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Ethics in Information Technology, Sixth Edition
Ethics in Information Technology, Sixth Edition
Chapter 5
Freedom of Expression
Self-Assessment Questions
1. First Amendment
2. True
3. Miller v. California
Discussion Questions
1. Two frequently heard phrases associated with the topic of 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.
Students’ answers will vary. Some students may focus more on the rights guaranteed by the First
2. To what degree does monitoring of Internet activity by various government agencies impact
your freedom of expression? Explain your answer.
Students’ answers will vary. Some students may be of the opinion that the amount of Internet
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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?
A strategic lawsuit against public participation (SLAPP) is employed by corporations, government
officials, and others against citizens and community groups who oppose them on matters of public
4. Have you ever posted or viewed copyrighted material online that could be subject to a DMCA
takedown request? Research the case of Lenz v. Universal Music Corp. to learn the key issues
it raised in connection with takedown orders. Write a few paragraphs summarizing your
findings, including the current status of the case.
Students’ answers about whether or not they have ever posted or viewed copyrighted material
online that could be subject to a DMCA takedown request will vary. Some of the issues raised in
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In October 2015, the Ninth Circuit Court of Appeals agreed with Lenz’s argument that
copyright holders must consider fair use before issuing a takedown notice, stating that, “fair use is
not just excused by the law, it is wholly authorized by the law.” However, the ruling also stated,
5. 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 present a scenario in which he or she has acted as a
whistleblower and exposed an illegal activity occurring in an organization. The decision to expose
6. What actions could an ISP take to censor the flow of information from you to others? What
might motivate an ISP to take these actions?
Students’ answers will vary. An ISP could censor information in a variety of ways, including by
blocking access to specific URLs, preventing Internet traffic to and from certain IP addresses,
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7. How would you clearly distinguish between hate speech versus speech that is merely
annoying, 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?
Hate speech is persistent or malicious harassment aimed at a specific person. Hate speech can be
8. Why must U.S. organizations be careful when dealing with issues relating to pornography in
the workplace? What are some reasonable and legal 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
Internet, companies could be seen by the law as purveyors of pornography because they have
9. Do research online 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?
Students’ answers will vary. Posteo.de is email provider based in Berlin that provides secure, ad-
free email services, including the ability to strip IP addresses from outgoing email addresses—for
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10. Look carefully at the email you receive over the next few days. Are any of the emails
advertisements for a commercial product or service that violate the CAN-SPAM Act? If so,
what can you do to stop receiving such emails in the future?
Students’ answers will vary, but most of them will find that some of the emails they receive violate
11. What is a John Doe lawsuit? Do you think that a corporation should be allowed to use a
subpoena to identify a John Doe before proving that the person has done damage to the
company? Why or why not? Under what conditions will the courts execute a John Doe
lawsuit?
A John Doe lawsuit is one in which the identity of the defendant is temporarily unknown. This type
of lawsuit is often used by corporations and other organizations that wish to allege defamation or
copyright infringement by an unidentified party. In John Doe lawsuits, federal courts apply a four-
part test, which states that a subpoena should be enforced only when the following occurs:
12. What are some of the key issues that must be considered when trying to determine if material
on the Internet is obscene?
Students’ answers may vary, but they should note that in the Miller v. California case, the U.S.
Supreme Court determined that speech can be considered obscene and not protected under the First
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13. How did the CIPA 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.
The U.S. Supreme Court ruled that CIPA does not violate the Constitution as long as adult library
14. Do research online to learn what personal information about you can be gleaned from various
sources. Write a paragraph documenting your research and ultimate success or failure.
15. Think back over the last year or so and identify the “fake news” story that you feel caused the
most controversy. What harm might have been caused by this story? Did you forward or
relate this story in any way to your acquaintances, friends, or family?
Students’ answers will vary; however, students should be able to recognize that simply disagreeing
16. Go online to find the code of ethics of the Society of Professional Journalists. Do you feel that
this set of core principles should also apply to the nonprofessional online journalist? Why or
why not?
The code of ethics of the Society of Professional Journalists can be found on the organization’s
17. Privacy, anonymity, and freedom of expression are all interrelated. However, with increased
privacy and anonymity comes the capability for bad actors (e.g., criminals and terrorists) to
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conceal their communications and actions. Should governments and law enforcement agencies
be given the ability to circumvent privacy and anonymity measures under certain
circumstances? If so, what are those circumstances and how can freedom of expression abuse
be avoided?
Students’ answers will vary. Some students will likely point out that governments and law
enforcement agencies around the world are already developing and using tools that allow them to
What Would You Do
1. Student’s answers will vary. Some students might say they would confront the neighbor, while
others might say a confrontation would only result in the potential for further conflict. Some might
2. Students’ answers will vary. Questions that students might choose to ask the coworker to consider
before taking an action include:
• Is there a written data privacy policy that is followed?
3. Students’ answers will vary. Some students might prefer to encourage the friend to put more
emphasis on generating original, positive postings to outweigh negative posts—rather than on
4. If the school or workplace has an acceptable use policy that covers these types of email messages,
the policy might state something similar to the following: “The sending or display of any kind of
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“anyone receiving this kind of material on any company computer system should retain the item
5. Students’ answers may. Considering that the person is a board member, students might feel the need
to tread carefully. However, most students will likely say that the only ethical and legal option is to
Cases
Case 1: Techdirt Sued for Defamation
1. Students’ answers will vary. Some students may choose to research information about Techdirt on
2. Students’ answers will vary. Again, students might find that doing research about Ayyadurai—and
3. Because truth is an absolute defense against a charge of defamation, some students might suggest
that Techdirt present evidence that what they have posted is true. Others might suggest that the site
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Case 2: China’s Great Firewall
1. Students’ answers will vary. Students who value free speech without any limitations might believe
that the only acceptable model is one that allows for the free exchange of information across all
2. Students’ answers will vary. Some students may believe that many Internet users would be
unwilling to give up their use of popular social media outlets such as Facebook and YouTube even
if those companies engaged in censorship activities in other countries. Those students might
believe that most people are primarily focused on their own online freedom, and pay less attention