May 22, 2009 at 05:20:18

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Promoted to Headline (H3) on 5/22/09:

Internet Threatened by Censorship, Secret Surveillance, and Cybersecurity Laws

By Stephen Lendman (about the author)     Page 2 of 7 page(s)

opednews.com     Permalink

In October 2007, the House passed the Violent Radicalization and Homegrown Terrorism Act called "the thought crime prevention bill." It was introduced in the Senate, referred to the Homeland Security and Governmental Affairs Committee, but never voted on or passed.

If it ever becomes law in its present form, it will establish a commission and Center for Excellence to study and act against "thought criminals" (including online ones) for alleged acts of "violent radicalization (and) homegrown terrorism" defined as follows:

-- "violent radicalization (to mean) adopting or promoting an extremist belief system (to facilitate) ideologically based violence to advance political, religious or social change;"

-- "homegrown terrorism (to mean) the use, planned use, or threatened use, of force or violence by a group or individual born, raised, or based and operating primarily within the United States or any (US) possession to intimidate or coerce the (US) government, the civilian population....or any segment thereof (to further) political or social objectives."

In other words, this law, if passed, will criminalize whatever the government wishes to include under the above two categories, including constitutionally protected speech online or elsewhere.

Another ongoing censorship issue involves craigslist - a worldwide online community network featuring classified ads for "jobs, housing, for sale, personals, services, local community, and events."

On May 5, South Carolina Attorney (AG) General Henry McMaster notified its CEO, Jim Buckmaster, that unless an "erotic services" section is removed in 10 days, "craigslist management may be subject to criminal investigation and prosecution." Other AGs in Rhode Island, Illinois, and Connecticut issued similar threats even though all of them are baseless.

Previous courts have held that Section 230 of the Communications Decency Act (CDA) protects "interactive computer service" providers like craigslist and lets them be self-regulating and free from liability. The law clearly states that they shouldn't be responsible for third party content because they didn't do enough to comply with individual State standards that may violate the First Amendment and federal law.

In craigslist's case, it's gone way beyond its legal obligations. In November 2008, it agreed to technical and policy changes to curb the use of its site for illegal purposes by third parties, including requiring telephone and credit card verification for "erotic services" ads to reject ones deemed illegal.

Earlier, craigslist screened out 90% of these ads. Nonetheless, it's being unfairly targeted by AGs interpreting Section 230 and First Amendment rights as they please. Federal law, however, protects craigslist, but not against ambitious AGs harassment for their own political advantage and self-interest.

On May 20, craigslist announced that it filed suit against South Carolina Attorney General Henry McMaster seeking "declaratory relief and a restraining order with respect to criminal charges he has repeatedly threatened against craigslist and its executives." Craigslist is on solid footing. It's in full compliance with the law, but McMaster's persistent threats forced it to sue in federal court.

These and numerous other congressional and other attempts aim to censor protected speech, including online. Expect more of this ahead, some legislation to be enacted, at times upheld by the courts, and, as a result, our liberties to be chipped away incrementally and lost - unless a line in the sand is drawn and defended by enough of the committed to do it.

On February 29, 2008, one skirmish turned out successfully when a federal judge let the anonymous whistle-blowing WikiLeaks resume operations after a week earlier ordering its US hosting company and domain registrar (Dynadot) to shut down and lock out its site. In his reconsidered ruling, District Judge Jeffrey White conceded he was having second thoughts regarding "serious questions of prior restraint (and) possible violations of the First Amendment." He added that "the court does not want to be a part of any order that is not constitutional." Even so, one triumph doesn't mean victory. The struggle for unimpeded free speech continues.

Secret Unconstitutional Surveillance, Including Online Data Mining

The right to privacy is sacred even though no constitutional provision specifically mandates it. Nonetheless, the First Amendment guarantees free and open speech and beliefs. The Third Amendment the privacy of our homes against demands to be used to house soldiers. The Fourth Amendment against unreasonable searches and seizures. The Fifth Amendment against self-incrimination and privacy of our personal information.

Also, the Ninth Amendment states that the "enumeration of certain (of the Bill of) rights shall not be construed to deny or disparage other rights retained by the people." In Griswold v. Connecticut (1965), the Supreme Court held that the Constitution protects privacy in a case affirming the right to use contraceptives and that banning them violated the "right to marital privacy."

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