5e

Ethics in Information Technology

Chapter 5
Freedom of Expression
George W. Reynolds
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Learning Objectives
 What is the basis for the protection of freedom of
expression in the United States, and what types of
expression are not protected under the law?
 What are some key federal laws that affect online
freedom of expression, and how do they impact
organizations?
 What important freedom of expression issues
relate to the use of information technology?

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First Amendment
 Protects Americans’ rights to freedom of religion
and freedom of expression
 Freedom of speech - Nonverbal, visual, and
symbolic forms of expression
 Right to speak anonymously
 Does not protect:
 Perjury and fraud
 Defamation and obscene speech
 Incitement of panic and incitement to crime
 Fighting words and sedition
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Obscene Speech
 Miller v. California
 Established a test to determine if material is obscene
 Speech can be considered obscene if the:
 Average person finds that the work, taken as a whole,
appeals to the prurient interest
 Work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable state
law
 Work, taken as a whole, lacks serious literary, artistic,
political, or scientific value

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Defamation
 Statement of alleged fact that is false and that
harms another person
 Slander: Oral defamatory statement
 Libel: Written defamatory statement

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Controlling Access to Information on
the Internet
 Telecommunications Act: Purpose was to allow
freer competition among phone, cable, and TV
companies
 Communications Decency Act (CDA): Title V
of the Telecommunications Act that aimed at
protecting children from pornography
 Section 230 of the CDA: Provides immunity to an
Internet service provider (ISP) that publishes user-
generated content
 Provided its actions do not rise to the level of a content
provider
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Controlling Access to Information on
the Internet
• Child Online Protection Act (COPA): Imposes
penalties for exposing minors to harmful material on
the Web
 Ruled as unconstitutional by the Supreme Court
 Internet filter: Software that blocks access to
certain Web sites that contain material deemed
inappropriate or offensive
 Uses a combination of URL, keyword, and dynamic content
filtering

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Controlling Access to Information on
the Internet
 Children’s Internet Protection Act (CIPA)
 Requires federally financed schools and libraries to block
computer access to obscene material, pornography, and
anything else harmful to minors
 Criticisms
 Transferred power over education to software companies
who develop the Internet filters
 Some filters are ineffective
 Penalties resulting in a loss of federal funds would lead to a
less capable version of the Internet for students at poorer
schools

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Internet Censorship
 Control of the publishing or accessing of
information on the Internet
 Forms
 Limiting access to certain Web sites
 Allowing access to only some content or modified content
at certain Web sites
 Rejecting the use of certain keywords in search engine
searches
 Tracking the Internet activities of individuals
 Jailing individuals for their Internet use

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Strategic Lawsuit Against Public
Participation (SLAPP)
 Employed by corporations, government officials,
and others against citizens and community groups
who oppose them on matters of public interest
 Anti-SLAPP laws: Designed to reduce frivolous
SLAPPs
 Quickly identify if there are any merits to the lawsuit,
helping keep lawyer fees to a minimum

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Anonymity on the Internet
Anonymous expression

• Opinions expressed by people who do not reveal their

identity

Doxing

• Examination of Internet records in order to reveal the

identity of an anonymous poster

Anonymous remailer service

• Strips originating header and/or IP number from emails

before sending the message to its intended recipient
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John Doe Lawsuit
 Filed by an aggrieved party against a defendant
whose identity is temporarily unknown
 Because he or she is communicating anonymously or
using a pseudonym
 Plaintiff can request court permission to issue
subpoenas to command a person to appear under
penalty
 If permission is granted, subpoenas can be served on any
third party that may have information about the true
identity of the defendant

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John Doe Lawsuit
 When the identity becomes known, the complaint
is modified to show the correct name of the
defendant
 Subpoena should be enforced only if:
 It was issued in good faith and not for any improper
purpose
 The information sought related to a core claim or defense
 The identifying information was directly and materially
relevant to the claim or defense
 Adequate information was unavailable from any other
source
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Hate Speech
 Persistent or malicious harassment aimed at a
specific person
 Most ISPs reserve the right to remove content that
does not meet their standards
 Public schools and universities follow the First
Amendment as they are agents of the government
 A U.S. citizen who posts material on the Web that
is illegal in a foreign country can be prosecuted if
he subjects himself to that country’s jurisdiction

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Pornography
 There is no clear agreement within the courts on
whether local or national community standards are
to be used to judge obscenity
 Companies must take reasonable steps to prevent
pornography in the workplace
 Establish and communicate an acceptable use policy that
prohibits access to pornography sites
 Identify those who violate the policy and take
disciplinary action against them

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Pornography
 Possession of child pornography is a federal
offense punishable by up to five years in prison
 Some states require computer technicians who discover
child pornography on clients’ computers to report it to
law enforcement officials
 Sexting: Sending sexual messages, nude or
seminude photos, or sexually explicit videos over a
cell phone
 Sexters face prosecution for child pornography

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Controlling the Assault of Non-Solicited Pornography
and Marketing (CAN-SPAM) Act
 Specifies requirements that commercial emailers
must follow when sending messages to advertise or
promote a commercial product or service
 Key requirements
 From and To fields in the email and the originating
domain name and email address must be accurate
 Subject line of the email cannot mislead the recipient as
to the contents or subject matter of the message
 If the message contains sexually-oriented material, the
phrase “SEXUALLY-EXPLICIT” must appear in capital
letters in the subject line
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Controlling the Assault of Non-Solicited Pornography
and Marketing (CAN-SPAM) Act
 Email must be identified as an advertisement and include
the sender’s physical postal address
 Emailer must provide a return email address to enable
the recipient to request no future emails
 Emailer must honor an opt-out request in 10 days
 Additional rules prohibit:
 Harvesting of email addresses from Web sites
 Using automated methods to register for multiple email
accounts
 Relaying email through another computer without the
owner’s permission
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Summary
 First Amendment protects the right to:
 Freedom of religion and expression
 Does not protect obscene speech, defamation
 Key issues
 Controlling access to Internet information, especially for
children
 Anonymous communication
 Spread of defamation and hate speech
 Access to pornography
 CAN-SPAM Act limitations on email messages
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