FREEDOM OF EXPRESSION

FREEDOM OF EXPRESSION: OVERVIEW

Anonymous, or Anon, is a movement made up of a number of nameless internet activists from around the world.

For many, the 'hacktivist' group has become the face of the new cyber-war against oppressive governments and all-powerful corporate. Others say the group's actions are reckless.

Describing itself as "the freedom of speech, the freedom of information and the freedom of expression taken to a logical extreme," Anon says it breaks laws, but only for the greater good

FREEDOM OF EXPRESSIONAnonymous the latest and most active “Hacktivists”

today.

FIRST AMENDMENT RIGHTS

The internet enables a worldwide exchange of news, ideas, opinions, rumors, and information.

It’s broad accessibility, open-minded discussions, and anonymity make the Internet an ideal communication medium.

People must often make ethical decisions about how to use such remarkable freedom and power.

Like the popular quote goes “with great power comes great responsibility”.

FIRST AMENDMENT RIGHTS

The right to freedom of expression is one of the most important rights for free people anywhere.

The First Amendment to the U.S. Constitution was adopted to guarantee this right and others. The First Amendment reads:

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.

In other words, the First Amendment protects the right to freedom of religion and freedom of expression from government interference.

FIRST AMENDMENT RIGHTSNumerous court decisions have broadened the definition of speech to

include nonverbal, visual, and symbolic forms of expression, such as burning the national flags, dance movements, and hand gestures.

But the most relevant to information technology types of speech are obscene speech and defamation.

Obscene speech- An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious. The term is also applied to an object that incorporates such a statement or displays such an act.

Defamation- Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

OBSCENE SPEECHThe IT city of Hyderabad was shocked by the news of a cyber crime. A

man whose marriage alliance was turned down tormented the woman by putting up obscene profiles of her on the Internet

OBSCENE SPEECH

There are three questions in the First Amendment that will help determine if the speech can be considered obscene. These are the ff:

1) Would the average person, applying contemporary community standards, find that the work, taken as a whole, appeals to the prurient interest?

2) Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law?

3) Does the work, taken as a whole lack serious literary, artistic, political, or scientific value?

OBSCENE SPEECH

These tests has raised many issues, like how a work can be assessed by its impact on an average adult in a community , who is an average adult, what are the contemporary community standards, and in the mere case of potentially obscene material displayed “world-wide” on the Internet, what is the community?

DEFAMATION

The dangers of defaming somebody on the internet have been brought to the fore, with a group of Sydney men now at risk of losing their jobs for bad-mouthing their boss on Facebook - 17 September 2009

DEFAMATION

The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue and cause harm to another person. This publication of a statement of alleged fact that is false and harms another person is defamation.

Two different types:Slander- oral defamatoryLibel- written defamatory

Although people have the right to express opinions, they must exercise care in their Internet communications to avoid possible charges of defamation.

FREEDOM OF EXPRESSION: KEY ISSUES

Information technology has provided amazing new ways to communicate with people around the world. With these new methods come responsibilities and new ethical problems.

Some of the key issues are: controlling access to information on the Internet, anonymity, defamation, hate speech , and pornography.

CONTROLLING ACCESS TO INFORMATION ON THE INTERNETHave you thought about the consequences of putting information about

yourself up on the web? An informative visual video experience created by 4 communication master´s students at the Royal Institute of Technology in Stockholm, Sweden.

CONTROLLING ACCESS TO INFORMATION ON THE INTERNET

One of the main reasons to support control of access to information in the internet is the children’s capability of accessing the Internet.

Here are some of the sections that address this issue.

The Communications Decency Act(CDA)This act aimed at protecting children from

online pornography. The CDA imposed $250,000 fines and prison terms of up to two years for the transmission of “indecent” material over the Internet.

CONTROLLING ACCESS TO INFORMATION ON THE INTERNET

The Child Online Protection Act(COPA)In October 1998, the COPA was signed into law. The law states that “whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both”.

CONTROLLING ACCESS TO INFORMATION ON THE INTERNET

Internet FilteringAn internet filter is software that can be installed with a Web browser to block access to certain web sites that contain inappropriate or offensive material.

The best internet filters use a combination of URL filtering, keyword filtering, and dynamic content filtering.

URL filtering- is filtering a particular URL or domain name identified as an objectionable site.

Keyword filtering- uses keywords or phrases such as sex, Satan, f***, b*tch, and gambling to trigger the blocking of web sites.

Dynamic content filtering- each website’s content is evaluated immediately before it is displayed by using image recognition and object analysis.

ANONYMITY

The principle of anonymous expression allows people to state their opinions without revealing their identity. The freedom to express an opinion without fear of reprisal is an important right of a democratic society. Anonymity is even more important in countries that don’t allow free speech. However, in the wrong hands, anonymous communication can be used as a tool to commit illegal or unethical activities.

ANONYMITY:ANONYMOUS

Anonymity at the wrong hands? Or not?

ANONYMITY: WAYS FOR BEING ANONYMOUS:

Anonymous RemailersMaintaining anonymity is a legitimate need for some Internet activities. Internet users who want to remain anonymous can send e-mail to an anonymous remailer service, where a computer program strips the originating address from the message. It then forwards the message to its intended recipient.

John Doe Lawsuitin a John Doe Lawsuit, the identity of the defendant is temporarily unknown. Such suits are common in the internet libel cases, where the defendant communicates using a pseudonym or anonymously.

NATIONAL SECURITY LETTER (NSL)

A NSL requires financial institutions to turn over electronic records about finances, telephone calls, e-mail, and other personal information of suspected terrorists or spies. Recent developments have expanded the scope and power of NSLs to the point that some believe they now represent a threat to freedom of speech.

PORNOGRAPHY

Many adults(also my classmates) and free-speech advocates believe that nothing is illegal or wrong about purchasing adult pornographic material made for and by consenting adults. But some are deeply concerned about its impact on children and fear that increasingly easy access to pornography encourages pedophiles and sexual molesters.

Today, the internet has been a boom to the pornography industry by providing fast, cheap and convenient access to more than 60,000 web sex sites.

About one in four regular Internet user (almost 21 million Americans) visits a Web sex site at least once a month- more than the number of visitors to web sports sites.

PORNOGRAPHY

Companies established steps that includes a computer usage policy that prohibits access to pornography sites, identifying those who violate the policy, and taking action against those users- no matter how embarrassing it is for the users or how harmful it might be for the company, because as long as they were taking reasonable steps to prevent pornography, they have a valid defense if they are subject to a sexual harassment lawsuit.

PORNOGRAPHYFree speech or something else?