Module 5: Freedom of Expression Flashcards
The expression of opinions by people who do not reveal their identity.
anonymous expression
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 remailer service
Laws designed to reduce frivolous SLAPPs (strategic lawsuit against public participation (SLAPP), which is a lawsuit filed by corporations, government officials, and others against citizens and community groups who oppose them on matters of concern).
anti-SLAPP laws
An act signed into law in 1998 with the aim of prohibiting the making of harmful material available to minors via the Internet; the law was ultimately ruled largely unconstitutional.
Child Online Protection Act (COPA)
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)
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.
Communications Decency Act (CDA)
A law that specifies that it is legal to spam, provided the messages meet a few basic requirements—spammers cannot disguise their identity by using a false return address, the email must include a label specifying that it is an ad or a solicitation, and the email must include a way for recipients to indicate that they do not want future mass mailings
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM)
Making either an oral or a written statement of alleged fact that is false and that harms another person.
defamation
Signed into law in 1998, the act addresses a number of copyright-related issues, with Title II of the act providing limitations on the liability of an Internet service provider for copyright infringement.
Digital Millennium Copyright Act (DMCA)
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
The first amendment in the U.S. Constitution that protects Americans’ rights to freedom of religion, freedom of expression, and freedom to assemble peaceably.
First Amendment
Persistent or malicious harassment aimed at a specific person that can be prosecuted under the law.
hate speech
The control or suppression of the publishing or accessing of information on the Internet.
Internet censorship
Software that can be used to block access to certain websites that contain material deemed inappropriate or offensive.
Internet filter
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
A written defamatory statement.
libel
A section of the Communications Decency Act that 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
Sending sexual messages, nude or seminude photos, or sexually explicit videos over a cell phone.
sexting
An oral defamatory statement
slander
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
strategic lawsuit against public participation (SLAPP)
The ______ protects Americans’ rights to freedom of religion, freedom of expression, and freedom to peaceably assemble.
First Amendment
The Supreme Court has held that obscene speech and defamation may be forbidden by the government. True or False?
True
An important Supreme Court case that established a three-part test to determine if material is obscene and therefore not protected speech was _______.
Miller v. California
Making either an oral or a written statement of alleged fact that is false and harms another person is
defamation
Section 230 of the ________ provides immunity to an Internet service provider that publishes user-generated content, as long as its actions do not rise to the level of a content provider.
Communications Decency Act
This law required federally financed schools and libraries to use some form of technological protection to block computer access to obscene material, pornography, and anything else considered harmful to minors.
Children’s Internet Protection Act
The country with perhaps the most rigorous Internet censorship in the world is
China
An anti-SLAPP law is used by government officials against citizens who oppose them on matters of public concern. True or False?
False
________ involves 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
An aggrieved party can file a ______ lawsuit against a defendant whose identity is temporarily unknown because he or she is communicating anonymously or using a pseudonym.
John Doe
The California State Court in Pre-Paid v. Sturtz et al. set a legal precedent that courts apply when deciding __________
whether or not to approve subpoenas requesting the identity of anonymous web posters
Persistent or malicious harassment aimed at an ethnic, racial, or religious group can be prosecuted as hate speech. True or False?
False
The ___________ Act specifies requirements that commercial emailers must follow when sending out messages that advertise or promote a commercial product or service.
CAN-SPAM
