introduction
Australian law
overseas law
bodies
texts
free speech
tools
offline
secrecy
|
Writings
This part of the Censorship guide
considers writing about censorship of the internet. Subsequent parts
deal with freedom of speech, site labelling and filtering tools, offline
censorship as a model for practice online, and official secrets.
overviews
As yet there are few outstanding
studies of online censorship; much of the best writing is embedded
within larger works about regulation of the global information
infrastructure or the nature of the digital economy.
lan Travis' new Bound & Gagged (London, Profile 00)
is an account of public policy and agitation in the United Kingdom. The
bouncy Sex, Laws & Cyberspace:
Freedom & Censorship on the Frontiers of the Online Revolution
(New York, Owl/Holt 97) by Jonathan Wallace & Mark Mangan is a
popular account of developments in the US. It has
a companion site.
Interpreting Censorship In Canada
(Toronto, Uni of Toronto Press 99), edited by Klaus Petersen & Allan
Hutchinson, is a collection of papers on internet censorship and the
offline variety. Liberating
Cyberspace: Civil Liberties, Human Rights, & the Internet
(London, Pluto Press 98) is a collection of short essays edited by
Jonathan Cooper.
From the technolibertarian left Howard Rheingold's communique
Why Censoring Cyberspace Is Dangerous & Futile asserts
there's
no excuse to cripple the most valuable technology America
has going for it. Heavy handed attempts to impose restrictions on the
the unruly but incredibly creative anarchy of the Net could kill the
spirit of cooperative knowledge sharing that makes the Net valuable for
everyone
That's in line with John Perry Barlow's deliriously silly A Declaration of the
Independence of Cyberspace (DIC)
...
Governments of the Industrial World, you weary
giants of flesh and steel, I come from Cyberspace, the new home of
Mind.... I declare the global social space we are building to be
naturally independent of the tyrannies you seek to impose on us. You
have no moral right to rule us nor do you possess any methods of
enforcement we have true reason to fear.
Back in the real world legal thinking
is, predictably, mixed.
Yaman Akdeniz's 1997 paper
The Regulation of Pornography & Child
Pornography on the Internet in the Journal of Information,
Law & Technology is a starting point for considering the EU
regime described in the European Commission Working Party report
on Illegal & Harmful Content on the Internet and the
associated green
paper on the Protection of Minors & Human Dignity in
Audiovisual & Information Services.
In the US the Stanford Law Review
paper on Law &
Borders: The Rise of
Law in Cyberspace by David Johnson & David Post argues that
efforts to control the
flow of electronic information across physical borders are likely to
prove futile.
Donald Stepka's paper
on Obscenity On-Line: a Transactional Approach to
Computer Transfers of Potentially Obscene Material disagrees: existing law is adequate
and its business as usual.
An Australian perspective's provided by new media lawyer Philip Argy's paper
and the Digital Technology Law Journal article
by Michael Blakeney & Fiona Macmillan.
impacts
The economic impact of censorship is a
neglected research topic, surprisingly so given recent hype about the
information economy/society.
Apart from the obvious works such as Information
Rules: A Strategic Guide to the Network Economy (Boston, Harvard
Business School Press 99) by Hal Varian & Carl Shapiro and the
OECD's report
on The Economic & Social Impacts of Electronic Commerce:
Preliminary Findings & Research Agenda the following
publications are suggestive:
A Nation Transformed By Information:
How Information Has Shaped the United States From Colonial Times To The
Present (New York, Oxford Uni Press) - a sparkling collection of
essays edited by leading business historians Alfred Chandler & James
Cortada
Menahem Blondheim's News Over The
Wires: The Telegraph & The Flow Of Public Information In America
1844-97 (Cambridge, Harvard Uni Press 94)
News In The Mail: The Press, Post
Office & Public Information (Westport, Greenwood Press 89) by
Richard Kielbowicz
Girls Lean Back Everywhere: The
Law of Obscenity & the Assault on Genius (New York, Random 92)
Edward de Grazia's engagingly written - and for the moment definitive
- study of literary censorship and its enemies
For studies of cultural impacts - or
perceptions thereof - turn to the
offline part of this guide.
anxieties and evaluations
Is the internet an open sewer from
hell? In answering that question we recommend Risk & the Internet: Perception and
Reality, Christopher Hunter
& Eric Zimmer's
advice
to the COPA Commission. The Commission's final report
is also recommended.
Two perspectives on political opportunism
and media hysteria about offensive content on the Web - particularly the
"great cyberporn panic of 1995" - are provided in Cyber
Rights: Defending Free Speech in the Digital Age (New York, Times
98), the memoir by the Electronic Frontier Foundation's (EFF)
Mike Godwin and in You Say You Want A Revolution: A Story of
Information Age Politics (New Haven, Yale Uni Press 00) by former
Federal Communications Commissioner Reed Hundt.
Edward Cavazos & Gavino Morin's Cyberspace
& the Law (Cambridge, MIT Press 95) predates collapse of the
CDA and COPA but provides a useful introduction to the issues, along
with information about state and local legislation.
As always, Ithiel de Sola Pool is of
exceptional value, in particular the discussion in Politics in Wired
Nations (New Brunswick, Transaction 98) and the prescient Technologies
of Freedom: Of Free Speech In An Electronic Age (Cambridge, Belknap
87).
Eli Noam's essay
Principles for the Communications Act of 2034 is a succinct analysis by
Pool's protege.
The essays in Borders in Cyberspace: Information Policy
& the Global Information Infrastructure (Cambridge, MIT Press 97)
edited by Brian Kahin & Charles Nesson, and High Noon On The
Electronic Frontier: Conceptual Issues In Cyberspace (Cambridge, MIT
Press 96) are also of significance.
For those interested in tracking abuses
we recommend the online
edition of the Index on Censorship.
next part (freedom)
|