Chapter 9 Quiz
2. (a) Describe some concerns involving pornography in cyberspace. (b) Why was the Communications Decency Act (CDA), sections which were designed to protect children from concerns about pornography on the Internet, so controversial? (c) Why was it eventually struck down? (d) Why were both COPA and (portions of) CPPA struck down as being unconstitutional? (e) Should they have been declared unconstitutional?
a. Some concerns involving pornography in cyberspace arise due to the criteria established to define pornography. The terms prurient interest, reasonable person nd community standards are not as easy to define on the internet. Prurient interest is vague and arbitrary. Reasonable person is who” And, what community is the internet community? This terms make it difficult to enforce the law on the internet. There are also issues with pornography laws as the laws are different in different states.
b. The Communications Decency Act sections designed to protect children from concerns about pornography on the Internet were controversial but were held controversial although other sections were unconstitutional as being too broad. However, some sections of the Act remain intact today, and are alleged to protect the websites from being prosecuted.
c. The Communications Decency Act was eventually struck down because it was overbroad, and violated the constitution.
d. COPA and CPPA were also struck down because they violated the First amendment of free speech clause of the constitution.
e. These Acts should have been not have been declared unconstitutional because of the protections they were providing to children, who cannot protect themselves.
3.(a) What is deep linking, and (b) why is it so controversial? Recall the discussion of the Microsoft-TicketMaster dispute over deep linking. (c) Which side would you take in this dispute? (d) Defend your answer by appealing to one or more of the ethical theories discussed in chapter 2.
Deep Linking is a form of hyperlinking in order to gain access to targeted sections of web sites. It is a way to skip the main page or top level of a web site and go directly to a “deeper” link on the site. Today, websites exist that explain how and why one should use deep linking.
Deep linking is controversial because many commercial websites place ads on the top level and they want these ads to be seen by all visitors. Also, visitors to web pages are often only counted on the top level and counts directly affect whether someone will place an ad on the site.
I think if someone wants to allow deep linking, it should be allowed, and if someone does not want it on their site, then it should be disallowed. Simple.
Using the contract based ethical theory, I would argue that each individual should be free to allow or disallow deep linking, thus acting in a way that satisfies his or her own desires.
(a) Describe some of the issues underlying the free speech vs. censorship debate in cyberspace. (b) What is meant by “free speech”? (c) Describe the differences between what Catudal calls “censorship by suppression” and what he calls “censorship by deterrence”? (d) Is this distinction useful for understanding some of the complex issues surrounding censorship?
Some of the issues underlying free speech and censorship debate in cyberspace are determining when or at what point speech reaches a level where it should or can be censored. In comparison to other countries, the censorship in America in cyberspace is minimal. Russia internet censorship continues to grow rapidly.
Free speech is the freedom to express one’s opinions and ideas through words or images without interference from the government.
Censorship by suppression censors speech by preventing the speech from being revealed, published or circulated. While censorship by deterrence does not prevent speech, rather it censors speech by threats of arrest, conviction, prosecution or punishment.
The distinction in these terms is useful because it provides individuals with knowledge about what type of speech can be censored.
References
Khanna, Derek. The Law that Gave Us the Modern Internet - and the Campaign to Kill It. 12 September 2013. <http://www.theatlantic.com/business/archive/2013/09/the-law-that-gave-us-the-modern-internet-and-the-campaign-to-kill-it/279588/>.
Neil, Patel. 7 Simple Deep Linking Tactics You Ought to Use. 3 May 2012. <https://www.searchenginejournal.com/7-simple-deep-linking-tactics-you-ought-to-use/43236/>.
Russia's Internet censorship grew nine-fold in 2015. 2016 February 2016. <http://tribune.com.pk/story/1047952/russias-internet-censorship-grew-nine-fold-in-2015/>.
