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Computer Crime and
Intellectual Property Section (CCIPS)
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Speech Issues in the High-tech Context
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Internet Online Summit, December 1-3, 1997
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Hate Speech and the Internet
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1997 Report on the Availability of Bombmaking Information
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Cyberstalking and Harassing Speech
A. Internet Online Summit, December 1-3, 1997
After the Supreme Court struck down parts of the Communications
Decency Act (CDA) in 1996, industry members, advocacy groups, and law enforcement
(including CCIPS), many which had been on opposite sides in the CDA litigation,
joined forces to sponsor the "Internet Online Summit: Focus on Children."
The Summit's mission was to promote voluntary measures and technology tools
to protect children from online predators and child pornographers. At the
summit, the online service providers representing 95% of the home users
market announced a "Zero
Tolerance Policy" for child pornography. The Attorney
General announced, among other initiatives, the formation of an
industry-law enforcement "Safety Forum", and the sponsorship of a 24-hour
"CyberTipLine", to be run by the National Center for Missing and Exploited
Children. Vice
President Gore also addressed the Summit, congratulating industry
providers for their efforts to combat child predators and child pornographers,
and announcing a public education campaign and Internet teach-in, aimed
at making the Internet a safe place for children and families.
B. Hate Speech and the Internet
In November 1997, the UN High Commissioner for Human Rights
sponsored a seminar in Geneva, Switzerland on Hate Speech and the Internet.
A CCIPS attorney delivered a speech outlining the First Amendment principles
protecting racially biased speech against government censorship. The text
of the speech is available via the link below:
C. 1997 Report on the Availability of Bombmaking Information
In section 709(a) of the Antiterrorism and Effective Death
Penalty Act of 1996 ["the AEDPA"],Pub. L. No. 104-132, 110 Stat. 1214,
1297 (1996), Congress provided that, inconsultation with such other officials
and individuals as she
considers appropriate, the Attorney General shall conduct a study concerning
various issues related to availability to the public material in any medium
(including print, electronic, or film) that provides instructionon
how to make bombs, destructive devices, of weapons of mass destruction;
the extent to which information gained from such material has been used
in incidents of domestic of international terrorism; the likelihood
that such information may be used in future incidents of terrorism; the
application of Federal laws in effect on the date of enactment of this
Act to such material; the need and utility, if any, for additional laws
relating to such material; and an assessment of the extent to which the
first amendment protects such material and its private and commercial distribution.
Section 709(b) of the AEDPA, in turn, requires the Attorney General
to submit to the Congress a report containing the results of the study,
and to make that report available to the public. That report was submitted
to Congress in April 1997. It is available via the link below:
D. Cyberstalking and Harassing Speech
Cyberstalking
The rapid growth of the Internet and other telecommunications technologies
are promoting advances in virtually every aspect of society and every corner
of the globe. Most of these advances represent positive changes in our
society. Unfortunately, many of the attributes of this technology - low
cost, ease of use, and anonymous nature, among others - make it an attractive
medium for fraudulent scams, child sexual exploitation, and increasingly,
a new concern known as "cyberstalking." Recognizing this emerging problem,
Vice President Al Gore asked the Attorney General on February 26, 1999,
to study the problem and to report back with recommendations on how to
protect people from this threat. The report can be found by following the
link below:
On April 21, 1999, Carl Edward Johnson, 49, of Bienfait, Saskatchewan,
Canada, was convicted on four felony counts of sending threatening e-mail
messages via the Internet to federal judges and others. The charges
were based on death threats posted to the Internet naming two federal judges
based in Tacoma and Seattle and on an e-mail threat sent directly to Microsoft
Chairman Bill Gates. Although Johnson had used anonymous remailers
and forged e-mail address information in an attempt to disguise his identity,
Judge Bryan found that the Government's technical evidence proved Johnson’s
authorship. On June 11, 1999, Johnson was sentenced to thirty-seven
months of imprisonment for his crimes.
Harassing Speech
On October 16, 1998, an individual pleaded guilty in the Eastern District
of Virginia to a felony for repeatedly causing e-mail to be transmitted
over the Internet solely with the intent to harass another individual.
Additional information regarding this case is available via the link below:
Go to . . . CCIPS
home page || Justice Department
home page
Updated page March 28, 2000
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