Internet Threatened by Censorship, Secret Surveillance, and Cybersecurity Laws

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Internet Threatened by Censorship, Secret Surveillance, and Cybersecurity Laws - by Stephen Lendman

At a time of corporate dominated media, a free and open Internet is democracy's last chance to preserve our First Amendment rights without which all others are threatened. Activists call it Net Neutrality. Media scholar Robert McChesney says without it "the Internet would start to look like cable TV (with a) handful of massive companies (controlling) content" enough to have veto power over what's allowed and what it costs. Progressive web sites and writers would be marginalized or suppressed, and content systematically filtered or banned.

Media reform activists have drawn a line in the sand. Net Neutrality must be defended at all costs. Preserving a viable, independent, free and open Internet (and the media overall) is essential to a functioning democracy, but the forces aligned against it are formidable, daunting, relentless, and reprehensible. Some past challenges suggest future ones ahead.

Censorship Attempts to Curtail Free Expression

The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Nonetheless, Congress and state legislatures have repeatedly tried to censor free speech, allegedly regarded as indecent, obscene, hateful, terrorist-related, or harmful to minors. However, the Supreme Court, in a number of decisions, ruled that the government may not regulate free expression, only its manner such as when it violates the right to privacy "in an essentially intolerable manner" - a huge hurtle to overcome, including online, because viewers are protected by simply "averting (one's) eyes (Cohen v. California - 1971)."

In 1998, the Child Online Protection Act (COPA) passed, but was blocked by federal courts as an infringement of free speech and therefore unconstitutional and unenforceable. In 1999, the law was struck down at the Appellate Court level, but it stayed on the books. In 2002, the Supreme Court reviewed the ruling and returned the case for reconsideration. It remained blocked. Then in March 2003, the Appellate Court again ruled it unconstitutional on the grounds that it would hinder protected adult speech that's likely what it was about in the first place.

Other litigation followed at the District and Appellate levels until on January 21, 2009, the Supreme Court killed COPA by refusing to hear appeals to affirm it. The Electronic Frontier Foundation put it this way: "After 10 Years, an Infamous Internet-Censorship Act is Finally Dead." At least that's the hope, but censorship attempts never die. They just reinvent themselves in new forms made all the easier when powerful corporate interests and their congressional allies support them.

In 2000, the Children's Internet Protection Act (CIPA) became law, and the Supreme Court upheld it - to regulate online content deemed "indecent (or) harmful to minors." The law requires schools, libraries and other public institutions to install blocking software to prevent minors from having access to it.

In 2006, the Deleting Online Predators Act (DOPA) passed the House but not the Senate. It also would have mandated schools, libraries and other public institutions to prevent minors from accessing "commercial social networking websites (and) chat rooms."

Its language was broad enough to apply also to sites like Amazon, Yahoo, Wikipedia and others and would have made the FCC a gatekeeper/censor. As the Protecting Children in the 21st Century Act, the law was reintroduced in the Senate in January 2007 but never passed.

In February 1996, the Communications Decency Act (CDA) was passed - to regulate alleged indecent and obscene online content in violation of the First Amendment. Under the law, classic fiction would be banned as well as any material deemed offensive. In June, 1996, a three-judge federal panel partially struck it down for restricting adult free speech. In June 1997, the Supreme Court upheld the lower court ruling in Reno v. American Civil Liberties Union.

The Act was Title V of the 1996 Telecommunications Act titled Broadcast Obscenity and Violence that applied broadcast standards to the Internet. Under Section 230, Internet services operators aren't considered publishers and thus have no liability for the words of third parties using their services.

In 2003, Congress amended CDA by removing struck down indecency provisions. In 2005, a three-judge Southern District of New York panel rejected Barbara Nitke's obscenity provisions CDA challenge (in Nitke, et al v. Ashcroft). The Supreme Court upheld the decision.

In 2005, the Violence Against Women and Department of Justice Reauthorization Act (VAWDOJRA) became law - and another blow to online free speech by prohibiting "any device (like a modem) or software that can be used to originate....(anonymous or other) communications that are transmitted, in whole or in part, by the internet" for the alleged purpose of harassment, even if only vigorous constitutional debate was intended or ordinary free speech.

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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