Access Denied by Ronald Deibert

Author:Ronald Deibert [SPi]
Language: eng
Format: epub
ISBN: 9780262042451
Publisher: MIT Press

Internet Filtering in the

United States and Canada

Introduction

Though neither the United States nor Canada practices widespread technical Internet filtering at the state level, the Internet is far from “unregulated” in either state.1 Internet content restrictions take the form of extensive legal regulation, as well as technical regulation of content in specific contexts, such as libraries and schools in the United States. The pressure to regulate specific content online has been expressed in concerns related to four problems: child-protection and morality, national security, intellectual property, and computer security. In the name of “protecting the children,” the United States has moved to step up enforcement of child pornography legislation and to pass new legislation that would restrict children’s access to material deemed “harmful.” Legislators invoke national security in calls to make Internet connections more traceable and easier to tap. Copyright holders have had the most success in this regard by pressing their claims that Internet intermediaries should bear more responsibility—and more liability—than they have in the past. Those concerned about computer security issues, such as badware and spam, have also prompted certain regulations of the flow of Internet content. In addition, in Canada, although not in the United States, publishing of hate speech is restricted.

Debate on each of these restrictions is heated. Public dialogue, legislative debate, and judicial review have resulted in different filtering strategies in the United States and Canada than those described elsewhere in this volume. In the United States, many government-mandated attempts to regulate content have been barred on First Amendment grounds. In the wake of these restrictions, though, fertile ground has been left for private-sector initiatives. The government has been able to exert pressure indirectly where it cannot directly censor. In Canada, the focus has been on government-facilitated industry self-regulation. With the exception of child pornography, Canadian and U.S. content restrictions tend to rely more on the removal of content than blocking; most often these controls rely upon the involvement of private parties, backed by state encouragement or the threat of legal action.2 In contrast to those regimes where the state mandates Internet service provider (ISP) action through legal or technical control, most content-regulatory urges in both the United States and Canada are directed through private action.

With only 5.1 percent of the world’s population, the United States and Canada are home to 21.1 percent of the world’s Internet users. Together their Internet penetration rate is 69.4 percent.3 Canada and the United States, however, have not kept pace with many other countries in expanding broadband access, slipping in the global ranking of Internet broadband penetration rates to 11th and 16th, respectively, in 2006.4 These high rates of Internet usage bring with them the ability of citizens to express dissenting points of view, as well as to engage in a large number of other activities (such as accessing pornography) that test a society’s dedication to free expression and privacy. Like the states that actively filter the Internet through technical means, Canada and the United States are not immune from the ongoing challenges that these tests pose.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.