Update! Federal judges declare censorship law unconstitutional!Bill Gates’ response to the June 12 court decision:"This is a great victory for anyone who cares about freedom of expression or the future of the Internet. Freedom of speech on the Internet deserves the same protection as freedom of the press, freedom of speech, or freedom of assembly. "We support thoughtful efforts to ensure that children and other users are not exposed to objectionable material, but Microsoft believes that technology can provide a much more effective safeguard without restricting the free flow of ideas and opinions on the Internet." |
Around the world, the Internet is inspiring many
emotions-excitement, hope, and more than a little outrage.
Controversy is arising over the ease with which objectionable
material can be accessed electronically. Smut, libel and stolen
intellectual property are commonplace.
Equally controversial are the steps some governments
are taking to limit access to certains kinds of information on
the Internet.
Objections may be loudest in the U.S., where denizens
of the Internet have grown accustomed of late to seeing blue ribbons
adorning many web pages. These ribbons are a plea for the right
to free speech in cyberspace.
It's a right the U.S. Congress abridged to an unfortunate
extent when it recently passed the sweeping Telecommunications
Reform Act, legislation that also took many positive steps, such
as opening the telecommunications industry to broad competition
and encouraging investment in modern network infrastructure.
The most striking evidence that Congress went overboard
was language in a part of the new law called the Communications
Decency Act that could make it a felony, punishable by five years
in prison and a $250,000 fine, to discuss topics such as detailed
information about birth control, AIDS prevention and how to get
a legal abortion. The Clinton Administration has vowed not to
enforce this provision, which is being contested now in federal
court in Philadelphia.
Some people think the Internet should be wide open.
They believe interactive networks are a world apart, in which
copyright, libel, pornography and confidentially laws do not apply.
This is a naïve dream which fails to recognize that the Internet
is going to be a vital part of mainstream life, not a lawless
backwater.
At the other extreme, some people think the Internet
should be tightly controlled. They would ruin the Internet in
the name of reining it in.
We must find a balance that lets the Internet be
both open and sheltered from abuse.
A web page devoted to the blue-ribbon campaign got
it right: "The voice of reason knows that free speech doesn't
equate to sexual harassment, abuse of children, or the breeding
of hatred or intolerance. We insist that any material that's legal
in bookstores, newspapers, or public libraries must be legal online."
The United States isn't the only place clamping down.
In every country you'll find sensitivity to some type of material.
China is attempting to restrict political expression
broadly, in the name of security and social stability. It requires
users of the Internet and electronic mail to register.
In the United Kingdom, state secrets and personal
attacks are off limits. Laws are quite strict, and the government
is keenly interested in regulating the Internet with respect to
these subjects.
In France, which has a proud heritage of press freedom,
the Internet attracted recent attention when a banned book on
the health history of former French president Francois Mitterrand
was republished electronically on the World Wide Web.
As it happens, the electronic republication of "Le
Grand Secret" by a third party wasn't banned by a court that
ruled that the printed version of the book unlawfully violated
Mitterrand's privacy. But if it had been banned, the content easily
could have been placed on a web server outside of France and beyond
the jurisdiction of French law.
This is a real problem for governments. Germany,
for example, wants to keep neo-Nazi propaganda from its citizens
even though the information is posted on a server in Canada--where
it is perfectly legal.
Governments have long tried to keep unwanted information
outside of national borders. Until very recently, Japan considered
almost any picture or video that displayed full frontal nudity
to be taboo. Dozens of housewives equipped with sandpaper were
employed to scratch the objectionable material from pictures in
imported magazine such as Playboy.
But attitudes have changed so dramatically that many
popular Japanese weekly magazines now include photographs of nude
females. Presumably the sandpaper trade is a dying profession.
In the emerging world of interactive networks, companies
that distribute packets of electronic information cannot be asked
to filter the content of what they carry, any more than a telephone
company can be asked to take responsibility for everything that
is spoken on a telephone system.
So how can authorities, including parents in any
country, effectively filter access to information on the Internet?
The best solution I know of is for authorized organizations
to review, categorize and rate the content of web pages, so that
software can filter out that which is deemed inappropriate.
Ratings are not a new idea. Movies are already rated
in many countries, although to varying standards (Canada alone
has seven standards systems, with most provinces having their
own). In the United States, where Congress has mandated that new
televisions soon be equipped with a so-called "V-chip"
to allow parents to block unsuitable shows, the commercial networks
are moving toward a ratings system.
Ratings are rapidly coming to the Internet. CompuServe's
new WOW service allows parents to limit their children to approved
Internet sites, and Microsoft is among companies building support
for ratings into forthcoming web-browsing software. Parents will
be able to configure the software to display information only
from sites that have acceptable ratings.
Different rating systems are likely to answer key
questions differently, giving parents-and governments-a choice
of approaches.
For example, one question is whether advertisements
should be rated so they can be blocked. Televised baseball is
suitable for small children, but the accompanying commercials
for violent movies may not be. Similarly, the editorial content
of an Internet site may be kid-friendly even though the advertising
it displays isn't.
No rating scheme is perfect. Some objectionable material
will get through. But a rating system will work most of the time,
and is the best approach I can imagine that doesn't unduly interfere
with the great benefits of the Internet.
We should resist measures that go too far. If authorities
aren't careful, they'll eliminate much that's good about the interactive
medium while trying to root out "bad" content.
© 1996 New York Times Syndicate>