Computers in Communication and Constitutional Issues Week 4

History of Communications Oral - Speech in person Written - scribes, drawing, …. To today’s publishing Photography Radio Film Television Video Streaming

Written Communications Tablets to pen & paper Drawings to graphics Newspapers and Books to Books and Newspapers on line Magazines to E-zines Typewriter to Word Processors Printing Press Copy machines to Scanners

Telecommunications Two - way Radio Morse Code >Telegraph - giant electro magnet Fax Telephone Local and Main telephone exchanges Cell phone Satellite

History Continued Recording Mechanisms Gramophone - stylus Tape - magnetism CD - digital using lasers Microwaves Fiber optics ISDN- voice, data, and image signal WAN’s and LAN’s

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

Telecommunications Radio waves Microwave link Optical fiber link Cable TV Electric land cable

Communications Expands to computers Networks Internet Video conferencing

Communication Technologies Print Media - newspapers, magazines, pamphlets Broadcast - television, radio Common Carriers - telephone, telegraph, postal system

How are computers used? Print Media Word processing Printing presses

How are Computers used? Broadcast Satellites WAN’s

Constitutional Issues First Amendment - Congress shall make no law….abridging the freedom of speech, or the press…. Fourth Amendment- search and seizure How will these amendments affect and be affected by computer systems and telecommunications systems?

Print Medium Strongest First Amendment protection Fewer government constraints

Broadcast Highly regulated licenses standards of merit banned advertisements due to earlier monopoly on market and early radio broadcasters

Common Carriers Universal access No control on content No responsibility Various organizations are fighting control versus freedom issue

The Internet Similar to many types of communication Internet lets us all be publishers. All you need is a computer and network access Internet is a many to many medium versus one to one of telephone One to many of radio

First Amendment Written for offensive and/or controversial speech and ideas Restriction on the power of government, not individuals or private business

Offensive Speech in Cyberspace Should it be censored? Child pornography and libel are illegal anywhere Proliferates more easily on Internet Anonymity of the Internet doesn’t help

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

Libel A person can be sued for damages for saying something in print that is false damaging reputations “Absence of Malice” exclusion Responsibility falls on the person making the statement AND the “provider” Libraries and bookstores are not responsible because of volume

Pornography and Censorship Does exist on Internet But nothing not found other places Some is on “Pay-for-use” areas but many free areas proof of age???

Guidelines for Illegal material on Internet Based on court case Miller vs California It depicts sexual acts that are specifically prohibited by state law Depicts these acts in offensive manner - using community standards Has no serious literary, artistic, social, political, or scientific value

Problems with this What is a community on the Internet? What state does it affect? What about distribution? Who is responsible? Who decides value?

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

Liability of Service Providers Legal sanctions against service providers are more effective than trying to catch “bad” people Service Providers are visible Providers will have to police their sites Monitor every message and file Really Not Possible

Effects of Policing by Providers Degrades services Invasion of privacy Almost impossible due to large volume Enforce strictest standards Destroys “many to many”

Internet Monitoring Access to children Fines for access allowed by those under 18 that is obscene or indecent Anonymity makes it easier to prey Easier for Law Officers to be youngsters How do you censor for children and not adults? Is it still a big issue?

Methods “Locks” to keep children out Distribute tips on how to control info Some will report illegal activity to FBI Expels “bad” subscribers Automatic screening of “words” Block access to inappropriate sites by software products Voluntary rating systems

Is Net Censorship Effective? The Net is global Cannot control sites out of U.S. With more censorship in U.S. More services will go elsewhere

Bomb Making Information Is it there? Is it valid? Who sees it? WHO really uses it?

Sexist, Racist, and Harassing Speech on-line Discrimination and harassment is widespread Speech on Computer systems in being treated differently Campus Speech codes Political correctness of messages

Different Rules for Internet Should there be full freedom of speech? Are more people likely to build bombs? Is “junk” more likely than in library? If child knows how to surf - can he avoid stops? What is the parent’s Responsibility? SUPREME COURT RULING

Anonymity and Pseudonymity Federalists Papers - 1787 - a set of 85 letters arguing for adoption of new Constitution To limit power of Government Used pseudonym Easy - remailers, encryption

Remailer Pseudonym for the sender A record is maintained linking the sender to the pseudonym A fully anonymous remailer removes and destroys the sender’s return address - can’t get replies

Good and Bad Uses Anonymity provides protection retaliation embarrassment Victims of violence or rape can talk freely Supports whistle blowers ANY BAD??

Issues Should anonymity be discouraged? Should it be prohibited by policy? Banned because of potential for illegal use?

First Amendment and Cryptography Government controls export restricts publication software is speech and should not be on Net Issue of national security Supreme Court again

Hacker Magazines They are not “press” - do they have freedom of the press? Will electronic publishers receive the same protections as print publishers? How does this affect flow of info?

Fourth Amendment Search and seizure of computers Businesses could fail contains sensitive info of others Could you “Plead the Fifth” - and not divulge your encryption key?