Computers in Communication and Constitutional Issues Chapter 6 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 ? laser beam ? Microwaves ? Fiber optics ? ISDN- voice, data, and image signal 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 The Future ? Use TV for everything ? Instant access Communication 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 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 Medium ? Strongest First Amendment protection ? Fewer government constraints Broadcast ? Highly regulated ? licenses ? standards of merit ? banned advertisements ? due to earlier monopoly on market and early radio broadcasters Common Carriers ? Universal access ? No control on content ? No responsibility ? Various organizations are fighting control versus freedom issue The Internet ? Similar to many types of communication ? Internet lets us all be publishers. ? All you need is a computer and a modem ? Internet is a many to many medium ? versus one to one of telephone ? One to many of radio First Amendment ? Written for offensive and/or controversial speech and ideas ? Restriction on the power of government, not individuals or private business 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 Communications Decency Act of 1996 ? Initiated by Exon 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 Libel ? A person can be sued for damages for saying something in print that is false ? Damages victim's reputation ? Responsibility falls on the person making the statement ? AND the "provider" ? Libraries and bookstores are not responsible because of volume of text Pornography and Censorship ? Does exist on Internet ? But nothing not found other places ? Most is on "Pay-for-use" areas ? proof of age Guidelines for Illegal material on Internet ? Based on court case Miller vs California ? It depicts sexual acts whose depiction is 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 this ? What is a community on the Internet? ? What state does it affect? ? What about distribution? ? Who is responsible? 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 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 Providers ? Degrades services ? Gross invasion of privacy ? Almost impossible due to large volume ? Enforce strictest standards ? Destroys "many to many" 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 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 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 Information ? Is it there? ? Is it valid? ? Who sees it? ? WHO really uses it? 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 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 Anonymity 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 ? Remailer Remailer ? 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 Uses ? Anonymity provides protection ? retaliation ? embarrassment ? Victims of violence or people can talk freely ? Supports whistle blowers ? ANY BAD?? Issues ? Should anonymity be discouraged? ? Should it be prohibited by policy? ? Banned because of potential for illegal use? First Amendment and Cryptography ? Government controls export ? restricts publication ? software is speech and should not be on Net ? Issue of national security 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? 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?