Freedom of
Expression
Week 5
Ethics in Information Technology
Objectives
• As you read this chapter, consider the following questions:
• 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?
Freedom of Expression: Key Issues
1) Controlling Access to Information on the Internet
2) Internet Censorship
3) Strategic Lawsuit Against Public Participation
4) Anonymity on the Internet
5) John Doe Lawsuits
6) Defamation & Hate Speech
7) Pornography on the Internet
8) Fake News
3
1) Controlling Access to Information on the Internet
• Freedom of speech on the Internet is complicated by ease by which children can access
Internet
• Communications Decency Act (CDA)
• Aimed at protecting children from pornography
• Broad language and vague definition of indecency
• Found unconstitutional in 1997
• Child Online Protection Act (COPA)
• Applies to communication for commercial purposes
• Imposes penalties for exposing minors to harmful material on the Web
• Found unconstitutional in 2004
• Internet filtering
• Software installed with a Web browser
• Blocks access to certain Web sites deemed to contain inappropriate or offensive material
4
Screenshot of Safe Eyes from Internet Safety
5
1) Controlling Access to Information on the Internet
• Children’s Internet Protection Act (CIPA)Communications Decency Act (CDA)
• Federally financed schools and libraries must block computer access to: Obscene material, Pornography, Anything
considered harmful to minors
• Schools and libraries subject to CIPA do not receive Internet access discounts unless they:
• Put in place measures to filter pictures that are obscene, contain child pornography, or are harmful to minors
• Adopt a policy to monitor the online activities of minors
• Adopt a policy restricting minors’ access to materials harmful to them
• CIPA does not require the tracking of Internet use by minors or adults
• Acceptable use policy agreement is an essential element of a successful program in schools
• Signed by: Students, Parents, Employees
• Difficulty implementing CIPA in libraries because their services are open to people of all ages
• Including adults with First Amendment rights
• CIPA has been upheld as constitutional by U.S. Supreme Court (U.S. v American Library Association)
• URL filtering
• Blocks objectionable URLs or domain names
• Keyword filtering
• Blocks keywords or phrases
• Dynamic content filtering
• Web site’s content is evaluated immediately before being displayed
• Uses
• Object analysis
• Image recognition
6
1) Controlling Access to Information on the Internet
• Top-rated Internet filters for home users • Digital Millennium Copyright Act (DMCA)
• NetNanny Parental Controls • The Online Copyright Infringement Liability
Limitation Act, provides limitations on the
• PureSight PC
liability of an ISP for copyright infringement
• CYBERsitter that can arise when an ISP subscriber posts
• SafeEyes copyrighted material, such as: audio tracks,
• CyberPatrol videos, books, and news articles on the
• ICRA rating system Internet.
• Questionnaire for Web authors • Adding a new Section 512, which says that:
• Generates a content label an ISP cannot be held liable for copyright
• Platform for Internet Content Selection infringement if, when notified by the
(PICS) copyright holder, it notifies the subscriber of
• Users configure browsers to read the label the alleged infringement and executes a
• Relies on Web authors to rate their site “takedown” by removing the offending
• Complement to other filtering techniques content.
• ISP blocking • The fact that the content was created by
• Blocking is performed on the ISP server user, or in the case of a photo or video the
subject is user, can be sufficient enough to
• ClearSail/[Link] prevents access to
request a takedown.
certain Web sites
7
2) Internet Censorship
• Internet censorship is the control or suppression of the publishing or accessing of information
on the Internet.
• Speech on the Internet
requires a series of
intermediaries to reach its
audience (see Figure) with
each intermediary
vulnerable to some degree
of pressure from those who
want to silence the speaker.
• Immediate takedown of
hosted material that is
deemed inappropriate or
illegal by government,
• Limit access to certain websites, allow access to only some content or modified content at certain
websites, reject the use of certain keywords in search engines, and track and monitor the Internet
activities of individuals.
8
2) Internet Censorship
• Several countries have enacted the so-called three-strikes laws that require ISPs to terminate a
user’s Internet connection once that user has received a number of notifications of posting of
content deemed inappropriate or illegal.
• Censorship on Domain Name System (DNS) servers, which convert human-readable host and
domain names into the machine-readable, numeric Internet Protocol (IP) addresses that are used to
point computers and other devices toward the correct servers on the Internet. Where authorities
have control over DNS servers, officials can “deregister” a domain that hosts content that is deemed
inappropriate or illegal so that the website is effectively invisible to users seeking access to the site.
• Examples: Internet censorship. The Chinese government blocks access to websites that discuss any
of a long list of topics that are considered objectionable—including the Buddhist leader the Dalai
Lama, anything to do with the government crackdown on the 1989 Tiananmen Square protests, and
the banned spiritual movement Falun Gong. Chinese websites also employ censors who monitor and
delete objectionable content. The government even hires workers to post comments favorable to the
government
9
3) Strategic Lawsuit Against Public Participation (SLAPP)
• SLAPP is employed by corporations, government officials, and others against citizens and
community groups who oppose them on matters of public interest.
• SLAPPs are designed to silence critics through intimidation, not to win a case on its merits. The
goal is to overwhelm the defendant with the costs and stress of a legal battle.
• The lawsuit is used to intimidate critics out of fear of the cost and efforts associated with a major
legal battle. Many question the ethics and legality of using a SLAPP; others claim that all is fair
when it comes to politics and political issues.
• The plaintiff in a SLAPP claimed the government intends to censor their critics and cannot present
themselves to the court because it would reveal the true, ulterior motive of the lawsuit, which is
not to win on the merits but to intimidate and silence the defendant through the burden of a legal
defense. Admitting this intent would be self-defeating, as it would expose the lawsuit as a form of
censorship, not a legitimate legal action, and would allow the court to see the case for what it is.
• The plaintiff attempts to obscure their true motive to avoid having the case dismissed as a
frivolous or retaliatory lawsuit. Admitting their intent to censor would be the opposite of this
strategy.
10
3) Strategic Lawsuit Against Public Participation (SLAPP)
• Anti-SLAPP laws are statutes designed to protect individuals and organizations from strategic lawsuits (SLAPP), filed to silence
them for exercising their right to free speech and participation in public matters.
• SLAPP lawsuits are typically baseless and are used to intimidate and harass those who speak out on public issues, such as
environmental concerns, but also more broadly in areas involving free speech, press, and petitioning the government
• How anti-SLAPP laws work:
• They provide a way to get a lawsuit dismissed early if it's deemed a SLAPP suit.
• They aim to prevent lawsuits from being used as a tool to silence or punish individuals for speaking out on matters of
public interest.
• They can protect a wide range of people, including journalists, activists, and ordinary citizens, from harassment through
costly legal proceedings.
• These laws are not a one-size-fits-all solution; their specific protections and procedures can vary significantly from one
state to another.
• Examples:
• Defamation: lawsuits against news organizations or individuals for publishing articles or statements that are considered
defamatory.,
• Public participation: Lawsuits against people who petition the government, report wrongdoing, or engage in other forms of
public discourse.
• Environmental advocacy: Lawsuits against environmental activists who speak out against harmful projects or practices.
11
4) Anonymity on the Internet
• Anonymous expression is expression of opinions by people who do not reveal their identity
• Freedom to express an opinion without fear of reprisal is an important right in democratic
society
• Anonymity is even more important in countries that do not allow free speech
• Played important role in early formation of U.S.
• In the wrong hands, it can be a tool to commit illegal or unethical activities
• Anonymous remailer service
• Computer program that strips the originating address from the email message
• Forwards the message to the intended recipient
• Ensures no header information can identify the author
• Keeps what is communicated anonymous
• What is communicated and whether it is ethical or unethical, legal or illegal, is up to the sender
12
5) John Doe lawsuit
• Defendant communicates using a pseudonym or anonymously so identity of defendant is
temporarily unknown
• Common in Internet libel cases
• Once John Doe lawsuit is filed, the company may request court permission to issue
subpoenas
• ISPs frequently subpoenaed to provide the identity of anonymous “John Does”
• Anonymity on the Internet cannot be guaranteed
13
6) Defamation and Hate Speech
• Hate speech that can be prosecuted includes:
• Clear threats and intimidation against specific citizens
• Sending threatening private messages over the Internet to a person
• Displaying public messages on a Web site describing intent to commit acts of hate-motivated violence
against specific individuals
• Libel directed at a particular person
• Many ISPs reserve right to remove content that does not meet their standards
• Such actions do not violate the subscriber’s First Amendment rights because these prohibitions are
in the terms of service
• ISPs must monitor the use of their service
• Take action when terms are violated
• Public schools and universities are legally considered agents of the government and must follow
the First Amendment prohibition against speech restrictions
• Corporations, private schools, and private universities not part of state or federal government
• May prohibit students, instructors, and employees from engaging in offensive speech
14
7) Pornography
• The Internet has been a boon to the pornography industry
• More than 4.2 million porn Web sites are accessible
• The sites generate an estimated $1 to $7 billion a year in revenue
• 72 million estimated visitors to porn Web sites monthly
• Individuals free to produce and publish what they want; however, if what they distribute is
judged obscene, they are subject to prosecute
• California v Miller set precedent for what is obscene
• Many organizations take steps to stop access in the workplace
• Establishing a computer usage policy that prohibits access to pornography sites
• Identifying those who violate the policy
• Taking action against those users
• Failure to take action against pornography could result in sexual harassment lawsuit
15
7) Pornography
• Numerous federal laws address child pornography
• Federal offense to produce or distribute
• Most states outlaw possession as well
• At least seven states require computer technicians to report child pornography on clients’
computers
• Sexting is sending of sexual messages, nude or seminude photos, or sexually explicit videos
over a cell phone
• Fast-growing trend
• CAN-SPAM Act
• Specifies requirements that commercial retailers must follow when sending messages
• Each violation can result in $250 - $750 fine
• Federal Trade Commission charged with enforcing the act, but has not done so effectively
• Deterrent in fighting the dissemination of pornography
16
8) Fake News
• Blogs
• Bloggers often report on things about which they are very passionate. As a result, they may be less
likely to remain unbiased, instead stating their opinion and supporting facts without presenting the
other side of an argument.
• Many bloggers pride themselves on their lack of objectivity, instead viewing themselves as activist for a
particular cause or point of view.
• Some organizations allow employees to create their own personal blogs to: a) reach out to partners,
customers, and employees, and also b) improve their corporate image,
• Blogs can provide uncensored commentary and interaction, criticism of corporate policies and
decisions,
• Could involve risk that employees might reveal company secrets, and breach federal security disclosure
laws
• Fake news sites
• Attempt to imitate real news sites, often modifying real news stories in such a way as to entice viewers
into clicking on them,
• Fake news sites simply create entirely fictitious “news” stories and present them as fact
17
8) Fake News
• Social media sites
• Ordinary citizens are increasingly involved in the collection, reporting, analysis, and dissemination of news,
opinions, and photos, which are then posted to various social media sites,
• Citizen journalists are “on the spot” and able to report on breaking news stories before traditional news reporters.
• The negative, it does not always promote accuracy, clarity, and objectivity. Because reports, images, opinions,
and videos shared via social media often spread like wildfire, they can sometimes cause confusion,
misunderstanding, and controversy, rather than bringing clarity to a situation.
• Examples of headlines from such “fake news” online stories:
• “Pope Francis shocks world, endorses Donald Trump for president”
• “WikiLeaks confirms Hillary sold weapons to ISIS”
• “FBI agent suspected in Hillary email leaks found dead in apparent murder-suicide”
• The real journalists adhere to certain standards, such as: fact checking, identifying and verifying sources,
presenting opinions on both sides of an issue, and avoiding libelous statements.
• There are many legitimate online journalists who produce high-quality, evidence-based reporting, too
often, online reporting stresses immediacy, speed, sensationalism, and the need for post-publication
correction.
18
19
Summary
• Key issues
• Controlling Access to Information on the Internet
• Internet Censorship
• Strategic Lawsuit Against Public Participation
• Anonymity on the Internet
• John Doe Lawsuits
• Defamation & Hate Speech
• Pornography on the Internet
• Fake News
20
VISI UNIVERSITAS BINA DARMA MISI UNIVERSITAS BINA DARMA
1. Menyelenggarakan program pendidikan yang berstandar Universitas
Menjasi Universitas internasional binadarma
Berstandar Internasional 2. Menyelenggarakan proses pembelajaran yang berstandar
Berbasis Teknologi Informasi internasional nelalui pemanfaatan teknologi informasi binadarmatv
pada Tahun 2026 3. Membangun komunitas intelektual yang berkualitas
4. Melaksanakan penelitian yang berstandar internasional @UBD_Palembang
5. Melakukan pengabdian guna meningkatkan kemandirian
masyarakat
(0711) 515582
[Link] 6. Menyelenggarakan kerjasama dengan pihak lain yang saling