Computers in Communication and Constitutional Issues

Week 4

History of Communications

Oral - Speech in person Written - scribes, drawing, ….

To today’s printing and publishing

Photography Radio Film Television

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

Telecommunications

Two - way Radio Morse Code >Telegraph - giant

electro magnet Fax Telephone

Local and Main telephone exchanges

Mobile phone Satellite

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

Telecommunications

Radio One way and Two way

Television interactive TV Closed-circuit TV

Telecommunications

Radio waves Microwave link Optical fiber link Cable TV Electric land cable

Communications

Expands to computers Networks Internet Video conferencing

Communication TechnologiesCommunication Technologies

Print Media - newspapers, magazines, pamphlets

Broadcast - television, radio

Common Carriers - telephone, telegraph, postal system

How are computers used?

Print Media Word processing Printing presses

How are Computers used?

Broadcast Satellites

How are computers used?

Common Carriers

Constitutional IssuesConstitutional 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?

Print MediumPrint Medium

Strongest First Amendment protection

Fewer government constraints

BroadcastBroadcast

Highly regulated licenses standards of merit banned advertisements due to earlier monopoly

on market and early radio broadcasters

Common CarriersCommon Carriers

Universal access No control on content No responsibility Various organizations are

fighting control versus freedom issue

The InternetThe 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

First AmendmentFirst Amendment

Written for offensive and/or controversial speech and ideas

Restriction on the power of government, not individuals or private business

Offensive Speech in CyberspaceOffensive 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

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

LibelLibel

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

Pornography and CensorshipPornography and Censorship

Does exist on Internet But nothing not found

other places Most is on “Pay-for-use”

areas but many free areas

proof of age???

Guidelines for Illegal material on InternetGuidelines 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

Problems with thisProblems with this

What is a community on the Internet?

What state does it affect? What about distribution? Who is responsible? Who decides value?

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

Liability of Service ProvidersLiability 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

Effects of Policing by ProvidersEffects of Policing by Providers

Degrades services Gross invasion of privacy Almost impossible due to

large volume Enforce strictest standards Destroys “many to many”

Internet MonitoringInternet 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

MethodsMethods

“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

Is Net Censorship Effective?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

Bomb Making InformationBomb Making Information

Is it there? Is it valid? Who sees it? WHO really uses it?

Sexist, Racist, and Harassing Speech on-lineSexist, 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

Different Rules for InternetDifferent 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

Anonymity and PseudonymityAnonymity and Pseudonymity

Federalists Papers - 1787 - a set of 85 letters arguing for

adoption of new Constitution To limit power of Government Used pseudonym

Easy - remailers, encryption

RemailerRemailer

Pseudonym for the sender A record is maintained linking

the sender to the pseudonym A fully anonymous remailer

removes and destroys the sender’s return address - can’t get replies

Good and Bad UsesGood and Bad Uses

Anonymity provides protection retaliation embarrassment

Victims of violence or rape can talk freely

Supports whistle blowers ANY BAD??

IssuesIssues

Should anonymity be discouraged?

Should it be prohibited by policy?

Banned because of potential for illegal use?

First Amendment and CryptographyFirst Amendment and Cryptography

Government controls export restricts publication software is speech and

should not be on Net Issue of national security Supreme Court again

Hacker MagazinesHacker 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?

Fourth AmendmentFourth 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?