Computers in Communication and Constitutional Issues Week 4

History of Communications uOral - Speech in person uWritten - scribes, drawing, …. u To today’s printing and publishing uPhotography uRadio uFilm uTelevision

Written Communications uTablets to pen & paper uDrawings to graphics uNewspapers and Books to Books and Newspapers on line uMagazines to E-zines uTypewriter to Word Processors uPrinting Press uCopy machines to Scanners

Telecommunications uTwo - way Radio uMorse Code >Telegraph - giant electro magnet uFax uTelephone u Local and Main telephone exchanges u Mobile phone u Satellite

History Continued uRecording Mechanisms u Gramophone - stylus u Tape - magnetism u CD - digital using lasers uMicrowaves uFiber optics uISDN- voice, data, and image signal uWAN’s and LAN’s

Telecommunications uRadio u One way and Two way uTelevision u interactive TV u Closed-circuit TV

Telecommunications uRadio waves uMicrowave link uOptical fiber link uCable TV uElectric land cable

Communications uExpands to computers u Networks u Internet u Video conferencing

Communication Technologies uPrint Media - newspapers, magazines, pamphlets uBroadcast - television, radio uCommon Carriers - telephone, telegraph, postal system

How are computers used? uPrint Media u Word processing u Printing presses

How are Computers used? uBroadcast u Satellites

How are computers used? uCommon Carriers

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

Print Medium uStrongest First Amendment protection uFewer government constraints

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

Common Carriers uUniversal access uNo control on content uNo responsibility uVarious organizations are fighting control versus freedom issue

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

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

Offensive Speech in Cyberspace uShould it be censored? uChild pornography and libel are illegal anywhere uProliferates more easily on Internet uAnonymity of the Internet doesn’t help

Communications Decency Act of 1996 uInitiated to aide in censorship of Internet uAvoids conflict of first amendment by targeting communications with children uFines, Jail terms uRuled UNCONSTITUTIONAL by the Supreme Court in 1997

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

Pornography and Censorship uDoes exist on Internet uBut nothing not found other places uMost is on “Pay-for-use” areas but many free areas u proof of age???

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

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

BBS - Bulletin Board Systems uCalifornia Case - BBS operators ruled guilty of images downloaded in Tennessee. uNothing can be put on Net that is more racy than would be tolerated in the most conservative community in US

Liability of Service Providers uLegal sanctions against service providers are more effective than trying to catch “bad” people u Service Providers are visible uProviders will have to police their sites u Monitor every message and file

Effects of Policing by Providers uDegrades services uGross invasion of privacy uAlmost impossible due to large volume uEnforce strictest standards uDestroys “many to many”

Internet Monitoring uAccess to children u Fines for access allowed by those under 18 that is obscene or indecent u Anonymity makes it easier to prey u Easier for Law Officers to be youngsters uHow do you censor for children and not adults

Methods u“Locks” to keep children out uDistribute tips on how to control info uSome will report illegal activity to FBI uExpels “bad” subscribers uAutomatic screening of “words” uBlock access to inappropriate sites by software products uVoluntary rating systems

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

Bomb Making Information uIs it there? uIs it valid? uWho sees it? uWHO really uses it?

Sexist, Racist, and Harassing Speech on-line uDiscrimination and harassment is widespread uSpeech on Computer systems in being treated differently uCampus Speech codes uPolitical correctness of messages

Different Rules for Internet uShould there be full freedom of speech? uAre more people likely to build bombs? uIs “junk” more likely than in library? uIf child knows how to surf - can he avoid stops? uWhat is the parent’s Responsibility? uSUPREME COURT RULING

Anonymity and Pseudonymity uFederalists Papers u a set of 85 letters arguing for adoption of new Constitution u To limit power of Government u Used pseudonym uEasy - r ers, encryption

R er uPseudonym for the sender uA record is maintained linking the sender to the pseudonym uA fully anonymous r er removes and destroys the sender’s return address - can’t get replies

Good and Bad Uses uAnonymity provides protection u retaliation u embarrassment uVictims of violence or rape can talk freely uSupports whistle blowers uANY BAD??

Issues uShould anonymity be discouraged? uShould it be prohibited by policy? uBanned because of potential for illegal use?

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

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

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