That is why I found the tactics of the theocratic social conservatives deeply offensive. They were afraid that their convictions about pornography were unlikely to sway the majority of citizens in this country—so afraid, in fact, that they contrived a crisis (the threat to children posed by cyperporn) and even went so far as to help craft and position a purportedly objective (but in fact fraudulent) study whose real, cynical purpose was to promote a panic-driven anti-indecency legislative agenda.
American attorney and author
Michael Wayne Godwin (born October 26, 1956) is an American attorney and author. He was the first staff counsel of the Electronic Frontier Foundation, and was general counsel for the Wikimedia Foundation between July 2007 and October 2010.
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What adds to the uncertainty, Hansen said, is that the "defenses" provided by the statute—that is, the things you have to do to avoid criminal liability—are defined in terms of whatever filtering or screening technologies happen to be available at any given moment [...] use of "reasonable and effective measures under current technology". As a result, Hansen said, the defenses will change every time the technology changes.
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[The online users reaction to the cyberporn panic] may have been far more effective than a planned event would have been, however. It had vigor, spontaneity, and popular sentiment behind it and was driven by passion and not by calculated maneuvering. And it proved the power of online communities to take on the traditional media establishment, once the playing field has been leveled. The WELL and the World Wide Web and Usenet had leveled the field.
Perhaps the most likely scenario is this: At some near-future date, perhaps as early as 2010, individuals may no longer be able to do the kinds of things they routinely do with their digital tools in 2003. [...] You can't overestimate the extent to which the two factions are bot pro-copyright [...]. One thing the Tech Faction and the Content Faction have in common is that both supported the passage of the Digital Millennium Copyright Act in 1998.
Leaving aside the issue of whether the comments about Arata and Branham were grounded in hostility toward their gender (rather than hostility toward them as individuals), it seemed clear that what the OCR wants to ban here is not "written conduct" but speech. By classifying it as "conduct," the OCR hoped to bypass the First Amendment's protections.
I first became aware of this larger phenomenon in the wake of the bombing of a federal office building in Oklahoma City. In the days and weeks to follow, I got dozens of calls from the press asking me whether there was legislation pending to ban bomb information on the Net. [...] In reality, of course, the "Internet as threat" meme was generated and disseminated primarily by the press itself.
But don't confuse it with the first vision of "electronic democracy" [...] one day, we were told [in 1992], we'd listen to pundits and politicians debate the issues, and then we'd vote, maybe by pointing our remotes at our TV or computer monitors. Radical pluralism is something different. It's what happens when you put the power of a mass medium—computer communications—into the hands of individual citiens who could never have afforded creative access to other mass media like TV or newspapers. Everyone is now a "content producer".
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When I worked as a journalist in the 1980s, I was constantly reminded by sources of the common asumption that a newspaper or magazine article wouldn't get things right or would distort the facts to reflect a particular bias. [...] The major newspapers, magazines, and television networks, which are typically, if not always, components of larger corporate organizations, are increasingly regarded by Americans as just another special interest.