Computer Security Handbook, Fifth Edition

CHAPTER 72

LEGAL AND POLICY ISSUES OF CENSORSHIP AND CONTENT FILTERING

Lee Tien, Seth Finkelstein, and Steven Lovaas

72.1 INTRODUCTION

72.1.1 Scope of This Chapter: Government Intervention

72.1.2 Whose Laws? Whose Standards?

72.1.3 Defining Objectionable Material: International Differences

72.2 U.S. CONTEXT: FIRST AMENDMENT RIGHTS

72.2.1 What Does the First Amendment Protect?

72.2.2 Basic First Amendment Principles

72.2.3 Limitations on Government Interference with Speech

72.2.4 Exceptions Where Speech Can Legally Be Limited

72.2.5 Legislation and Legislative Initiatives in the United States

72.2.6 Attempts to Control Access: Case Law

72.3 PARENTAL INVOLVEMENT/RESPONSIBILITY

72.4 SUMMARY

72.5 FURTHER READING

72.6 NOTES

72.1 INTRODUCTION

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.¹

One might think that the Internet will make this ringing proclamation a reality. Like no other technology, the Internet transcends national borders and eliminates barriers to the free flow of information. Governments, however, are trying to control speech on the Internet.

72.1.1 Scope of This Chapter: Government Intervention.

Many nations protect rights of free speech and free expression. The First Amendment to the U.S. Constitution provides that “Congress shall make no law … abridging the freedom of speech or of the ...