The Hacker's Encyclopedia 1998/hackers_encyclopedia.iso/hacking/internet/intcens4.txt

Text File | 2003-06-11 | 14.1 KB | 296 lines

 Subj : Getting Around Usenet Censors (part IV)
────────────────────────────────────────────────────────────────────────────────
* Forwarded (from: libernet) by Ken Wiebe using timEd 1.01.
From: Vernon Imrich <[e-mail]>
Reply-To: [e-mail]

[FAQ continues]
Chapter 3: Ethics of Banned Newsgroups

3.1 What is a "banned newsgroup"?

    A "banned newsgroup" in the strictest sense of the phrase would be a
newsgroup to which access has been denied because of the content of material in
that newsgroup.  However, in this faq, I use a looser sense of the phrase:
basically, any newsgroup to which access is impossible, difficult through normal
methods, or restricted in any way.

3.2 Should news administrators be allowed to ban newsgroups?

    It is becoming clearer and clearer in this information age that newsgroups
(and all electronic communication) are analogous to libraries.  Because of this,
the rules and ethics that apply to libraries should be applied to newsgroups.

    Carl M. Kadie has done some wonderful work on archiving and analyzing
information relating to computer freedom; much of the information in this
document, especially that relating to the "newsgroups as libraries" analogy, is
his.  See below on how to access his huge archive.

    Without going into legalities, there are some important reasons that news
administrators would not want to provide access to certain news groups.  These
reasons include, but are not limited to:

    - Size limitations.  Certain news groups are just too large to provide
access to without severely limiting other newsgroups.
    - A limited feed.  For example, a company or school may wish to only allow
newsgroups related to their company or school.  However, this does not allow
them to only pick and choose from the remaining newsgroups.
    Of course, there are some reasons that are generally not considered valid.
These reasons include, but are not limited to:

    - Copyright violations.  A library (or bookstore, or the phone company) can
not be expected to scan every article (or book, or communication) for illegal
material.
    - Content of newsgroups.  If you are willing to accept the "newsgroup as a
library" paradigm, you can not allow or deny access to newsgroups based on
content.

    The American Library Association (ALA) has said:

[BEGIN EXCERPTS FROM INCLUDED FILE: 5]
    "The library is one of the great symbols of our democracy.  It is a living
embodiment of the First Amendment because it includes voices of dissent."1
Libraries of all types adhere to this ideal ... It is essential to this purpose
that the library function as neutral ground in that marketplace.
Viewpoint-based discrimination has no place in ... library collections or
services; for the library to espouse partisan causes or favor particular
viewpoints violates its mission.

    Libraries serve the function of making ideas and information available to
all members of the society, without discrimination.

    The right of free access to information for all individuals is basic to all
library service.  The central thrust of the LIBRARY BILL OF RIGHTS is to protect
and encourage the free flow of information and ideas.  Article 5 protects the
rights of an individual to use a library regardless of origin, age, background,
or views.  The American Library Association urges all libraries to set policies
and procedures that reflect the basic tenets of the LIBRARY BILL OF RIGHTS,
within the framework of Constitutional imperatives and limitations.

1. Richard R. Kreimer v. Bureau of Police for the Town of
Morristown, et. al., ___ F. Supp. ___ (No. 90-554, May 22, 1991). [END EXCERPTS
FROM INCLUDED FILE]

    The Bill of Rights (from the ALA) reads, in part:

[BEGIN EXCERPTS FROM INCLUDED FILE: 6]
    The American Library Association affirms that all libraries are forums for
information and ideas, and that the following basic policies should guide their
services.

     Libraries should provide materials and information presenting all points of
view on current and historical issues.  Materials should not be proscribed or
removed because of partisan or doctrinal disapproval.

     Libraries should cooperate with all persons and groups concerned with
resisting abridgment of free expression and free access to ideas.

     A person's right to use a library should not be denied or abridged because
of origin, age, background, or views.
[END EXCERPTS FROM INCLUDED FILE]

    Moreover, it is not only the right thing to do to allow access to these
newsgroups; according the the "Librarian's Code of Ethics", librarians must
stand up to attempts to ban newsgroups.

[BEGIN EXCERPTS FROM INCLUDED FILE: 7]
The Librarian's Code of Ethics

II.  Librarians must resist all efforts by groups or individuals to
     censor library material.

III. Librarians must protect each user's right to privacy with respect
     to information sought or received and materials consulted,
     borrowed, or acquired.

V.   Librarians must distinguish clearly in their actions and
     statements between their personal philosophies and attitudes and
     those of an institution or professional body.
[END EXCERPTS FROM INCLUDED FILE]

    And there are even more general codes of ethics that could be applied,
including the Code of Ethics for Information Scientists:

[BEGIN EXCERTPS FROM INCLUDED FILE: 8]
A Code of Ethics for Information Scientists:

Information professionals should:
  * strive to make information available to individuals who need it
  * strive both to ensure accuracy and not to infringe upon privacy or
    confidentiality in providing information about individuals
  * protect each information user's and provider's right to privacy
    and confidentiality

Information professionals should:
  * resist efforts to censor publications
  * play active roles in educating society to understand and
    appreciate the importance of information promoting equal
    opportunity for access to information
[END EXCERPTS FROM INCLUDED FILE]

    News administrators are generally not trained in law relating to libel,
copyright violations, and pornography; they often don't have a good basis to
judge whether or not something is in violation of the law. It is impossible for
news administrators to scan all news.

"Censorship reflects society's lack of confidence in itself. It is a hallmark of
an authoritative regime."
                    - Supreme Court Justice Potter Stewart

3.3 Should people be allowed to describe how to receive banned newsgroups?

    Obviously, I believe so, since I am writing this faq.  However, this
information is already out there; both in forms of getting banned newsgroups,
and just as general internet services.  Not much information in this faq is new;
it just hasn't always been in one spot at one time.
    In fact, I believe that it is important to describe how to receive banned
newsgroups, and for people to excercise their rights pertaining to newsgroups.
It is very disturbing for me to see news administrators declaring themselves
ultimate arbitrators of what is and is not appropriate; even looking past the
obvious problems with this, the decision is often made for basically arbitrary
reasons.
    News administrators will only realize that they can not control what people
can and can not read on a selective basis if people stand up for their rights.
    If people do not continue to excercise their rights to getting uncensored
information, it will become easier and easier for organizations to infringe upon
those rights.  For this reason, it is important to keep this information alive,
even if it does not directly apply to you at this moment.  Who knows when the
news situation at your site will change?
    Of course, this file is most useful in places where news is (even partially)
banned; if your site has a news feed that is censored, it is your responsibility
as a member of the electronic culture to provide this information to others at
your site that need it.
    The only way that our rights will not be tread upon is if people stand up
and excercise their rights.  Every person that wishes to be able to choose has
been drafted into the anti-censorship war.  Even if access to your particular
newsgroups is not being challenged today, every new rule and regulation takes
you one step closer to the day when you no longer decide what you can read.

"I know of no safe depository of the ultimate powers of the society but the
people themselves, and if we think them not enlightened enough to exercise that
control with a wholesome discretion, the remedy is not to take it from them, but
to inform their discretion."
                    - Thomas Jefferson

3.4 Are newsgroups libraries?

    Carl M. Kadie has made this wonderful statement, that pretty much sums it
up:

[BEGIN INCLUDED FILE: 9]
So what is a library?

Here is my favorite definition:

(From Indiana state law) "'Library' means a collection of a variety of books or
other printed matter, audiovisual materials or other items in which knowledge is
recorded; kept in a centralized place; for which a person who as knowledge of
the materials, their arrangement, their use and of library skills is
responsible; and which are for the use of individuals or groups in meeting their
recreational, informational, educational, research or cultural needs."

Here are some others:

The best definition in the OED II is:

"a public institution or establishment, charged with the care of a collection of
books, and the duty of rendering the books accessible to those who require to
use them."

I called the American Library Association, but the folks I talked to did know of
an official definition. They did, however, suggest looking in the book _American
Library Laws_ (5th edition) for legal
definitions.  From the book I learned that most states do not define the term.
Here are definitions from the states that do:

California: "'School library' means an organized collection of printed and
audiovisual materials which (a) is administered as a unit, (b) is located in a
designed place, and (c) makes printed, audiovisual, and other materials as well
as necessary equipment and services of a staff accessible to elementary and
secondary school students and teachers."

"'Academic library' means a library established and maintained by a college or
university to meet the needs of its students and faculty, and others by
agreement."

Maine: "'Media center' means any library utilizing print as well as extensive
nonprint resources and materials."

Pennsylvania: "'Local Library.' Any free, public, nonsectrian library, whether
established and maintained by a municipality or by a private association,
corporation or group, which serves the informational, educational and
recreational needs of all the residents of the area for which its governing body
is responsible, by providing free access (including free lending and reference
services) to an organized and currently useful collection of printed items and
other materials and to the services of staff trained to recognized and provide
for these needs."

South Dakota: "'Public library materials,' the various forms in which knowledge,
information, and humanity's cultural heritage
are recorded that a public library might acquire, organized and make available
to its clientele;"

Washington State: "'Resources' are library materials which include but are not
limited to print, nonprint (e.g., audiovisual, realia, etc.), and microform
formats; network resources such as software, hardware, and equipment; electronic
and magnetic records; data bases;
communication technology; facilities; and human expertise."

[According to the OED II, "realia" are " Objects which may be used as teaching
aids but were not made for the purpose."]
[END INCLUDED FILE]

3.5 Do we really need this faq?

    If you are at a well-connected site, you may not see the need for this
document.  However, consider these recent real-world examples:

    - A news administrator announces that certain newsgroups will be cut off
because of "copyright violations"
    - People at a site have to have every news message of theirs approved by an
official member of the news administration before it will be posted
    - Certain articles at a site are filtered out before people are allowed to
read news
    - People are forced to sign statements and go through other procedures to
get access to certain newsgroups

    All of these examples have occurred recently.  The people at these sites are
having decisions made for them.  The administrators are ignoring many codes of
ethics.  All of the people at these sites can be helped with information on how
to get banned newsgroups.
    But even beyond that, I feel that it is important to show people (both news
administrators and readers) that there are alternatives to reading a censored
newsfeed.  There is no way to prevent any person on the net from getting banned
newsgroups; if you have access to any internet resource, you have full access to
news.

"The Net interprets censorship as damage and routes around it."
                    - John Gilmore

3.6 Online references pertaining to electronic freedom and privacy

    News is a great place to discuss electronic rights.  Some newsgroups that
are good to read are:

    - alt.censorship
    - alt.comp-acad.freedom.announce
    - alt.comp-acad.freedom.talk
    - alt.privacy
    - comp.org.eff.announce
    - comp.org.eff.news

    There are also mailing lists that discuss these issues.
    To join the cypherpunks mailing list, send mail to
"[e-mail]".  The submission address for the mailing list is
"[e-mail]".

    There are some web sites related to censorship and banned newsgroups.  These
include:
http://www.cs.cmu.edu:8001/afs/cs.cmu.edu/user/kcf/www/censor/index.html
http://web.dementia.org/censorship/index.html
http://www.mit.edu:8001/activities/safe/home.html
http://www.mit.edu:8001/activities/safe/notsee.html

=======================================================================