoids conflict of first amendment by targeting communications with children x Fines, Jail termsx Ruled UNCONSTITUTIONAL by the Supreme Court in 1997

---

Li L b i e b l e x A person can be sued for damages for saying something in print that is false x Damages victim’s reputation x Responsibility falls on the person making the statement x AND the “provider” x Libraries and bookstores are not responsible because of volume of text

---

Po P r o n r o n g o r g a r p a h p y h y a n a d n d Cen Ce so n r so s r h s i h p i x Does exist on Internetx But nothing not found other places x Most is on “Pay-for-use” areas x proof of age

---

Gu G i u d i e d l e iln i e n s e s f o f r o r Il l Il e l g e a g l a l mate ma r te i r a i l a lo n o n In t In e t r e n r e n t e x Based on court case Miller vs California x It depicts sexual acts whose depiction is specifically prohibited by state law x Depicts these acts in offensive manner – using community standards x Has no serious literary, artistic, social, political, or scientific value

---

Pr P o r b o l b e l m e s m s w i w t i h t h th i th s i x What is a community on the Internet? x What state does it affect?x What about distribution?x Who is responsible?

---

BBS – Bulletin Board Systems x California Case – BBS operators ruled guilty of images downloaded in Tennessee. x Nothing can be put on Net that is more racy than would be tolerated in the most conservative community in US

---

Li L a i b a i b liilty i ty o f o f S e S r e v r i v ce i ce Pr P o r v o i v d i e d r e s r x Legal sanctions against service providers are more effective than trying to catch “bad” people x Service Providers are visible x Providers will have to police their sites x Monitor every message and file

---

Eff Ef e f ct e s ct o s f o f P o P l o ilc i in ci g n g b y b Pr P o r v o i v d i e d r e s r x Degrades servicesx Gross invasion of privacyx Almost impossible due to large volume x Enforce strictest standardsx Destroys “many to many”

---

Inte In r te n r e n t e t M o M n o i n to i r to i r n i g n x Access to children x Fines for access allowed by those under 18 that is obscene or indecent x Anonymity makes it easier to prey x Easier for Law Officers to be youngsters x How do you censor for children and not adults

---

Me M t e h t o h d o s d x “Locks” to keep children out x Distribute tips on how to control infox Some will report illegal activity to FBIx Expels “bad” subscribersx Automatic screening of “words”x Block access to inappropriate sites by software products x Voluntary rating systems

---

Is Is N e N t e t C e C n e s n o s r o s r h s i h p i p Eff Ef e f ct e i ct v i e v ? e x The Net is global x Cannot control sites out of U.S. x With more censorship in U.S. x More services will go elsewhere

---

Bo B m o b m b M a M ki a n ki g n g I n I f n o f r o ma r ti ma o ti n o x Is it there?x Is it valid?x Who sees it?x WHO really uses it?

---

Sexi Se s xi t, s t, R a R c a i c st, is t, a n a d n d Ha H r a a r s a si s n si g n g Sp e Sp e e ch e ch o n o – n l – iln i e n x Discrimination and harassment is widespread x Speech on Computer systems in being treated differently x Campus Speech codesx Political correctness of messages

---

Di D f i f f e f r e e r n e t n R t u R l u e l s e s f o f r o r Inte In r te n r e n t e x Should there be full freedom of speech?x Are more people likely to build bombs?x Is “junk” more likely than in library?x If child knows how to surf – can he avoid stops? x What is the parent’s Responsibility?x SUPREME COURT RULING

---

An A o n n o y n m y i m ty i ty a n a d n d Ps P e s u e d u o d n o ymi n t ymi y t x Federalists Papers – 1787 – x a set of 85 letters arguing for adoption of new Constitution x To limit power of Governmentx Used pseudonym x Easy – remailers, encryptionx Remailer

---

Re R ma e i ma lie l r e x Pseudonym for the senderx A record is maintained linking the sender to the pseudonym x A fully anonymous remailer removes and destroys the sender’s return address – can’t get replies

---

Go G o o d o d a n a d n d B a B d a d U s U e s s e x Anonymity provides protection x retaliationx embarrassment x Victims of violence or people can talk freely x Supports whistle blowersx ANY BAD??

---

Iss Is u s e u s e x Should anonymity be discouraged? x Should it be prohibited by policy? x Banned because of potential for illegal use?

---

Fi F r i st r st A me A n me d n m d e m n e t n a t n a d n d Cryp Cr to yp g to r g a r p a h p y h x Government controls export x restricts publicationx software is speech and should not be on Net x Issue of national security

---

Ha H c a k c e k r e r M a M g a a g z a i z n i e n s e x They are not “press” – do they have freedom of the press? x Will electronic publishers receive the same protections as print publishers? x How does this affect flow of info?

---

Fo F u o r u t r h th A me A n me d n m d e m n e t n x Search and seizure of computers x Businesses could failx contains sensitive info of others x Could you “Plead the Fifth” – and not divulge your encryption key?

---