FREEDOM OF EXPRESSION Flashcards
SKILL
Making either an oral or a written statement of alleged fact that is false and that harms another person.
DEFAMATION
An oral defamatory statement.
SLANDER
a written defamatory statement
LIEBEL
Title V of the Telecommunications Act, it aimed at protecting children from pornography, including imposing $250,000 fines and prison terms of up to two years for the transmission of “indecent” material over the Internet.
CDA - COMMUNICATION DECENCY ACT
was not ruled unconstitutional, states that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider provides immunity to an Internet service provider (ISP) that publishes user-generated content, as long as its actions do not rise to the level of a content provider
Section 230 of the CDA
Software that can be used to block access to certain websites that contain material deemed inappropriate or offensive.
INTERNET FILTERING
An act passed in 2000; it required federally financed schools and libraries to use some form of technological protection (such as an Internet filter) to block computer access to obscene material, pornography, and anything else considered harmful to minors.
Children’s Internet Protection Act (CIPA)
ISP CANNOT BE HELD RESPONSIBLE FOR COPYRIGHT INFRIGMENT
DMCA - DIGITAL MILLENIUM COPYRIGHT ACT
The control or suppression of the publishing or accessing of information on the Internet
INTERNET CENSORSHIP
A lawsuit filed by corporations, government officials, and others against citizens and community groups who oppose them on matters of concern. The lawsuit is typically without merit and is used to intimidate critics out of fear of the cost and effort associated with a major legal battle.
SLAPP - STRATIGIC LAWSUIT AGAINST PUBLIC PARTICVIPATION
The expression of opinions by people who do not reveal their identity.
ANONYMOUS EXPRESSION
Doing research on the Internet to obtain someone’s private personal information—such as home address, email address, phone numbers, and place of employment—and even private electronic documents, such as photographs, and then posting that information online without permission.
DOXING
A service that allows anonymity on the Internet by using a computer program that strips the originating header and/or IP address from the message and then forwards the message to its intended recipient.
ANONYMOUS EMAIL SERVICE
A type of lawsuit that organizations may file in order to gain subpoena power in an effort to learn the identity of anonymous Internet users who they believe have caused some form of harm to the organization through their postings.
JOHN DOE LAWSUIT
Persistent or malicious harassment aimed at a specific person that can be prosecuted under the law. CAN BE PROSECUTED IF CRIMINAL ACT AGAINST PERSON
HATE SPEECH
sites simply create entirely fictitious “news” stories and present them as fact
FAKE NEWS
SUPREME COURT ESTABLISHED 3 PART TEST DETERMINE MATERIAL IS OBSCENE AND NOT PROTEDTED SPEECH
MILLER VS CALIFORNIA
LEGAL PRECENDENT WHETHER OR NOT TO APPROVE SUBPOENA REQUESTING IDENTY OF ANONYMOUS WEB POST
CALIFORNIA STATE COURT VC PRE-PAID V STURTZ ET ALL
