1. Computers in Communication and Constitutional Issues
Week 4

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

3. 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

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

5. 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

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

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

8. Communications Expands to computers Networks Internet
Video conferencing

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

10. How are computers used?
Print Media
Word processing
Printing presses

11. How are Computers used?
Broadcast
Satellites
WAN’s

12. 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?

13. Print Medium Strongest First Amendment protection
Fewer government constraints

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

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

16. 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

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

18. 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

19. 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

20. 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

21. 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???

22. 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

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

24. 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

25. 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

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

27. 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?

28. 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

29. 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

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

31. 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

32. 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

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

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

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

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

37. 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

38. 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?

39. 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?