Business Ethics Chapter 5 John Doe Lawsuits Explain That Once John

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Ethics in Information Technology, Sixth Edition

Chapter 5

Freedom of Expression

At a Glance

Instructor’s Manual Table of Contents

• Overview

• Objectives

• Teaching Tips

Lecture Notes

Overview

Chapter 5, “Freedom of Expression,” addresses issues raised by the growing use of the Internet

as a means for freedom of expression, while also examining the types of speech protected by the

First Amendment of the U.S. Constitution. The chapter covers the ways in which the ease and

anonymity with which Internet users can communicate may pose problems for people who might

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Objectives

As students read this chapter, they should consider the following questions:

• What is the basis for the protection of freedom of expression in the United States, and

Teaching Tips

Organizations Behaving Badly

1. Discuss the Tor software and network technology and how it can be used to hide a

website operator’s location (and identity).

I. First Amendment Rights

1. Begin the discussion by talking about the ways in which the Internet enables a worldwide

exchange of news, ideas, opinions, rumors, and information. Note that the Internet

A. Obscene Speech

1. Discuss Miller v. California, the 1973 Supreme Court case, and summarize the three

B. Defamation

2. Note that although people have the right to express opinions, they must exercise care in

their online communications to avoid possible charges of defamation. Organizations must

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Critical Thinking Exercise: Posting a Negative Review on Yelp

1. Students’ answers to this question will vary. During the discussion, encourage students to

II. Freedom of Expression: Key Issues

1. Use this section to discuss key issues related to freedom of expression, including

A. Controlling Access to Information on the Internet

1. Explain that the issue of freedom of speech is complicated by the ease with which

children can access the Internet. Note that in attempts to address this issue, the U.S.

Communications Decency Act

1. Explain that the primary purpose of the Telecommunications Act, which was passed in

1996, was to allow free competition among phone, cable, and TV companies.

2. The Communications Decency Act (CDA), Title V of the Telecommunications Act,

aimed at protecting children from pornography; the problem with the CDA was its broad

3. Introduce Section 230 of the CDA which provides immunity to an Internet service

Teaching

Tip

Take time to discuss the boundary between expressing an opinion and

defamation.

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Child Online Protection Act

1. Explain that the Child Online Protection Act (COPA), signed into law in October 1998,

states that “whoever knowingly and with knowledge of the character of the material, in

2. Note that in June 2004 the Supreme Court ruled in Ashcroft v. American Civil Liberties

Internet Filtering

1. Introduce the term Internet filter.

Children’s Internet Protection Act (CIPA)

1. Discuss the specific requirements of the Children’s Internet Protection Act (CIPA).

2. Note that opponents of the law were concerned that it transferred power over education to

Teaching

Tip

Discuss the ethics of legislation that bans indecent material and the difficulty in

deciding what is and is not indecent.

Teaching

Tip

To a certain extent, shielding children from objectionable material seems straight

forward. Take time to discuss the difficulty legislators have in drafting laws to

protect minors, while preserving the rights of adults.

Teaching

Tip

Discuss the advantages and disadvantages of Internet filtering. Ask students if

they believe parents should make use of this type of tool. What about employers?

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3. Discuss the ways in which implementing CIPA in libraries is much more difficult

4. Note that in the case United States, et al. v. American Library Association, Inc., et al., the

Digital Millennium Copyright Act

1. Discuss the Digital Millennium Copyright Act (DMCA), which was signed into law in

1998. Note that the DMCA is divided into five titles (which are discussed more fully in

Chapter 6).

3. Note that fair use is the copying of copyrighted material done for a limited and

Internet Censorship

1. Explain that Internet censorship is the control or suppression of the publishing or

accessing of information on the Internet.

2. Use Figure 5-3 to aid a discussion of the types of intermediaries that are required for

Ask students to read and discuss the following Ars Technica article that explains

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Quick Quiz 1

1. The _____ guarantees the right to freedom of expression.

2. Making either an oral or a written statement of alleged fact that is false and that harms

another person is _____.

3. An oral defamatory statement is _____.

4. A written defamatory statement is _____.

5. The _____, which was signed into law in 1998, provides limitations on the liability of an

ISP for copyright infringement that can arise when an ISP subscriber posts copyrighted

material such as audio tracks, videos, books, and news articles on the Internet.

B. Strategic Lawsuit Against Public Participation

1. Introduce the term strategic lawsuit against public participation (SLAPP)—a strategy

employed by corporations, government officials, and others against citizens and

community groups who oppose them on matters of public interest.

To learn more about Internet censorship in China, read the following New York

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C. Anonymity on the Internet

1. Anonymous expression is the expression of opinions by people who do not reveal their

identity. Explain that the freedom to express an opinion without fear of reprisal is an

important right of a democratic society.

5. Introduce the term anonymous remailer service.

D. John Doe Lawsuits

1. Explain that once a John Doe lawsuit is filed, the plaintiff can request court permission

to issue subpoenas to command a person to appear under penalty. If the court grants

Ask students to read and discuss the following Atlantic article that offers one

perspective of anonymity on the Internet, “How to Fix the Internet,”

Tip

reasons why someone might want to use them.

Teaching

Discuss the ethical issues concerning the use of anonymous remailers, and

Teaching

Tip

Discuss issues in tracking down people who commit libel on the Internet, and the

efficacy of John Doe lawsuits in prosecuting these types of crimes.

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E. Hate Speech

1. In the United States, speech that is merely annoying, critical, demeaning, or offensive

2. Explain that although ISPs do not have the resources to prescreen content (and they do

3. Note that although public schools and universities may implement a speech code, they are

F. Pornography

1. Note that many people believe that there is nothing illegal or wrong about purchasing

2. Explain that the Internet has been a boon to the pornography industry by providing fast,

3. The key question in deciding what Internet material is obscene is: “Whose community

standards are used?” Because Internet content publishers cannot easily direct their

4. Many companies believe that they have a duty to stop the viewing of pornography in the

Teaching

Tip

Discuss the ethical and practical issues in placing the enforcement of bans on

hate speech in the hands of ISPs.

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Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act

1. Discuss the key requirements of the Controlling the Assault of Non-Solicited

G. Fake News

1. Note that journalism, including the ways in which people get their news, is going through

2. Much online news continues to come from traditional news sources; however, readers

looking for news and information online will also find a wide range of nontraditional

3. Note that the proliferation of online sources of information and opinion means that the

Internet is full of “news” accounts that are, in fact, highly opinionated, fictionalized, or

Critical Thinking Exercise: Filing a John Doe Lawsuit

1. Students’ answers to this will vary. Encourage students to first consider the question

presented in the exercise: Do they think such a tactic will be effective? Then, ask them to

Quick Quiz 2

1. A _____ is employed by corporations, government officials, and others against citizens

and community groups who oppose them on matters of public interest.

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2. (True or False) The use of a remailer keeps communications anonymous; what is

communicated, and whether it is ethical or legal, is up to the sender.

3. (True or False) Anonymity on the Internet is guaranteed.

4. _____ involves sending sexual messages, nude or seminude photos, or sexually explicit

videos over a cell phone—is a fast-growing trend among teens and young adults.

5. (True or False) The proliferation of online sources of information and opinion means that

the Internet is full of “news” accounts that are, in fact, highly opinionated, fictionalized,

or satirical accounts of current events presented in journalistic style.

Discussion Questions

1. How do much do you value “freedom of expression” when faced with certain speech

(whether online, in person, in the form of a protest, or in some other context) that you

find personally offensive? Have you ever expressed an opinion (whether online, in

and circumstances.

2. What is “indecent material”? Does the definition of indecency vary by culture, and if so,

is it possible to block access to websites that originate in countries with a different

indecency standard?

Additional Projects

1. Design a computer usage policy for a company that is trying to establish a working

environment in which a priority is placed on preserving corporate network capacity,

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2. Write a paper that outlines the difficulty in designing legislation to control objectionable

material on the Internet, including a description of such attempts in the past.

3. Research doxing, including the extent to which it is being used as a tool to shut down free

Additional Resources

1. “Free Speech,” Electronic Frontier Foundation, (https://www.eff.org/issues/free-speech)

2. “Combat Hate and Protect Communities,” Anti-Defamation League,

Key Terms

anonymous expression: The expression of opinions by people who do not reveal their identity.

anonymous remailer service: A service that allows anonymity on the Internet by using a

computer program which strips the originating header and/or IP address from the message and

then forwards the message to its intended recipient.

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Communications Decency Act (CDA): Title V of the Telecommunications Act, it aimed at

protecting children from pornography, including imposing $250,000 fines and prison terms of up

to two years for the transmission of “indecent” material over the Internet.

Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM): A law

defamation: Making either an oral or a written statement of alleged fact that is false and that

harms another person.

Digital Millennium Copyright Act (DMCA): Signed into law in 1998, the act addresses a

number of copyright-related issues, with Title II of the act providing limitations on the liability

of an ISP for copyright infringement

Internet censorship: The control or suppression of the publishing or accessing of information

on the Internet.

Internet filter: Software that can be used to block access to certain websites that contain

material deemed inappropriate or offensive.

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strategic lawsuit against public participation (SLAPP): A lawsuit filed by corporations,

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