Legislation,
the Constitution,
and
the Individual
What
implications does the Constitution
have on the Internet and the individual?
• The
First Amendment
guarantees the individual the right to free speech; a right reinforced
by the Supreme Court's ruling against the Communication Decency Act.
• The
Fourth Amendment protects
the individual against unreasonable searches and seizures.
Many Americans fear that the Patriot Act impedes upon the rights
illustrated in the Fourth Amendment.
• Two
members of the Notre
Dame Webgroup, Professor Albert Barabasi and Professor
Sheri Alpert, fear that their personal rights and freedoms are threatened
by the Patriot Act.
• Click
to see how law
students at Harvard University address the relationship
between the individual and the Internet

What implications does recent
legislation have on the Internet
and the individual?
• The
Communications
Decency Act was passed (and later declared void by the Supreme
Court) along with others in the Telecommunications Acts of 1996.
• The
CDA attempted to "provide protections against harassment, obscenity
and indecency to minors by means
of telecommunications devices."
• In
the Supreme
Court's decision a large battle was won for the protection
of free speech on the internet.
•
News.com
believes the decision was monumental
for internet users everywhere.

• Soon
after the attacks of September 11, 2001, Congress passed the
Patriot Act to "deter and punish terrorist acts
in the United States and around the world, to enhance law enforcement
investigatory tools, and for other purposes." Click to hear Dennis
Kucinich 's remarks and Daniel
Ellsberg's opinion regarding the Patriot Act.
• The Electronic
Frontier Foundation (EFF)
believes that the Patriot Act "has given sweeping new powers
to both domestic law enforcement and international intelligence agencies
and has eliminated the checks and balances that previously gave the
courts the opportunity to ensure that these powers were not abused."
• LifeandLiberty.gov
believes otherwise. They maintain that the Patriot Act "unites
and strengthens America by providing appropriate tools required to intercept
and obstruct terrorism."
• Click
to see the results of
a survey in which 29 Notre Dame students and 26 Notre Dame parents responded
to questions regarding Internet regulation by the government and how
it affects them personally.

• In
order to bridge the Digital Divide, many public places such as libraries
and schools have begun providing access to the Internet.
• Congress
passed the
Children's Internet Protection Act in 1999 to require public
places to filter out certain websites.
• The
American Civil Liberties Union
(ACLU) thinks
that "the government is choking off the free flow of information on
the Internet to the library patrons who need it the most."
• The
Supreme Court,
however, overturned a decision by a lower court and maintained the consitutionality
of the CIPA.
• In
2003, Congress passed the
Global Internet Freedom Act to "develop and deploy
technologies to defeat internet jamming and censorship, and for other
reasons." Both the domestic and international response has been
mixed, though one British citizen
reacted positively to the news.
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