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Regulating speech

Regulating speech. How the Net changes attitudes and assumptions, and creates new societal tensions. and unintended consequences. internet service providers. internet service providers. regulation. source. the “cloud”. destination. The First Amendment.

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Regulating speech

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  1. Regulating speech How the Net changes attitudes and assumptions, and creates new societal tensions and unintended consequences Harvard Bits

  2. internet service providers internet service providers regulation source the “cloud” destination Harvard Bits

  3. The First 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. Harvard Bits

  4. Miller Test for obsenity • Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law, and • Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, and • Whether the work, taken as a whole, lacks serious scientific, literary, artistic, or political value. • US Supreme Court, Miller v. California (1973) Harvard Bits

  5. The nastiest place on earth Harvard Bits

  6. Bob & Carleen Agent Dirmeyer Harvard Bits

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  9. July 3, 1995 Harvard Bits

  10. What the Carnegie Mellon researchers discovered was: THERE’S AN AWFUL LOT OF PORN ONLINE. In an 18-month study, the team surveyed 917,410 sexually explicit pictures, descriptions, short stories, and film clips. On those Usenet newsgroups where digitized images are stored, 83.5% of the pictures were pornographic. Harvard Bits

  11. Georgetown Law Journal, June 1995 Harvard Bits

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  17. Communications Decency Act (2/ 96)“Display provision” • Whoever ... • (1) in interstate or foreign communications knowingly ... 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, regardless of whether the user of such service placed the call or initiated the communication; or... Harvard Bits

  18. Communications Decency Act (2/96) “Display provision” • (2) knowingly permits any telecommunications facility under such person's control to be used for an activity prohibited by paragraph (1) ... • shall be fined under title 18, United States Code, or imprisoned not more than two years, or both. Harvard Bits

  19. regulation internet service providers source the cloud ? internet service providers destination Harvard Bits

  20. http://www.flickr.com/photos/joi/835393447/ Harvard Bits

  21. http://www.flickr.com/photos/joi/835393447/ Harvard Bits

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  25. COPA (Child Online Protection Act, 1998) • E-commerce Directive (2000/31/EC), Harvard Bits

  26. Source: JOLT Harvard Bits

  27. Why COPA is Unconstitutional • Not narrowly tailored: “Minor” too broadly defined • Defenses available to publishers -- credit cards -- too restrictive • Gov’t failed to show that filtering tools won’t do the job Harvard Bits

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  29. regulation internet service providers source the cloud ? ? ? internet service providers destination Harvard Bits

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