The document discusses key issues relating to freedom of expression and the use of information technology. It covers the legal basis for free speech protections in the US and exceptions like obscenity, defamation, and incitement. The document also examines challenges posed by the internet regarding controlling access to information, anonymity, censorship, defamation, hate speech, and pornography.

1. Ethics in Information
Technology, Second Edition
Chapter 5
Freedom of Expression

2. Ethics in Information Technology, Second Edition 2
Objectives
• What is the legal basis for the protection of freedom
of speech in the United States, and what types of
speech are not protected under the law?
• In what ways does the Internet present new
challenges in the area of freedom of expression?
• What key free-speech issues relate to the use of
information technology?

3. Ethics in Information Technology, Second Edition 3
Free Speech and Limits
• “I disapprove of what you say, but I will defend
to death your right to say it!” – biographer of
Francois Voltaire
• "The most stringent protection of free speech
would not protect a man falsely shouting fire in
a theater and causing a panic." -- Justice Oliver
Wendell Holmes, Jr., in 1919, United States
Supreme Court

4. Ethics in Information Technology, Second Edition 4
Freedom of expression &
First Amendment Rights
• Right to freedom of expression
– Important right for free people everywhere
– Guaranteed by the First Amendment in USA
• Definition of free speech includes
– Nonverbal, visual, and symbolic forms of expression
– Right to speak anonymously

5. Ethics in Information Technology, Second Edition 5
First Amendment Rights (continued)
• Not protected by the First Amendment
– Obscene speech
– Defamation
– Incitement of panic
– Incitement to crime
– “Fighting words”
– Sedition

6. Ethics in Information Technology, Second Edition 6
Obscene Speech
• Speech is considered obscene when
– Average person finds the work appeals to the
prurient interest
– Work depicts or describes sexual conduct in an
offensive way
– Lacks serious literary, artistic, political, or scientific
value

7. Ethics in Information Technology, Second Edition 7
Defamation
• Publication of a statement of alleged fact that is
– False
– Harms another person
• Harm is often of a financial nature
• Slander
– Oral defamatory statement
• Libel
– Written defamatory statement

8. Ethics in Information Technology, Second Edition 8
Offensive Speech and
Censorship in Cyberspace
• What is offensive speech?
– Political or religious speech.
– Pornography.
– Racial slurs.
– Nazi materials.
– Abortion information.
– Depictions of violence
– How to make Bombs
– Alcohol ads.

9. Ethics in Information Technology, Second Edition 9
Freedom of Expression: Key Issues
• Controlling access to information on the Internet
• Anonymity
• Defamation
• Hate speech
• Pornography

10. Ethics in Information Technology, Second Edition 10
Controlling Access to Information on
the Internet
• Material Inappropriate for Children
– Technology Changes the Context
• On the Web, children have access to the same
‘adult’ text, images, videos, etc. as adults.
• Online proprietors don’t know the customer is not
an adult.
– Protecting Children
• It is illegal to create, possess or distribute child
pornography, regardless of the medium.

11. Ethics in Information Technology, Second Edition 11
Controlling Access to Information on
the Internet
• Material Inappropriate for Children
– There is no doubt that there is material on the Web
that most people would consider inappropriate for
children.
– There is much on the Web that is extremely
offensive to adults.
– It is not surprising that some people see the Internet
as a scary place for children.

12. Ethics in Information Technology, Second Edition 12
Controlling Access to Information on
the Internet
• Censorship Laws
– Communications Decency Act (CDA, 1996)
• Publicity and public pressure lead Congress to pass
this act.
• Anyone who made available to anyone under 18 any
communication that is obscene or indecent would be
subject to a $100,000 fine and two years in prison.
• In 1997, the CDA was ruled unconstitutional because
it was too vague and too broad in protecting children
online and because less restrictive means are
available.

13. Ethics in Information Technology, Second Edition 13
Controlling Access to Information on
the Internet
• Censorship Laws (cont’d)
– Child Online Protection Act (COPA, 1998)
• Commercial Web sites that make available to
minors materials “harmful to minors”, as
judged by community standards would be
subject to a $50,000 fine and six months in
jail.
• In 2000 and 2003, COPA was ruled
unconstitutional by a federal court.

14. Ethics in Information Technology, Second Edition 14
Controlling Access to Information on
the Internet
• Censorship Laws (cont’d)
– Children’s Internet Protection Act (CIPA, 2000)
• Any school or library receiving federal Internet
funds must install filtering software on all Internet
terminals.
• Filters must block sites containing child
pornography, obscene material, and any material
deemed “harmful to minors.”
• A federal appeals court ruled a major part of CIPA
unconstitutional in 2002 but the Supreme Court
upheld the law in 2003.

15. Ethics in Information Technology, Second Edition 15
Controlling Access to Information on
the Internet
• Internet Access in Libraries and Schools
– Filtering Software
• Benefit: prevent access to inappropriate material on the
Internet by screening words or phrases, blocking sites
according to rating system, or disallowing access to
specific sites in a list.
• Problems: can be ineffective—kids get around the filters;
the words, phrases, rating systems, etc. are subjective;
“banned” keywords can be overly restrictive for adult
users and for legitimate use by minors.

16. Ethics in Information Technology, Second Edition 16
Controlling Access to Information on
the Internet
– Filtering Software
• URL filtering
– Blocks URLs or domain names
• Keyword filtering
– Blocks key words or phrases
• Dynamic content filtering
– Web site’s content is evaluated immediately before
being displayed
– Uses
» Object analysis
» Image recognition

17. Ethics in Information Technology, Second Edition 17
Controlling Access to Information on
the Internet (continued)
• Popular Internet filters
– ContentProtect
– CYBERsitter
– NetNanny
– CyberPatrol
– HateFilter

18. Ethics in Information Technology, Second Edition 18
Controlling Access to Information on
the Internet (continued)
• ICRA rating system
– Questionnaire for Web authors
– Generates a content label
• Uses Platform for Internet Content Selection (PICS)
standard
– Users can configure browsers to read the label to
block content
– Relies on Web authors to rate their site
– Complement to other filtering techniques

19. Ethics in Information Technology, Second Edition 19
Controlling Access to Information on
the Internet (continued)
• ISP blocking
– Blocking is performed on the ISP server
– ClearSail/Family.NET prevents access to certain
Web sites

20. Ethics in Information Technology, Second Edition 20
Legal Overview: Children’s Internet
Protection Act (CIPA)
• 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
certify that Internet safety measures are in place
– Required to adopt a policy to monitor the online
activities of minors

21. Ethics in Information Technology, Second Edition 21
Legal Overview: Children’s Internet
Protection Act (CIPA) (continued)
• 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

22. Ethics in Information Technology, Second Edition 22
Anonymity
• Principle of anonymous expression
– People can state opinions without revealing their
identity
– In the wrong hands, it can be a tool to commit illegal
or unethical activities

23. Ethics in Information Technology, Second Edition 23
Anonymity
• Common Sense and the Internet
– Early publications by some of our Founding
Fathers were published under pseudonyms.
– Jonathon Swift published his humorous and biting
political satire Gulliver’s Travels anonymously.
– In the nineteenth century, when it was not
considered proper for women to write books,
women writers such as Mary Ann Evans published
under male pseudonym.
– Today, there are publications on the Net that are
posted anonymously.

24. Ethics in Information Technology, Second Edition 24
Anonymity
• Common Sense and the Internet
– Whistleblowers may choose to release information
via anonymous postings.
– To send anonymous e-mail, one sends the
message to a remailer service, where the return
address is stripped off and the message is resent
to the intended recipient.
– Several businesses, like Anonymizer.com and
Zero-Knowledge Systems, provide a variety of
sophisticated tools and services that enable us to
send e-mail and surf the Web anonymously.

25. Ethics in Information Technology, Second Edition 25
Defamation and Hate Speech
• Actions that can be prosecuted include
– 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
– Libel directed at a particular person

26. Ethics in Information Technology, Second Edition 26
Defamation and Hate Speech
(continued)
• Some ISPs voluntarily agree to prohibit subscribers
from sending hate messages
– Does not violate subscribers’ First Amendment rights
– ISPs must monitor the use of their service
– Take action when terms are violated

27. Ethics in Information Technology, Second Edition 27
Pornography
• The Internet has been a boon to the pornography
industry
– More than 60,000 Web sex sites are accessible
– The sites generate at least $1 billion a year in
revenue
• CAN-SPAM Act
– Deterrent in fighting the dissemination of
pornography

28. Ethics in Information Technology, Second Edition 28
Pornography (continued)
• Reasonable steps to stop access in the workplace
– Establishing a computer usage policy
• Prohibiting access to pornography sites
– Identifying those who violate the policy
– Taking action against those users
• Numerous federal laws address child pornography
– Federal offense

29. Ethics in Information Technology, Second Edition 29
Manager’s Checklist for Handling Freedom
of Expression in the Workplace

30. Ethics in Information Technology, Second Edition 30
Summary
• First Amendment protects the right to
– Freedom of religion
– Freedom of expression
• Key issues:
– Controlling access to Internet information
– Anonymous communication
– Spread of defamation and hate speech
– Access to pornography