[comp.org.eff.talk] Censorship on the EF

ggw%wolves@cs.duke.edu (Gregory G. Woodbury) (01/15/91)

Carolyn Kotlas, writing to the ethics@uncecs.edu mailing list, says, in part:
>
> Not every case has a tidy and satisfying solution.  The ragged edges are
> those questions that never quite get answered and continue to pop up.  I've
> collected some of these questions here to start this discussion.  Again,
> please feel free to join in with your own questions...and, of course, any
> answers you may have, too!
> 
> -- General questions
>  Just what do we mean by censorship?  Is censorship a good, bad, or     
>      neutral thing?
>  Does cutting off the flow of messages in an overloaded communication   
>      system constitute censorship?
>  What should be done when giving users the freedom to communicate any   
>      messages causes some users to remove themselves from the forum?      
>      Should we care if some users are offended by some of the messages?
>  In questions of what constitutes obscenity in our society, local
>      community standards are often applied.  When the entire world     
>      constitutes the electronic communication community, whose standards
>      can be applied?

Carolyn, once again, brings some good questions to our attention.
Having observed and participated in lots of the discussions on Usenet,
here are some of my particular answers for this part of Carolyn's
question set.

Censorship: the act of suppressing an expression or action that is
    objectionable.  Specifically, expressions that are "immoral,
    profane, seditious, heretical or otherwise offensive."  This can
    also apply to information "harmfull to one's country's or
    organization's interests".

    There is a strong tendancy in some quarters to limit the term
    censorship to "official" or "governmental" actions, but the generic
    definition does not support this narrow view.

	Censorship, per se, is not good or bad, but it is not neutral
    either.  Neutrality implies that there can be a take it or leave it
    attitude about it, and this issue is more likely to cause strong
    polarized reactions.

	On the Electronic Frontier (EF), censorship becomes both harder
    and easier to perform.  It is harder to completely control the
    contents of all the channels of communication, and information has
    more ways to be heard despite attempts to suppress it.  On the
    other hand, on a controlled channel, the information can often be
    suppressed completely and without a trace of the suppression.

Censorship and Bandwidth

	Simply cutting down the number of messages to limit bandwidth
    consumed is not censorship.  That is, as long as all messages are
    limited in the same manner and fashion, without regard to their
    content.

	Once the door opens to examining content and/or context, the
    waters get very muddy, fast!

	There seems to be a general agreement that a private institution
    has the right to limit the use of private resources to endeavors
    that further the goals of that organization.  As long as this
    limitation occurs with broad cuts, no one seems to have much
    difficulty.  (E.g.  cutting all "rec" newsgroups or all
    "soc.culture" newsgroups seems ok, but cutting "soc.culture.vietnam"
    and leaving "soc.culture.celtic" causes problems.)

	Some defenders of private property rights object to using the
    term censorship for private organizations' actions of this type.
    Others say "yes, its censorship (if you insist) but its also our
    machine and money."

	As a definite answer, its a MAYBE.  I tend to call it
    censorship, and grant that private entities have the right to censor
    when their resources are involved.

	It becomes a whole other question when the entity enters into a
    co-operative arrangement with others to provide services.  If the
    argreement is with a governmental or public entity, then part of the
    co-operative agreement is likely to be the loss of complete control
    over the resources used.  It also opens up the private entity to the
    justified scrutiny of the public into its actions in regards to the
    co-operative agreements.

Offensive information

	The question of offensive speech (where speech is interpreted
    broadly to include electronic communications) is always a delicate
    one.  American culture attempts to draw a line between speech that
    is "merely offensive" and speech that is "harmful, obscene or
    treasonous".  Other cultures and governments draw the lines in
    different terms or different ways.

	It is very hard to "offend no one" and this results in very
    little of substance or debate occurring.  On the other hand, it is
    difficult to say that "this we will accept and no more" and then
    hold the line in the same spot for ever.  History has clear lessons
    on the issue.  Obviously, one MUST balance the desire to not be
    harmed and the desire to allow free expression.

	On the EF, this balance can be achieved by allowing the
    individual the options to filter what is seen.  This, I believe, is
    the correct answer - each person can choose what they will "hear".
    If they cannot manage the technology to prevent themselves from
    receiving the offensive information, that is their problem and they
    should not be allowed to force their filters on everyone.

Obscenity is in the mind of the beholder

	This brings us to the question of "obscenity".  It is an
    Americanism that allows "local standards" to define obscenity.
    Given that individuals have the means to control the information
    that they receive, then there is no need to invoke the god of
    community standards to limit the origination of information.

	It does point up an interesting question of being sure that the
    receiver of the information has enough information to assure that
    they will not be offended by something that may slip past their
    filter(s).  There are very few cases that I can imagine where the
    recipient has no warning or control over the receipt of a message.
    Actually, I can imagine none!  In every case, the information is
    available to be able to filter out practically anything one could
    wish!  For some people, there would be little information left to
    receive.
-- 
Gregory G. Woodbury @ The Wolves Den UNIX, Durham NC
UUCP: ...dukcds!wolves!ggw   ...mcnc!wolves!ggw           [use the maps!]
Domain: ggw@cds.duke.edu     ggw%wolves@mcnc.mcnc.org
[The line eater is a boojum snark! ]           <standard disclaimers apply>