Computer & Technology Laws and Free Speech on the Internet

Internet legal considerations are often intertwined with free speech issues.

Many computer and technology laws end up affecting freedom of speech rights, sometimes intentionally and sometimes unintentionally. Freedom of speech rights are different in every country, so how your right to free speech may be exercised over the Internet will depend on what country you reside in. Some countries are notorious for blocking access to certain websites and services and subsequently affecting free speech rights.

Freedom of Speech

Freedom of speech refers to the concept that individuals should be able to publish or say whatever they want without fear of censorship or reprisal. Freedom of speech is considered very important as a political right, as it guarantees the right to dissent from the popular ideas held by the political party currently holding power. In general the Internet promotes free speech by allowing individuals with unpopular ideas to express those ideas to a wide audience.

Limits to Free Speech

There are limits to free speech on the Internet and in every country that promotes the concept. For example, in most countries on the Internet, it is illegal to make defamatory comments about another person. Other areas where free speech is typically limited include hate speech and speech intended to cause mayhem or fighting.

Areas of Concern

One major area of concern when it comes to free speech and the Internet is the idea of a "kill switch" or a method whereby the government can limit access to the Internet if there is a cyber-terrorist attack. Although kill switches have been designed as a preventative measure, free speech advocates do not like the idea of a kill switch because such methods have been used to silence protestors. For example, the Egyptian government eliminated Internet access in 2011 to halt a popular uprising (unsuccessfully).

Computer Technology Laws

Countries such as Australia and China have specific policies on blocking access to certain websites on the Internet. Other countries such as the United States and England have considered enacting policies of censoring websites that offer access to illegal file-sharing. Such measures are considered detrimental to free speech; process of deciding what websites are to be blocked is subject to political tampering and the potential suppression of unpopular speech.

References

• CNN Tech; Can the Law Keep Up With Technology?; Manav Tanneeru; November 2009
• USA Today; 'Kill Switch' Internet Bill Alarms Privacy Experts; Jon Swartz; February 2011
• New York Times; India Puts Tight Leash on Internet Free Speech; Vikas Bajaj; April 2011
• The Guardian; Google boss: Anti-Piracy Laws Would be Disaster for Free Speech; Josh Halliday; May 2011
• Harvard University; Freedom of Expression on the Internet; William Fisher; June 2001

Resources

• UCLA: Cyberspace Law Bibliography
• Living Internet: Internet Freedom of Speech
• American Civil Liberties Union: Internet Censorship
• The Guardian: Timeline; A History of Free Speech; Smith Et Al; February 2006