------------------------------ From: Moderators Subject: Censorship on the Nets Date: Sat, 13 Oct 90 02:44 CDT ******************************************************************** *** CuD #2.08: File 4 of 5: Comment on Censorship and BBSs *** ******************************************************************** The previous author raised serious questions about censorship. What are the dangers when a large corporation, one that might be intimidated by advertisers or other external powers, assumes control or excessive influence over a system? If university systems allow free and unconstrained dialogue across the nets, there is likely to be substantive content that some find objectionable. When posters resort to racially derogatory posts, invoke the "seven words" prohibited by the FCC, or exchange materials that, for example, a major government agency finds unacceptable, should that university restrict access by users or the content of material? Those who subscribe to many of the various hotlines or news groups have seen content that goes well beyond that generally tolerated by most of us. Generally, problems are readily dealt with informally. But, what happens when pressure comes from an external source? In the MARS incident, the NSF flexed its fiscal muscles (according to those on the receiving end). The following two posts excerpted from MARS are typical of the response of those who may not appreciate some material but who find censorship even more objectionable: The gifs were obviously deleted. I am not sorry to see them gone either. The MARS hotel was shut down because of complaints about "offensive" pictures on this bbs. (Or at least that was the latest from my source.) Frankly, I don't care if they are here or not, I just don't see why people are complaining about them. If you don't like them, then don't look. (IGNORE IT!!!!) I also don't like the idea of the university having to censor this board to suit the narrow-minded leanings of a few people who evidently have nothing better to do than hunt for stuff to come down on. Just my two cents worth. +++++++++++++++++++++++++ I see that the repulsive head of CENSORSHIP has raised it's ugly head once more. I thought the dark ages were over but apparently a few still cling to the past. If these pictures were offensive to anyone then all that had to be done was ignore them. To impose ones views on a group of people simple because YOU think it is wrong is tantmount to hitler slaughtering the jews because they weren't his TYPE oF SUPREME BEING. Again i am sorry that CENSORSHIP found its way into another democratic haven of society but alas it will always be found where the residents don't conform to the STANDARDS of the MORAL MAJORITY ( i use the term sarcasticly). ++++++++++++++++++++++ According to posts and conversations, Washington University (in St. Louis) has also experienced problems. The following note was posted on MARS and summarizes the response to the apparent intrusion of net-censors: ++++(Begin post)++++ Ok users, wuarchive.wustl.edu has also been forced to remove all their r,x-rated GIFS! this is why: ++++++++++++++++++++++++++++++ README ++++++++++++++++++++++++++++++ Questions have been raised regarding the appropriateness of maintaining this material as part of a university archive and making the material available over the NSF network. The material has been removed pending the outcome of an investigation. If your organization uses this material for academic or research purposes, and would be willing to provide written evidence for our investigation, please send e-mail to archive@wuarchive.wustl.edu. Please read the file 'WHY' to get an unofficial explanation of what's going on. ++++++++++++++++++++++++++++++ WHY ++++++++++++++++++++++++++++++ This all started in February 1990 when the Washington University Chancellor's Office received a letter from an irate individual who claimed that Washington University was committing a grave offense by making available a collection of GIF pictures which more-or-less explicitly depicted sexual acts (as implied by the name of the directory). The claims included things such as aiding and abetting sexual harassment, misuse of resources, unprofessional conduct, and placing `obviously unethical' individuals in a position of trust. The reaction of the Chancellor's Office was "Please let us know what is going on, this must be replied to..." The ball was passed on the the Office of the Network Coordinator, which owns and operates wuarchive. After a long series of "we don't want to be involved in censorship" statements by everyone involved, an investigation was launched into the legal ramifications of making such material available. What it comes down to is this: 1) Making the material available is perfectly legal, according to the University's legal counsel (they cited 1-900 numbers as an excellent example). 2) These GIF pictures are hardly the highest priority material in the archives, and resources would be devoted to them only as long as they didn't interfere with the more valuable services. 3) University personnel were not involved in the maintenance of this section of the archives. The GIF archives are entirely maintained by a student of another University. 4) We can't make the material available unless we can show that it has some academic or research value. All sites which join the Internet must sign a contract which states, in part, that all use of the Internet will be in support of research or education. It is the feeling that virtually all of the material in the archives could be justified except the R_X_rated GIFs. *ALL* of the people who work with the archives *EMPHATICALLY* do NOT support censorship in any form. However, we are bound by the contracts our employers have signed regarding this matter. If you are a professor at an institution of higher learning, or a legitimate researcher, and feel that this material would be useful for your teaching or research, please send a letter ON UNIVERSITY OR CORPORATE LETTERHEAD to this address: Washington University Office of the Network Coordinator One Brookings Drive Campus Box 1048 Saint Louis, MO 63130-4899 USA If you are a student or individual in a non-academic or non-research position, PLEASE don't waste our time... The archivers put a lot of personal time into keeping wuarchive one of the best archives in the world and we don't appreciate being called names or spending our time reading junk mail. Be aware that if you DO write a letter supporting this material, you may one day be called upon to support your position. It is a very sensitive issue and will undoubtedly some day be considered by highly-placed government officials, and subjected to public scrutiny. Signed, The Maintainers of Wuarchive ++++(End Post)++++ We have not yet had the chance to look into the WU situation or to dig out information on other systems that have had similar problems. The above examples deal with x/r-rated material, which some may find an issue not sufficiently important to worry about. There is, of course, a sticky area in making freely available adult-oriented contents that are accessibility by juveniles. But, the issue is *NOT* cyber-porn! Rather, it is one of how e-space shall be controlled, if at all. Who determines what shall be permitted and what shall not be? Can a few angry letters to a federal bureaucrat invoke threats of fiscal blackmail? Should there be an appeals process? Can an angry letter in one state be justification to censor materials in another? Recent federal prosecutions and application of RICO to close down an entire establishment, upheld this week by the U.S. Supreme Court, has serious implications for BBS sysops. It would seem that officials could confiscate the equipment of a sysop who maintained adult .gif/.gl files. We have also seen in other prosecutions who "wire fraud" and other inter-state "crimes" can be cleverly used to bring criminal charges that far exceed the alleged wrong-doing. The issue confronting modemists is that of how statutes will be enacted and enforced in the coming decade. The logic underlying intrusion into boards that contain adult material can also be applied to other material as well. The questions is not whether we support "pornography," but whether cyber-space shall be free or whether it shall be regulated. A recent article in the Federal Communications Law Journal (E. Jensen, "An Electronic Soapbox: Computer Bulletin Boards and the First Amendment," Vol. 39: 217-258) raised the spectre of "licensing" BBSs. Although this is not currently a realistic option, the potential risks of such an approach, and others that restrict freedom of communication across the lines, should be met head-on and not after restrictive laws or policies are in effect. It seems that government controls over e-space are creeping slowly into electronic communications in ways that, if done in other media would invoke immediate public outrage. Until early 1990, there has been no organized constituency to lobby for legislative changes or to guard against the inflammatory rhetoric of *some* officials and journalists. In the past six months, modemists have become more aware of the potential problems in the electronic frontier and have mobilized. Although EFF and CPSR have received most of the attention, other individuals and groups have also been active in organizing conferences, delivering lectures, or in just contributing to the dialogues about the problems of creating a responsible modem community on one hand and preventing unnecessary governmental encroachment on the other. The bottom line is that this is *NOT* a "computer problem." It is a POLITICAL problem, and PC/modem users should recognize that unless they become politically involved, the new frontier may be quickly closed. Among many others, Jim Warren has been active in developing political strategies to address many of these issues. In the following file Jim raises a number of crucial points. ******************************************************************** >> END OF THIS FILE << *************************************************************************** Downloaded From P-80 International Information Systems 304-744-2253 12yrs+