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1992-09-26
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From: Moderators
Subject: Censorship on the Nets
Date: Sat, 13 Oct 90 02:44 CDT
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*** CuD #2.08: File 4 of 5: Comment on Censorship and BBSs ***
********************************************************************
The previous author raised serious questions about censorship. What are
the dangers when a large corporation, one that might be intimidated by
advertisers or other external powers, assumes control or excessive influence
over a system? If university systems allow free and unconstrained dialogue
across the nets, there is likely to be substantive content that some find
objectionable. When posters resort to racially derogatory posts, invoke the
"seven words" prohibited by the FCC, or exchange materials that, for
example, a major government agency finds unacceptable, should that
university restrict access by users or the content of material? Those who
subscribe to many of the various hotlines or news groups have seen content
that goes well beyond that generally tolerated by most of us. Generally,
problems are readily dealt with informally. But, what happens when pressure
comes from an external source? In the MARS incident, the NSF flexed its
fiscal muscles (according to those on the receiving end). The following two
posts excerpted from MARS are typical of the response of those who may not
appreciate some material but who find censorship even more objectionable:
The gifs were obviously deleted. I am not sorry to see them
gone either. The MARS hotel was shut down because of complaints
about "offensive" pictures on this bbs. (Or at least that was
the latest from my source.) Frankly, I don't care if they are
here or not, I just don't see why people are complaining about
them. If you don't like them, then don't look. (IGNORE IT!!!!)
I also don't like the idea of the university having to censor
this board to suit the narrow-minded leanings of a few people
who evidently have nothing better to do than hunt for stuff to
come down on.
Just my two cents worth.
+++++++++++++++++++++++++
I see that the repulsive head of CENSORSHIP has raised it's ugly
head once more. I thought the dark ages were over but
apparently a few still cling to the past. If these pictures
were offensive to anyone then all that had to be done was ignore
them. To impose ones views on a group of people simple because
YOU think it is wrong is tantmount to hitler slaughtering the
jews because they weren't his TYPE oF SUPREME BEING.
Again i am sorry that CENSORSHIP found its way into another
democratic haven of society but alas it will always be found
where the residents don't conform to the STANDARDS of the MORAL
MAJORITY ( i use the term sarcasticly).
++++++++++++++++++++++
According to posts and conversations, Washington University (in St. Louis)
has also experienced problems. The following note was posted on MARS and
summarizes the response to the apparent intrusion of net-censors:
++++(Begin post)++++
Ok users,
wuarchive.wustl.edu has also been forced to remove all their r,x-rated GIFS!
this is why:
++++++++++++++++++++++++++++++
README
++++++++++++++++++++++++++++++
Questions have been raised regarding the appropriateness of maintaining
this material as part of a university archive and making the material
available over the NSF network. The material has been removed pending the
outcome of an investigation.
If your organization uses this material for academic or research purposes,
and would be willing to provide written evidence for our investigation,
please send e-mail to archive@wuarchive.wustl.edu.
Please read the file 'WHY' to get an unofficial explanation of what's going
on.
++++++++++++++++++++++++++++++
WHY
++++++++++++++++++++++++++++++
This all started in February 1990 when the Washington University
Chancellor's Office received a letter from an irate individual who claimed
that Washington University was committing a grave offense by making
available a collection of GIF pictures which more-or-less explicitly
depicted sexual acts (as implied by the name of the directory). The claims
included things such as aiding and abetting sexual harassment, misuse of
resources, unprofessional conduct, and placing `obviously unethical'
individuals in a position of trust.
The reaction of the Chancellor's Office was "Please let us know what is
going on, this must be replied to..." The ball was passed on the the
Office of the Network Coordinator, which owns and operates wuarchive.
After a long series of "we don't want to be involved in censorship"
statements by everyone involved, an investigation was launched into the
legal ramifications of making such material available.
What it comes down to is this:
1) Making the material available is perfectly legal, according to the
University's legal counsel (they cited 1-900 numbers as an excellent
example).
2) These GIF pictures are hardly the highest priority material in the
archives, and resources would be devoted to them only as long as they
didn't interfere with the more valuable services.
3) University personnel were not involved in the maintenance of this section
of the archives. The GIF archives are entirely maintained by a student of
another University.
4) We can't make the material available unless we can show that it has some
academic or research value. All sites which join the Internet must sign
a contract which states, in part, that all use of the Internet will be in
support of research or education. It is the feeling that virtually all of
the material in the archives could be justified except the R_X_rated GIFs.
*ALL* of the people who work with the archives *EMPHATICALLY* do NOT
support censorship in any form. However, we are bound by the contracts our
employers have signed regarding this matter.
If you are a professor at an institution of higher learning, or a
legitimate researcher, and feel that this material would be useful for your
teaching or research, please send a letter ON UNIVERSITY OR CORPORATE
LETTERHEAD to this address:
Washington University
Office of the Network Coordinator
One Brookings Drive
Campus Box 1048
Saint Louis, MO 63130-4899
USA
If you are a student or individual in a non-academic or non-research
position, PLEASE don't waste our time... The archivers put a lot of
personal time into keeping wuarchive one of the best archives in the world
and we don't appreciate being called names or spending our time reading
junk mail.
Be aware that if you DO write a letter supporting this material, you may
one day be called upon to support your position. It is a very sensitive
issue and will undoubtedly some day be considered by highly-placed
government officials, and subjected to public scrutiny.
Signed,
The Maintainers of Wuarchive
++++(End Post)++++
We have not yet had the chance to look into the WU situation or to dig out
information on other systems that have had similar problems. The above
examples deal with x/r-rated material, which some may find an issue not
sufficiently important to worry about. There is, of course, a sticky area
in making freely available adult-oriented contents that are accessibility by
juveniles. But, the issue is *NOT* cyber-porn! Rather, it is one of how
e-space shall be controlled, if at all. Who determines what shall be
permitted and what shall not be? Can a few angry letters to a federal
bureaucrat invoke threats of fiscal blackmail? Should there be an appeals
process? Can an angry letter in one state be justification to censor
materials in another? Recent federal prosecutions and application of RICO
to close down an entire establishment, upheld this week by the U.S. Supreme
Court, has serious implications for BBS sysops. It would seem that
officials could confiscate the equipment of a sysop who maintained adult
.gif/.gl files. We have also seen in other prosecutions who "wire fraud"
and other inter-state "crimes" can be cleverly used to bring criminal
charges that far exceed the alleged wrong-doing.
The issue confronting modemists is that of how statutes will be enacted and
enforced in the coming decade. The logic underlying intrusion into boards
that contain adult material can also be applied to other material as well.
The questions is not whether we support "pornography," but whether
cyber-space shall be free or whether it shall be regulated. A recent
article in the Federal Communications Law Journal (E. Jensen, "An
Electronic Soapbox: Computer Bulletin Boards and the First Amendment,"
Vol. 39: 217-258) raised the spectre of "licensing" BBSs. Although this is
not currently a realistic option, the potential risks of such an approach,
and others that restrict freedom of communication across the lines, should
be met head-on and not after restrictive laws or policies are in effect.
It seems that government controls over e-space are creeping slowly into
electronic communications in ways that, if done in other media would invoke
immediate public outrage.
Until early 1990, there has been no organized constituency to lobby for
legislative changes or to guard against the inflammatory rhetoric of *some*
officials and journalists. In the past six months, modemists have become
more aware of the potential problems in the electronic frontier and have
mobilized. Although EFF and CPSR have received most of the attention, other
individuals and groups have also been active in organizing conferences,
delivering lectures, or in just contributing to the dialogues about the
problems of creating a responsible modem community on one hand and
preventing unnecessary governmental encroachment on the other. The bottom
line is that this is *NOT* a "computer problem." It is a POLITICAL problem,
and PC/modem users should recognize that unless they become politically
involved, the new frontier may be quickly closed.
Among many others, Jim Warren has been active in developing political
strategies to address many of these issues. In the following file Jim
raises a number of crucial points.
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>> END OF THIS FILE <<
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