978-1285197159 Chapter 5 Doxing, which involves examining the Internet records

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Ethics in Information Technology, Fifth Edition 9781285197159

Chapter 5

Freedom of Expression

Self-Assessment Questions

1. First Amendment

Discussion Questions

1. Two frequently heard phrases associated with the freedom of speech are: “I disapprove of

what you say, but I will defend to the death your right to say it” and “It is easy to believe in

freedom of speech for those with whom we agree.” Craft a phrase that communicates your

feelings about freedom of speech.

2. Briefly discuss attempts to create laws protecting children from harmful material on the In–

ternet. Why were early attempts found to be unconstitutional?

3. What is a SLAPP? Under what conditions might a corporation employ a SLAPP? What are

some actions that could be taken to counteract a SLAPP?

Strategic lawsuit against public participation (SLAPP) is a strategy employed by corporations,

government officials, and others against citizens and community groups who oppose them on mat–

4. Outline a scenario in which you might be acting ethically but might still want to remain

anonymous while using the Internet. Identify two approaches someone might take to learn

your identity even if you attempt to remain anonymous.

Students’ answers will vary. Some students may quote a scenario where he/she has acted as a

whistleblower and exposed an illegal activity occurring in an organization. Although at an ethical

5. Can you cite a specific example of federal government Internet censorship in the United

States? Do you think the amount of Internet censorship in the United States is appropriate or

overly restrictive? Explain your answer.

Internet censorship is the control or suppression of the publishing or accessing of information on

6. Do research to identify the current countries that are identified as “Enemies of the Internet”

by the group Reporters Without Borders. What criteria did Reporters Without Borders use

when deciding which countries to place on this list?

Enemies of the Internet include Saudi Arabia, Burma, China, North Korea, Cuba, Egypt, Iran,

Uzbekistan, Syria, Tunisia, Turkmenistan, and Vietnam.

7. What can an ISP do to limit the distribution of hate email? Why would such actions not be

considered a violation of the subscriber’s First Amendment rights?

An Internet service provider (ISP) publishes user-generated content and is provided immunity by

Section 230 of the CDA as long as its actions do not rise to the level of a content provider. Al-

though ISPs do not have the resources to prescreen content (and they do not assume any responsi–

bility for content provided by others), many ISPs do reserve the right to remove content that, in

8. How would you clearly distinguish between hate speech versus speech that is merely annoy–

ing, critical, or offensive? Would you be willing to defend someone’s right to use annoying,

critical, or offensive speech? How would you respond if such speech were directed at you or a

loved one?

9. Why must U.S. organizations be very careful when dealing with issues relating to pornogra-

phy in the workplace? What are some legal and reasonable steps an organization can take to

limit pornography in the workplace?

By providing computers, Internet access, and training in how to use those computers and the Inter–

net, companies could be seen by the law as purveyors of pornography because they have enabled

employees to store pornographic material and retrieve it on demand. In addition, if an employee

10. Do research on the Web to locate an anonymous remailer. Find out what is required to sign

up for this service and what fees are involved. What guarantees of anonymity are made?

11. Look carefully at the email you receive over the next few days. Are any of the emails adver-

tisements for a commercial product or service that violate the CAN-SPAM Act? If so, what

can you do to stop receiving such email in the future?

12. What is a John Doe lawsuit? Do you think that a corporation should be allowed to use a sub–

poena to identify a John Doe before proving that the person has done damage to the compa–

ny? Why or why not? Under what conditions will the courts execute a John Doe lawsuit?

13. Do you think further efforts to limit the dissemination of pornography on the Internet are

appropriate? Why or why not?

14. How did the Children’s Internet Protection Act escape from being ruled unconstitutional?

Talk to your local librarian and find out if the library has implemented Internet filtering. If

so, has it experienced any problems enforcing the use of filters? Write a short paragraph

summarizing your findings.

15. Attempt to perform doxing to link some of your online postings to another posting that in

turn links back to a posting that reveals your identity. Write a paragraph documenting your

research and ultimate success or failure.

What Would You Do

1. Student’s answers will vary. Even though it is common practice to file lawsuits against any com–

plainer, it is important to consider that it involves thousands of dollars and can tie up those in-

volved in long court battles.

2. Students’ answers will vary. However, students should note that the monitoring of Web sites is nor–

mal in China. In fact, the government blocks access to Web sites that discuss any of a long list of

3. Students’ answers will vary. Some students may say that they would explain to him that the photo

is considered child pornography and he could be arrested simply for possessing the photo on his

4. Students’ answers will vary. Following are some of the issues that students could ask the friend to

consider before taking an action:

Is there a written data privacy policy that is followed?

Are you familiar with the corporate IT usage policy?

Has your corporate firewall been set to detect the use of anonymous remailers?

Has your company (in cooperation with legal counsel) formed a policy on the use of John

Doe lawsuits to identify the authors of libelous, anonymous email?

5. Students’ answers will vary. Some students may suggest the friend to emphasize on generating

6. One objection that students should expect is that Internet filters can sometimes “over block” Inter–

7. If the school or workplace has a Use of Computer Resources policy that covers these types of e-

mail messages, the policy might state something similar to the following: “The sending or display

of any kind of sexually explicit, threatening, demeaning, harassing, offensive, or otherwise inap–

propriate image or document on any company computer system or electronic communication sys–

8. Students’ answers will vary. Considering that he/she is a board member, students will need to tread

9. Students’ answers will vary since the decision of whether or not to accept the position is a moral

one.

10. Students’ answers will vary. Students may recommend a strict policy against Internet pornography.

The inappropriate and derogatory content of pornography in the workplace is offensive to most

As part of the process of developing such a policy, students may recommend the following actions:

Develop a responsible use policy for all computer resources using guidelines that can be eas–

ily understood by all employees.

The policy should prohibit access to pornographic Internet sites.

Cases

Case 1: Lawsuits Aimed at Yelp and Its Reviewers

1. Students’ answers will vary. Some students may come across reviews that are overly positive in

Case 2: WikiLeaks Continues to Post Classified Materials

1. WikiLeaks is a nonprofit organization whose goal is to bring important news and information to

Case 3: Facebook, Freedom of Speech, Defamation, and Cyberbullying

1. The CDA protects Web site owners from liability for content posted by a third party. Therefore,