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- Computer, Internet, Privacy
-
- INTERNET REGULATION: POLICING CYBERSPACE
-
- The Internet is a method of communication and a source
- of information that is becoming more popular among those who
- are interested in, and have the time to surf the information
- superhighway. The problem with this much information being
- accessible to this many people is that some of it is deemed
- inappropriate for minors. The government wants censorship,
- but a segment of the population does not. Legislative
- regulation of the Internet would be an appropriate function
- of the government.
- The Communications Decency Act is an amendment which
- prevents the information superhighway from becoming a
- computer "red light district." On June 14, 1995, by a vote
- of 84-16, the United States Senate passed the amendment. It
- is now being brought through the House of Representatives.1
- The Internet is owned and operated by the government,
- which gives them the obligation to restrict the materials
- available through it. Though it appears to have sprung up
- overnight, the inspiration of free-spirited hackers, it in
- fact was born in Defense Department Cold War projects of the
- 1950s.2 The United States Government owns the Internet and
- has the responsibility to determine who uses it and how it
- is used.
- The government must control what information is
- accessible from its agencies.
-
- This material is not lawfully available through
- the mail or over the telephone, there is no valid
- reason these perverts should be allowed unimpeded
- on the Internet. Since our initiative, the
- industry has commendably advanced some blocking
- devices, but they are not a substitute for
- well-reasoned law.4
- Because the Internet has become one of the biggest sources
- of information in this world, legislative safeguards are
- imperative.
- The government gives citizens the privilege of using
- the Internet, but it has never given them the right to use
- it.
-
- They seem to rationalize that the framers of the
- constitution planned & plotted at great length to
- make certain that above all else, the profiteering
- pornographer, the pervert and the pedophile must
- be free to practice their pursuits in the presence
- of children on a taxpayer created and subsidized
- computer network.3
- People like this are the ones in the wrong. Taxpayer's
- dollars are being spent bringing obscene text and graphics
- into the homes of people all over the world.
- The government must take control to prevent
- pornographers from using the Internet however they see fit
- because they are breaking laws that have existed for years.
- Cyberpunks, those most popularly associated with the
- Internet, are members of a rebellious society that are
- polluting these networks with information containing
- pornography, racism, and other forms of explicit
- information.
-
- When they start rooting around for a crime, new
- cybercops are entering a pretty unfriendly
- environment. Cyberspace, especially the Internet,
- is full of those who embrace a frontier culture
- that is hostile to authority and fearful that any
- intrusions of police or government will destroy
- their self-regulating world.5
- The self-regulating environment desired by the cyberpunks is
- an opportunity to do whatever they want. The Communications
- Decency Act is an attempt on part of the government to
- control their "free attitude" displayed in homepages such as
- "Sex, Adult Pictures, X-Rated Porn", "Hot Sleazy Pictures
- (Cum again + again)" and "sex, sex, sex. heck, it's better
- even better than real sex"6. "What we are doing is simply
- making the same laws, held constitutional time and time
- again by the courts with regard to obscenity and indecency
- through the mail and telephones, applicable to the
- Internet."7 To keep these kinds of pictures off home
- computers, the government must control information on the
- Internet, just as it controls obscenity through the mail or
- on the phone.
- Legislative regulations must be made to control
- information on the Internet because the displaying or
- distribution of obscene material is illegal.
-
- The courts have generally held that obscenity is
- illegal under all circumstances for all ages,
- while "indecency" is generally allowable to
- adults, but that laws protecting children from
- this "lesser" form are acceptable. It's called
- protecting those among us who are children from
- the vagrancies of adults.8
-
- The constitution of the United States has set regulations to
- determine what is categorized as obscenity and what is not.
-
- In Miller vs. California, 413 U.S. at 24-25, the
- court announced its "Miller Test" and held, at 29,
- that its three part test constituted "concrete
- guidelines to isolate 'hard core' pornography from
- expression protected by the First Amendment.9
-
- By laws previously set by the government, obscene
- pornography should not be accessible on the Internet.
- The government must police the Internet because people
- are breaking laws. "Right now, cyberspace is like a
- neighborhood without a police department."10 Currently
- anyone can put anything he wants on the Internet with no
- penalties. "The Communications Decency Act gives law
- enforcement new tools to prosecute those who would use a
- computer to make the equivalent of obscene telephone calls,
- to prosecute 'electronic stalkers' who terrorize their
- victims, to clamp down on electronic distributors of obscene
- materials, and to enhance the chances of prosecution of
- those who would provide pornography to children via a
- computer."
- The government must regulate the flow of information on
- the Internet because some of the commercial blocking devices
- used to filter this information are insufficient.
- "Cybercops especially worry that outlaws are now able to use
- powerful cryptography to send and receive uncrackable secret
- communications and are also aided by anonymous
- re-mailers."11 By using features like these it is
- impossible to use blocking devices to stop children from
- accessing this information. Devices set up to detect
- specified strings of characters will not filter those that
- it cannot read.
- The government has to stop obscene materials from being
- transferred via the Internet because it violates laws
- dealing with interstate commerce.
-
- It is not a valid argument that "consenting
- adults" should be allowed to use the computer BBS
- and "Internet" systems to receive whatever they
- want. If the materials are obscene, the law can
- forbid the use of means and facilities of
- interstate commerce and common carriers to ship or
- disseminate the obscenity.12
- When supplies and information are passed over state or
- national boundaries, they are subject to the laws governing
- interstate and intrastate commerce. When information is
- passed between two computers, it is subjected to the same
- standards.
- The government having the power to regulate the
- information being put on the Internet is a proper extension
- of its powers. With an information based system such as the
- Internet there is bound to be material that is not
- appropriate for minors to see. In passing of an amendment
- like the Communications Decency Act, the government would be
- given the power to regulate that material.
-
- BIBLIOGRAPHY
-
- Buerger, David. "Freedom of Speech Meets Internet Censors;
- Cisco Snubs IBM." Network World. Dialog Magazine
- Database, 040477. 31 Oct. 1994, 82.
-
- Diamond, Edwin and Stephen Bates. "...And Then There Was
- Usenet." American Heritage. Oct. 1995, 38.
-
- Diamond, Edwin and Stephen Bates. "The Ancient History of
- the Internet." American Heritage. Oct. 1995, 34-45.
-
- Dyson, Esther. "Deluge of Opinions On The Information
- Highway." Computerworld. Dialog Magazine Database,
- 035733. 28 Feb. 1994, 35.
-
- Exon, James J. "Defending Decency on the Internet."
- Lincoln Journal. 31 July 1995, 6.
-
- Exon, James J. "Exon Decency Amendment Approved by Senate."
- Jim Exon News. 14 June 1995.
-
- Exon, James J., and Dan Coats. Letter to United States
- Senators. 27 July 1995.
-
- Gaffin, Adam. "Are Firms Liable For Employee Net Postings?"
- Network World. Dialog Magazine Database, 042574. 20
- Feb. 1995, 8.
-
- Gibbs, Mark. "Congress 'Crazies' Want To Carve Up Telecom."
- Network World. Dialog Magazine Database, 039436. 12
- Sept. 1994, 37.
-
- Horowitz, Mark. "Finding History On The Net." American
- Heritage. Oct. 1995, 38.
-
- Laberis, Bill. "The Price of Freedom." Computerworld.
- Dialog Magazine Database, 036777. 25 Apr. 1994, 34.
-
- Messmer, Ellen. "Fighting for Justice On The New Frontier."
- Network World. Dialog Magazine Database, 028048. 11
- Jan. 1993, S19."Policing Cyberspace." U.S. News & World
- Report. 23 Jan. 1995, 55-60.
-
- Messmer, Ellen. "Sen. Dole Backs New Internet Antiporn
- Bill." Network World. Dialog Magazine Database,
- 044829. 12 June 1995, 12.
-
- "Shifting Into The Fast Lane." U.S. News & World Report.
- 23 Jan. 1995, 52-53.
-
- Taylor, Bruce A. "Memorandum of Opinion In Support Of The
- Communications Decency Amendment." National Law Center
- for Children & Families. 29 June 1995, 1-7.
-
- Turner, Bob. The Internet Filter. N.p.: Turner
- Investigations, Research and Communication, 1995.
-
- "WebCrawler Search Results." Webcrawler. With the query
- words magazines and sex. 13 Sept. 1995.
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