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Disclaimer and Introductions |
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Regional Internet Censorship |
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Australia |
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China and Saudi Arabia |
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South Korea |
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Spain |
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France, Germany, and Europe |
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United States |
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Circumvention |
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Discussion |
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Resources |
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This presentation is for informational purposes
only. It does not constitute legal advice nor does it create an
attorney/client relationship. |
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Consult an attorney if you are considering
anything that may engender a legal risk. |
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Will Doherty, Electronic Frontier Foundation and
Online Policy Group, USA |
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Ben Edelman, Harvard University, USA |
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Kimberley Heitman, Electronic Frontiers
Australia |
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Kijoong Kim, Jinbonet, Korea |
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Arturo Quirantes, University of Granada, Spain |
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Kimberley Heitman of Electronic Frontier
Australia will provide a devastating critique of the effects on Australian
citizens of a nationwide Internet blocking law called Schedule 5 to the
Broadcasting Services Act of 1992. |
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Kimberley Heitman is a Perth, Western Australia,
lawyer specialising in technology law and Internet governance. He is
President of the Western Australian Internet Association, former Chairman
and current Board member of Electronic Frontiers Australia, Deputy Chair of
the Australian Domain Authority (auDA) and is involved in a number of
"digital divide" projects.Kim is a father of three and is
employed as a university lawyer and company director. Web http://www.kheitman.com,
email kheitman@kheitman.com |
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Harvard University’s Ben Edelman will summarize
research about China’s filtering systems which block news and political
sites as well as portions of Google. |
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Harvard University’s Ben Edelman will summarize
research documenting Saudi Arabia’s blocking of thousands of sexually
explicit sites as well as pages related to alcohol, drugs, Middle Eastern
politics, and religion. |
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Benjamin Edelman is a student at the Harvard Law
School and a fellow at the Berkman Center for Internet & Society.
He has studied Internet filtering for three years, including both
commercial filtering applications and nationwide filtering used by certain
governments. He served as an expert in Multnomah County Public Library
et al., vs. United States of America, et al., challenging the
constitutionality of the Children's Internet Protection Act, a 2000 statute
requiring filtering software in certain public libraries and schools
receiving federal funding. Mr. Edelman's other major areas of
research are domain names, ICANN, and quantitative analysis of Internet
usage. Web http://cyber.law.harvard.edu/edelman, email
edelman@law.harvard.edu |
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Kijoong Kim will discuss the Internet Contents
Regulation System in South Korea. The Korean Ministry of Information &
Communication (MIC) proposed requiring a PICS rating system for all web
content in 2000, but the proposal was defeated after activists initiated
DDOS attacks on the MIC website. A Korean organizer will describe the 2001
version of the law, which passed including a provision prohibiting online
protests. |
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Legal counsel for Jinbonet in South Korea |
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Litigant in constitutional cases involving film
and Internet censorship |
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Among other topics, Arturo Quirantes will
discuss Spain‘s 2002 law requiring web publishers to register sites with
the government or pay large fines. 415 Spanish webmasters responded by
replacing their websites with a protest page. Spain also passed legislation
authorizing judges to shut down Spanish sites and block access to websites
that don't comply with national laws. |
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Arturo Quirantes is a professor at the
University of Granada (Spain).He is a member of CPSR-Spain (the Spanish
chapter of Computer Professionals for Social Responsibility), a freelance
researcher,and a writer on cryptography (including its historical ramifications),as
well as co-organizer of the Big Brother Awards Spain. Web http://www.ugr.es/~aquiran/cripto/cripto.htm,
email aquiran@ugr.es |
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France and Germany passed laws to block hate
speech online and pressured U.S.-based sites to remove content. In addition
to the familiar Yahoo France case concerning Nazi memorabilia, the Council
of Europe is considering a measure to ban anti-racist content. |
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Will Doherty (Electronic Frontier Foundation and
Online Policy Group) will cover recent research on the effects of the U.S.
Congress’ passage of the Children’s Internet Protection Act (CIPA) in 2000
to require schools and libraries that receive certain federal funding or
discounts to install Internet filtering software. The library portion of
CIPA is on appeal to the U.S. Supreme Court. No legal challenge has yet
been filed against the part of CIPA that requires schools to install
filtering software, damaging the educational opportunities of millions of
U.S. school children. |
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No Internet censorship yet found constitutional: |
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Communications Decency Act (CDA) |
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Child Online Protection Act (COPA) |
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Children’s Internet Protection Act (CIPA):
library portion before US Supreme Court, school portion unchallenged |
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Legal focus on: |
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Obscenity |
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Child Pornography |
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Harmful to Minors |
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Local Jurisdictions: |
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Holland, MI (referendum requiring Internet
blocking defeated by popular vote) |
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Livermore, CA (Kathleen R., mother whose son
brought porn home from library, non-blocking policy upheld by court) |
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Loudon County, VA (strict adult blocking
requirement overturned by court) |
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San Francisco, CA (against blocking) |
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Santa Clara, CA (blocking in children’s area
only with access to adult area) |
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“Harmful to minors”: Ginsberg v. New York, 390
U.S. 629 (1968) |
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Obscenity:
Miller v. California, 413 U.S. 15 (1973) |
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Child pornography: New York v. Ferber, 458 U.S.
747 (1982) |
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CDA and Internet speech: Reno v. ACLU, 521 U.S.
844 (1997) |
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COPA: ACLU v. Ashcroft, 217 F.3d 162 (3d Cir.
2000) |
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Blocking: Mainstream Loudoun v. Bd. of Trustees
of the Loudoun County Library, 24 F.Supp.2d 552 (E.D.Va. 1998) |
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Library’s role: Kreimer v. Bureau of Police, 958
F.2d 1242, 1255 (3d Cir. 1992) (“quintessential locus of the receipt of
information”) |
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Library liability: Kathleen R. v. City of
Livermore and librarian working conditions case |
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Don't block all they are supposed to block |
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Block lots they are not supposed to block |
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Bias through categorization and categorization
scheme |
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Humans can't cover the entire gigantic evolving
web or keep up with all the changes |
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Software cannot judge due to complexity of human
culture and language |
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Cannot distinguish legal materials from illegal
materials |
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Circumvented by clever “children” |
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Reduce system performance with crashes, etc. |
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Some illegally obscene, child pornographic, and
harmful to minors materials |
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Lots of “controversial” content:
Activist
groups, civil rights groups, reproductive and child abuse info, lesbian,
gay, bisexual, and transgender community sites, Democrat more than
Republican sites, critics of blocking products, etc. |
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Lots of totally “non-controversial”
materials
US Constitution, Declaration of Independence, the Bible,
the Book of Mormon, the Koran, Smithsonian Institution, San Diego Zoo, the
American Red Cross, Republican Congressional Candidate Pollock’s site,
blocking product sites themselves, etc. |
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Media Literacy Education |
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Parents, teachers, librarians, administrators,
students, patrons |
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New technologies often engender fears due to
speculation and unknown outcomes |
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Education reduces fears that children know
technology better than adults |
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Internet Use Policies |
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Fashioned with local community input and
according to local community standards |
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Respecting community diversity and
constitutional protections |
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Supportive Supervision (non-invasive) |
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Referrals for Problem Cases |
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Department of Justice seizes domain names: |
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iSONews.com website: prosecuted under Digital
Millennium Copyright Act (DMCA) for alleged sale of bootleg Xbox microchips
(resurfaced at stolemy.com) |
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“Operation Pipe Dream” seizes drug paraphernalia
sites like OmniLounge.com redirected to DOJ-created website with potential
for website visitor tracking and email surveillance |
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US Internet service providers refuse service: |
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YellowTimes.org apparently for posting POW
pictures |
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Al Jazeera: recently found European provider and
Akamai mirroring when US provider cancelled service, DNS hacked by Verisign
or other unknown party |
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Rage Against the Machine: when FBI called ISP
host |
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Yahoo account closures: peace organizers,
sexuality and gender support groups, other communities |
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Everyone’s Internet removes sites featuring
Palestinian and Taliban fighting personnel |
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Hypervine removed allewislive.com…and many
more... |
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Will Doherty serves as the Media Relations
Director of the Electronic Frontier Foundation where he pays special
attention to Internet blocking and censorship issues. Doherty also serves
as the Executive Director of the Online Policy Group (OPG), with the motto
“One Internet With Equal Access for All". Prior to founding OPG, he
was the Director of Online Community Development at the Gay & Lesbian
Alliance Against Defamation, where he focused on the online rights of
lesbian, gay, bisexual,and transgender communities. He managed GLAAD's
Digital Media Resource Center in San Francisco, cultivating strategic
partnerships in Silicon Valley and beyond. Doherty has more than twenty
years of experience as a computing consultant and online activist. In the
early 1980's, he worked on the ARPANET, precursor of the Internet. He
served as the Globalization Operations Manager at Sybase, Inc., and as a
Localization Program Manager and a Technical Writer for Sun Microsystems,
Inc. He has designed and implemented Internet strategies and websites for
many nonprofit community and advocacy organizations. Doherty holds an MBA
from Golden Gate University and a BS in Computer Science and Writing from
the Massachusetts Institute of Technology. |
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Seemingly contradictory to CIPA, U.S.
Representative Christopher Cox re-introduced in Jan. 2003 the Global
Internet Freedom Act (H.R. 48), which would provide $100 million over two
years to help private companies circumvent censorship by foreign
governments. Bill status: under review by House International Relations
Committee. |
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Attempts to subvert censorship by penetrating
government firewalls have included efforts from Peekabooty and Hacktivismo
(6/4). |
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SafeWeb’s last remaining client for the
TriangleBoy filtering circumvention software is one of the Voice of
America’s projects to drill holes in the Great Firewall of China. |
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Should all countries be held to the same
standard--the one-world jurisdiction of the Internet? What about cultural
and political differences? This panel presentation and audience discussion
will explore issues and tactics designed to counter government censorship,
preserve free expression, and strengthen the end-to-end connectivity of the
Internet. |
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Strategies for Countering Internet Censorship –
9:30pm tonight – Tribeca room |
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The Pennsylvania Child Pornography ISP Liability
Law – 9:30pm tonight – Room TBA |
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American Library Association:
http://www.ala.org/alaorg/oif/index.html |
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Ben Edelman and Jonathan Zittrain at Harvard
University: http://cyber.law.harvard.edu/filtering/ |
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Censorware: http://www.censorware.net |
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Chris Hunter at Annenberg School: http://www.asc.upenn.edu/usr/chunter |
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Electronic Frontier Foundation: http://www.eff.org |
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Electronic Frontier Australia: http://www.efa.org.au |
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Electronic Privacy Information Center: http://www.epic.org |
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Freedom of Expression Network: http://www.freeexpression.org |
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Freedom to Read Foundation: http://www.ftrf.org |
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Gay & Lesbian Alliance Against Defamation
(Access Denied): http://www.glaad.org |
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Global Internet Liberty Campaign (GILC): http://www.gilc.org/ |
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Karen Schneider’s “A Practical Guide to Internet
Filters”: email kgs@bluehighways.com |
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LSSI Campaign in Spain: http://www.ugr.es/~aquiran/cripto/tc-lssi.htm |
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Online Policy Group (Online Service Provider
Assessment): http://www.onlinepolicy.org |
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Peacefire: http://www.peacefire.org |
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American Family Assocation: http://www.afa.org/ |
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Enough Is Enough: http://www.enough.org/ |
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Filtering Facts: http://www.filterfacts.org/ |
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Filtering Info: http://www.filteringinfo.org/ |
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GetNetWise: http://www.getnetwise.org/ |
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NetMom: http://netmom.com/ikyp/samples/ask_protect11.shtml |
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National Law Center for Children and Families:
http://www.nationallawcenter.org/ |
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