8 - Free Speech Harvard CSCI E-2a November 17, 2008 Harvard CSCI E-2a November 17, 2008

RCubby v. Compuserve RStratton Oakmont v. Prodigy RCubby v. Compuserve RStratton Oakmont v. Prodigy

Time Magazine, 7/3/95

Communicatons Decency Act - Display Provisions  “ knowingly (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. ”  Transmit “ obscene or indecent ” materials to someone known to be under 18  “ knowingly (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. ”  Transmit “ obscene or indecent ” materials to someone known to be under 18

Justice Stevens’ Opinion  “ Could a speaker confidently assume that a serious discussion about birth control practices, homosexuality, the First Amendment issues raised by the Appendix to our Pacifica opinion, or the consequences of prison rape would not violate the CDA? This uncertainty undermines the likelihood that the CDA has been carefully tailored to the congressional goal of protecting minors from potentially harmful materials. ”

CDA Section 230  "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider ”  Good Samaritan Provisions  "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider ”  Good Samaritan Provisions

Harvard professor Harry Lewis commented:

The Siegenthaler Hoax  John Seigenthaler Sr. was the assistant to Attorney General Robert Kennedy in the early 1960s. For a short time, he was thought to have been directly involved in the Kennedy assassinations of both John, and his brother, Bobby. Nothing was ever proven.  John Seigenthaler moved to the Soviet Union in 1972, and returned to the United States in  He started one of the country's largest public relations firms shortly thereafter.  John Seigenthaler Sr. was the assistant to Attorney General Robert Kennedy in the early 1960s. For a short time, he was thought to have been directly involved in the Kennedy assassinations of both John, and his brother, Bobby. Nothing was ever proven.  John Seigenthaler moved to the Soviet Union in 1972, and returned to the United States in  He started one of the country's largest public relations firms shortly thereafter.

2005 Violence Against Women Act  Criminal sanctions to anyone who “utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person”