Internet regulation US

The cornerstone of American political process The consequence of the protestant revolution The right to interpret the LAW (God’s and secular) should be given to every human being Freedom Conscience Expression Petition the government Peacefully assembly Enshrined in the 1 st Amendment

1 st Amendment Congress shall make NO law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Regulating the Internet in the US Theoretically all US speech is regulated by the first amendment Congress shall make no law…. Emphasis on freedom, not on regulation A situation quite different from that of France, for example Specific press law dating from 1881 Periodicals need to be licensed Journalists need to be licensed Slander can be penalized much easier than in the US Self-censorship

Despite 1 st Amendment, US press is regulated Different types of speech are differently protected Print speech the most protected Broadcast and moving image less protected Regulated on the grounds of trade fairness, not political expediency Legacy of the 1930s: broadcast was seen as a “public resource”  Scarcity, pervasiveness –> licensed… More recently, cable TV less restricted, no scarcity Yet over the air broadcasting is still regulated

Grounds of regulating broadcast and Internet differently Radio, Television, Cinema “Born in captivity” Perceived to appeal to prurient interests Perceived to be purely commercial Perceived to be afflicted by scarcity  govt seen as a public trustee Perceived to be all intrusive  pervasieveness

Outcomes of perceptions After attempts at direct control cinema self regulated (rating system) Radio and Broadcasting TV regulated since day one (FCC, TELE act 1934) Right of regulation defined 1969 Red Lion Reinforced through the Pacifica lawsuit (Carlin 7 dirty words monologue) Applies to equal access Cable less and less regulated, although only the premium channels (not intrusive)

Internet Born in freedom due to different perceptions Bandwidth not scarce, can be increased by laying out more wires Not as invasive, you need to navigate to specific pages and to pay hefty prices for access Has empowering effects Total freedom, even for pornography A medium for 1,000,000 dirty words and pictures Reno vs. ACLU, 1997 – strikes down Communication Decency Act Ashcroft vs. Free Speech coalition, 2002 – strikes down the anti virtual child pornography act

In conclusion, at the content level The Internet is Treated as a PRINT MEDIUM No scarcity Hard to define “community standards” which was previously used for regulating obscenity Important cases – CDA and Reno vs. ACLU Other laws regulate trademark, privacy, piracy, etc. On the Internet you benefit from maximum protection (for now)