Communication Censorship on the Internet—Protecting Minors on the Web

Cindy Guerrazzi

Date Submitted:  Thursday, May 10, 2006

 


Abstract


We are living in an information age where millions have access to the Internet.  Along with good citizens, unfortunately there are also citizens who use the Internet to prey on minors. Because of this threat to minors, there have been challenges regarding the First Amendment that have been argued in the Supreme Court relating to censorship of communications and material on the Internet. 

 

The United States Constitution states in the Bill of Rights under Amendment I

“Congress shall make no law respecting an establishment of religion, or prohibiting the free 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.” (United States Constitution Bill of Rights,1)

 

Table of Contents

  1. Introduction
  2. Communication Censorship Challenges
  3. Reasons for Censoring Communication Online
  4. Ways to Protect Minors Online
  5. Conclusion

 

Introduction
 

Millions of users have access to the Internet, and there is material on the web which may not be appropriate for minors. Some of this material may also make minors vulnerable to abuse by predators.  Therefore,  there has been controversy on how to restrict material and communications on the Internet.

 

Two cases that have been important regarding censorship on the Internet are the Communications Decency Act (CDA) of 1996 and “The Online Child Protection Act.”

 

The CDA was Congress' first attempt to make the Internet safe for minors by criminalizing speech on the Internet, but it was deemed unconstitutional because it served government interests and less restrictive alternatives were felt to be available.  Then, The Online Child Protection Act was created to protect minors from sexual material on the Internet, but there are also problems with this bill and the bill was overturned in the Supreme Court.

 

Contents


Communication Censorship Challenges

 

The Citizens of Internet Empowerment Coalition (CIEC) was assembled in February of 1996 to challenge the Communications Decency Act that the “Internet is a unique communications medium, different from traditional broadcast mass media which deserves broad First Amendment protections.” (Free Speech Online, 2006, 1) The CIEC filed a lawsuit on February 26, 1996 seeking to overturn the CDA and filing a 73 page document that detailed how the Internet works and educating the court on Internet functions and why the CDA threatens the Internet medium for free expression, education, and commerce.  Three key points were argued among others as documented in the Free Speech article :

 

  1. The Internet is a unique communications medium which deserves First Amendment protections at least as broad as those afforded to print media.
  2. Individual users and parents, not the Federal Government, should determine for themselves and their children what material comes into their homes based on their own tastes and values.
  3. The CDA would be ineffective at protecting children from "indecent" or "patently" offensive material online.” (Free Speech Online, 2006, 3.)

 

The Supreme Court overturned the CDA in July 1997 making this a landmark victory. This was a first step in protecting our rights since the bill was limited and would have restricted freedom of speech on what was allowed on the Internet.  I agree that parents should have a more active role in monitoring and protecting their children since different parents have different standards on what is proper or improper for their minors depending on religious or regional beliefs.

 

The second important case involving censorship is the Child Online Protection Act which was argued in the Supreme Court in March 2004 and was decided in June 29, 2004. The Electronic Privacy Information Center posted information on their site stating that the “U.S. Supreme Court upheld a lower court injunction against enforcement of the Child Online Protection Act” (ACLU v Reno II--The Legal Challenge to the Child Online Protection Act, 2004, 1).  This was also a victory since this act would prevent adults from accessing protected speech on the Internet.  It was argued in the Supreme Court that in order to prevent minors from accessing harmful material on the Internet would require some type of credit card or adult access code.  Doing this would prevent free speech since it would deny access to adults without credit cards, drive up costs of speakers, require speech to be placed behind verification screens, and impose financial burdens on speakers.

Contents

 

Reasons for Censoring Communication Online

 

As more and more content is available online (i.e., communication, entertainment, educational resources), it is also a gateway for offenders to exploit minors. 

 

On Wired News, Jenn Shreve reports on a problem in her article “MySpace Faces a Perp Problem,” which details registered sex offenders with MySpace.com profiles.  The company has been plagued by media reports saying that the site is a safe haven for sexual predators and a dangerous place for teens who post personal information.  In response, the company has hired a new chief security officer and launched an advertising campaign promoting online safety (Shreve, 2006). 

 

On BBC News, Penny Roberts reported that Anthony Gray met a 14-year old boy from Cardiff who “was having difficultly establishing his sexuality—after logging into a gay website.”  Mr. Gray befriended the boy in a chat room and was jailed for five years for assaulting Anthony Gray.  The judge David Morris said “I know there is a growing public debate as to what controls can be imposed on material on the Internet.  I believe there should be some way of checking Internet content.” (Roberts, 2001). 

 

From this report we can see that even in the courtroom there are thoughts as to how Internet content should be monitored because offenders take advantage of minors by befriending those who are or may be troubled.

 

Another publication “Internet Offenders: Traders, Travelers, and Combination Trader-Travelers” reports on traders (persons who traffic and/or collect child pornography online) and travelers (persons who engage in discussion with children online using manipulation to meet a minor in person for sexual purposes.)  Alexy, Burgess, and Baker report 59.1% of the cases involved traders, 21.8% involved travelers, and 19% of the cases involved a combination of trader and traveler activities (Alexy, Burgess, Baker, 2005).

 

This is just a small example regarding the exploitation of minors through communication and other materials on the Internet, but it shows how important it is that minors not be exploited by predators and other offenders on the Internet—hence the controversy/court battles regarding protection and how best to enforce communication controls.

Contents

Ways to Protect Minors OnLine

 

Filtering software is available which will prevent minors from accessing pornographic and other inappropriate sexual material that is available online.  Software packages allow parents to set time limits, filtering and blocking tools allows them to limit access to sites/words/images, outgoing content blocking regulates the content leaving the computer, and there are also monitoring tools included in some packages.  Using these tools would help in protecting minors on the Internet, but unfortunately as reported by Mitchel, Finkelhor and Wolak in “Protecting youth online: Family use of filtering and blocking software,” only 33% of parents reported using some type of filtering software (Mitchell, Finkelhor, Wolak, 13).

 

Another way to protect minors online is to use the Internet Content Rating system voluntarily when creating web sites or information to be posted on the Internet.  The Internet Content Rating Association has a self-labeling system that is applicable in any language.  Parents can then use filtering software to allow or disallow access to different web sites based on the information that is contained in the site label.  See the ICRA web site for further information on labeling web sites/pages (http://www.icra.org).

Contents

 

Conclusion

 

There are ways that parents can protect minors online without affecting the right to free speech on the Internet.  There is filtering software available that can be run on computers, and parents can take a more active role in determining when their minor can be online.  Placing the computer in a public area in the home will also help in monitoring minors, so they are not as likely to go to questionable sites or talk with strangers online. 

 

Parents and educators must also take an active role in educating minors on using the Internet, especially regarding posting personal information about themselves on web sites and giving personal information to strangers they meet online.  I believe the government should not be involved by making laws which would limit speech on the Internet and possibly invade the privacy of others, but instead educate, apply filters, and parents should monitor minors on the Internet.  I feel this will hamper offenders in manipulating minors on the Internet, and it is a better alternative than having the government place restrictions on communication on the Internet.

Contents


 

"United States Constitution Bill of Rights." Cornell Law School. Legal Information Institute. 5/1/2006  http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti.

 

"Free Speech Online." 2005. Center for Democracy & Technology. 5/1/2006  http://www.cdt.org/speech/cda/ciec.shtml.

 

"ACLU v. Reno--Challenge to Internet Censorship ." June 29, 2004. Electronic Privacy Information Center.  http://www.epic.org/free_speech/copa.

 

Roberts, Penny. "Chatroom Sex Controls Urged." 4/6/2001. BBC News. 5/2/06  http://news.bbc.co.uk/1/hi/wales/1262298.stm.

 

Shreve, Jenn. "MySpace Faces a Perp Problem." Wired News. 4/18/2006. 5/3/20-6  http://www.wired.com/news/culture/0,70675-0.html?tw=rss.index.

 

Alexy, Eileen, and Ann Burgess, and Timothy Baker. "Internet Offenders: Traders, Travelers, and Combination Trader-Travelers." Journal of Interpersonal Violence 20, 77/1/2005 808-809. 5/2/2006  http://jiv.sagepub.com/cgi/content/abstract/20/7/804.

 

Mitchell, Kimberly, and Finkelhor, David and Wolak, Janis. "Protecting youth online: Family use of filtering and blocking software." Child Abuse & Neglect 297/1/2005 13. 4/28/2006  http://www.sciencedirect.com/science/article/B6V7N-4GR33VM-8/2/26d8aeb4412202fdb17345e807e91ddc.