Computers in
Communication and
Constitutional Issues
Week 4
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 using lasers
 Microwaves
 Fiber optics
 ISDN- voice, data, and image
signal
 WAN’s and LAN’s
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
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
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
network access
 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 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 damaging reputations
 “Absence of Malice” exclusion
 Responsibility falls on the person
making the statement
 AND the “provider”
 Libraries and bookstores are not
responsible because of volume
Pornography and
Censorship
Does exist on Internet
But nothing not found
other places
Some is on “Pay-for-use”
areas but many free areas
 proof of age???
Guidelines for Illegal
material on Internet
 Based on court case Miller vs
California
 It depicts sexual acts that are
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?
Who decides value?
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
 Supreme Court again
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
 Really Not Possible
Effects of Policing by
Providers
Degrades services
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?
 Is it still a big issue?
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
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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
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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
 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 rape 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
 Supreme Court again
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?