Cyber Rights
   HOME

TheInfoList



OR:

''Cyber Rights: Defending Free Speech in the Digital Age'' is a
non-fiction Non-fiction (or nonfiction) is any document or content (media), media content that attempts, in good faith, to convey information only about the real life, real world, rather than being grounded in imagination. Non-fiction typically aims to pre ...
book about
cyberlaw Information technology law (IT law), also known as information, communication and technology law (ICT law) or cyberlaw, concerns the juridical regulation of information technology, its possibilities and the consequences of its use, including comp ...
, written by
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
Mike Godwin Michael Wayne Godwin (born October 26, 1956) is an American attorney and author. He was the first staff counsel of the Electronic Frontier Foundation (EFF), and he created the Internet adage Godwin's law and the notion of an Internet meme. From ...
. It was first published in 1998 by Times Books. It was republished in 2003 as a revised edition by
The MIT Press The MIT Press is the university press of the Massachusetts Institute of Technology (MIT), a private research university in Cambridge, Massachusetts. The MIT Press publishes a number of academic journals and has been a pioneer in the Open Ac ...
. Godwin graduated from the
University of Texas School of Law The University of Texas School of Law (Texas Law) is the Law school in the United States, law school of the University of Texas at Austin, a public university, public research university in Austin, Texas. According to Texas Law’s American Bar ...
in 1990 and was the first staff counsel for the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties. It provides funds for legal defense in court, ...
. Written with a first-person perspective, ''Cyber Rights'' offers a background in the legal issues and history pertaining to free speech on the
Internet The Internet (or internet) is the Global network, global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a internetworking, network of networks ...
. It documents the author's experiences in defending free speech online, and puts forth the thesis that "the remedy for the abuse of free speech is more speech". Godwin emphasizes that decisions made about the expression of ideas on the Internet affect freedom of speech in other media as well, as granted by the
First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...
. The book was received favorably by ''
Library Journal ''Library Journal'' is an American trade publication for librarians. It was founded in 1876 by Melvil Dewey. It reports news about the library world, emphasizing public libraries, and offers feature articles about aspects of professional prac ...
'', where it was "Recommended for anyone concerned about expression on the Internet and democratic society." ''
Publishers Weekly ''Publishers Weekly'' (''PW'') is an American weekly trade news magazine targeted at publishers, librarians, booksellers, and literary agents. Published continuously since 1872, it has carried the tagline, "The International News Magazine of ...
'' noted Godwin's "unusually broad view of free speech", and criticized the author for viewing issues "filtered through rose-colored screens". ''
The Philadelphia Inquirer ''The Philadelphia Inquirer'', often referred to simply as ''The Inquirer'', is a daily newspaper headquartered in Philadelphia, Pennsylvania. Founded on June 1, 1829, ''The Philadelphia Inquirer'' is the third-longest continuously operating da ...
'' highlighted ''Cyber Rights'' among "1998's Best Reading".


Contents

''Cyber Rights: Defending Free Speech in the Digital Age'' analyzes the legal issues involved with communicating on the Internet, including those relating to
Internet privacy Internet privacy involves the right or mandate of personal privacy concerning the storage, re-purposing, provision to third parties, and display of information pertaining to oneself via the Internet. Internet privacy is a subset of data privacy. P ...
and government involvement. The book is written with a first-person perspective: the reader learns of the author's morning ritual, the fact that his cat is named Francie and that he married a woman he met through a
Bulletin Board System A bulletin board system (BBS), also called a computer bulletin board service (CBBS), is a computer server running list of BBS software, software that allows users to connect to the system using a terminal program. Once logged in, the user perfor ...
. Godwin's motivation was to keep the Internet safe from government actions that restrict
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
. He asserts that the
First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...
should apply equally to the Internet as it does to other media. The book's early chapters ground the reader in principles involving
cyberspace Cyberspace is an interconnected digital environment. It is a type of virtual world popularized with the rise of the Internet. The term entered popular culture from science fiction and the arts but is now used by technology strategists, security ...
and the law. The author provides enough background that a layperson can understand the relevant legal history, including explaining
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
and the extent to which
copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...
ed text may be quoted and used under the
fair use Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to bal ...
principle. Godwin explains his goal is "to show that striking a balance in favor of individual rights has always been the right decision for us and that it remains so even when technology gives us new ways to exercise those rights. Individual liberty has never weakened us; freedom of speech, enhanced by the Net, will only make us stronger". He instructs the reader on how to become proficient in dealing with mainstream news media, writing, "Learn how to hack all the media. Then put that knowledge to good use". Subsequent chapters consider traditional challenges to broad free speech in the online context, including:
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
,
sexual harassment Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
, copyright and issues involving
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...
. He dismisses these issues as less important than freedom of speech. Godwin argues that individuals maintain latitude when communicating over the Internet because "it's far more likely that they'll do good than otherwise. This is because freedom of speech is itself a good. The framers of the Constitution were right to give it special protection, because societies in which people can speak freely are better off than societies in which they can't". The author discusses influential legal cases including a judgment involving
Compuserve CompuServe, Inc. (CompuServe Information Service, Inc., also known by its initialism CIS or later CSi) was an American Internet company that provided the first major commercial online service provider, online service. It opened in 1969 as a times ...
, where the court ruled that the
Internet service provider An Internet service provider (ISP) is an organization that provides a myriad of services related to accessing, using, managing, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, no ...
should be deemed similar to a bookstore avoiding liability for publishing potentially offensive speech. He recounts '' Steve Jackson Games, Inc. v. United States Secret Service'' which followed a raid by the
United States Secret Service The United States Secret Service (USSS or Secret Service) is a federal law enforcement agency under the Department of Homeland Security tasked with conducting criminal investigations and providing protection to American political leaders, thei ...
in 1990 on
Steve Jackson Games Steve Jackson Games (SJGames) is a game company, founded in 1980 by Steve Jackson, that creates and publishes role-playing, board, and card games, and (until 2019) the gaming magazine ''Pyramid''. History Founded in 1980, six years after the cr ...
and his involvement influencing the media relating to the incident. He cites the LaMacchia case, which dealt with charges of
copyright infringement of software Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the c ...
subsequently dismissed. An incident at
Santa Rosa Junior College Santa Rosa Junior College (SRJC) is a public community college in Santa Rosa, California with an additional campus in Petaluma and centers in surrounding Sonoma County. SRJC is governed by the Sonoma County Junior College District. History F ...
which involved issues of free speech and gender discrimination is discussed and analyzed in the book. Godwin analyzes the effects of a 1995 cover story "Cyberporn" in ''
Time Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' magazine and writings by Martin Rimm that discussed the effect of
Internet pornography Internet pornography or online pornography is any pornography that is accessible over the Internet; primarily via websites, FTP connections, peer-to-peer file sharing, or Usenet newsgroups. The greater accessibility of the World Wide Web from t ...
. He explains how the theories presented in the article were discredited. Godwin calls the incident following the ''Time'' article the "cyber-porn panic"; noting how the magazine published a cover story on a purported pornography "study" and how he and others exposed flaws in the piece. He cites the Communications Decency Act of 1996 (CDA) as an example of U.S. government action which cramps free speech. Godwin describes the subsequent attempts to defeat CDA. The
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
held two sections to be unconstitutional and Godwin recounts how he became emotional over the decision. Throughout the book Godwin emphasizes that "the remedy for the abuse of free speech is more speech". ''Cyber Rights'' puts forth the notion that "virtual communities" can be fostered on the Internet that serve the values of democracy, writing "The decisions we make about the Internet don't affect just the Internet – they are answers to basic questions about the relationship each citizen has to the government and about the extent to which we trust one another with the full range of fundamental rights granted by the Constitution".


Reception

''Cyber Rights: Defending Free Speech in the Digital Age'' was reviewed favorably in ''
Library Journal ''Library Journal'' is an American trade publication for librarians. It was founded in 1876 by Melvil Dewey. It reports news about the library world, emphasizing public libraries, and offers feature articles about aspects of professional prac ...
'', where it was described as "a provocative discussion of the social and legal issues concerning computer online communications". ''
Booklist ''Booklist'' is a publication of the American Library Association that provides critical reviews of books and audiovisual materials for all ages. ''Booklist''s primary audience consists of libraries, educators, and booksellers. The magazine is ...
'' observed, "He wants us to understand that the principles upon which this country is founded are unquestionably worth the risk. He passionately defends, in clear, one-two-three soundbites, the online freedom he wants his daughter to inherit, and he insists that his readers untangle the meanings behind the use of words such as indecency and pornography to frighten and to confuse." ''Cyber Rights: Defending Free Speech in the Digital Age'' also received a positive review in ''
Salon Salon may refer to: Common meanings * Beauty salon A beauty salon or beauty parlor is an establishment that provides Cosmetics, cosmetic treatments for people. Other variations of this type of business include hair salons, spas, day spas, ...
'', the ''
Columbia Journalism Review The ''Columbia Journalism Review'' (''CJR'') is a biannual magazine for professional journalists that has been published by the Columbia University Graduate School of Journalism since 1961. Its original purpose was "to assess the performance ...
'', and the ''
School Library Journal ''School Library Journal'' (''SLJ'') is an American monthly magazine containing reviews and other articles for school librarians, media specialists, and public librarians who work with young people. Articles cover a wide variety of topics, wi ...
''. ''
The New York Times Book Review ''The New York Times Book Review'' (''NYTBR'') is a weekly paper-magazine supplement to the Sunday edition of ''The New York Times'' in which current non-fiction and fiction books are reviewed. It is one of the most influential and widely rea ...
'' was critical of Godwin's writing style in the book, and observed, "He writes in a strong, piercing voice that probably does wonders in a courtroom, but comes off increasingly shrill over several hundred pages of commentary, and at one point fairly warns his reader, 'Subtlety isn't my strong point. The ''Journal of Information Ethics'' wrote, "This is less an analytic study than a personal survey of situations or occurrences articulated in an informal, colloquial, and anecdotal fashion. It is not aimed at the intelligentsia or legal profession, although members of these groups would certainly benefit from the details."


See also

* Godwin's law ;Books *'' Code and Other Laws of Cyberspace'' *''
The Hacker Crackdown ''The Hacker Crackdown: Law and Disorder on the Electronic Frontier'' is a work of nonfiction by Bruce Sterling first published in 1992. The book discusses watershed events in the hacker subculture in the early 1990s. The most notable topic cover ...
'' *'' Internet and Technology Law Desk Reference'' *'' Small Pieces Loosely Joined'' *'' Who Controls the Internet?'' ;Law centers * Berkman Center for Internet and Society at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
* Norwegian Research Center for Computers and Law *
Stanford Center for Internet and Society The Center for Internet and Society (CIS) is a public interest technology law and policy program founded in 2000 by Lawrence Lessig at Stanford Law School and a part of Law, Science and Technology Program at Stanford Law School. CIS brings toget ...
, at
Stanford Law School Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ...


References


Further reading

;Book reviews * * * * * * * * ;Related * * * * * * *


External links


''Cyber Rights'': About the Author
Panix.com

College of Behavioral and Social Sciences,
University of Maryland The University of Maryland, College Park (University of Maryland, UMD, or simply Maryland) is a public land-grant research university in College Park, Maryland, United States. Founded in 1856, UMD is the flagship institution of the Univ ...

''Cyber Rights''
The MIT Press The MIT Press is the university press of the Massachusetts Institute of Technology (MIT), a private research university in Cambridge, Massachusetts. The MIT Press publishes a number of academic journals and has been a pioneer in the Open Ac ...

What Every Citizen Should Know About DRM
{{Good article 1998 non-fiction books Books about the Internet Works about computer law Cyberspace Books about freedom of speech Times Books books