FREE ESSAY ON PORNOGRAPHY ON THE INTERNET

PORNOGRAPHY ON THE INTERNET

Pornography on the Internet
The Internet is a method of communication and a source of information that is becoming
popular among those who are interested in the information superhighway. The problem with
this world we know as Cyberspace, the 'Net, or the Web is that some of this information,
including pornographical material and hate literature, is being accessible to minors.
Did you know that 83.5% of the images available on the Internet are pornographical? Did
you know that the Internet's pornography and hate literature are available to curious
children that happen to bump into them?
One of the drawing features of the young Internet was its freedom. It's ...a rare example
of a true, modern, functional anarchy...there are no official censors, no bosses, no
board of directors, no stockholders (Sterling). It's an open forum where anyone can say
anything, and the only thing holding them back is their own conscience.
This lawless atmosphere bothered many people, including Nebraska Senator James Exon. Exon
proposed in July, 1994 that an amendment be added to the Telecommunications Reform Bill
to regulate content on the Internet. His proposal was rejected at the time, but after
persistence and increased support, his proposal evolved into the Communications Decency
Act (CDA), part of the 1996 Telecommunications Reform Act The Internet has changed the
world by creating advertising, information, and businesses. However, there are the few
bad apples in the Internet that have information, literature, graphics and images that
have been deemed inappropriate for minors. Therefore, many people feel the Internet
should be censored by the Government. The Government owns and operates the Internet and
its agencies are responsible for what is on the Internet. However, for the parents with
minors that are concerned about what their kids see- they should go out and get software
to censor the Internet. Don't ruin everyone else's fun. Why should I have to be a peasant
of the Government tyranny over the Internet? The people that worry about their kids and
make the Government worry about it and pass legislation on censorship are the people that
are too damn lazy to buy Internet Censorship software programs for their PERSONAL
computers, NOT the entire United States'. The Government wants censorship, but a segment
of the Internet's population does not. 
The Communications Decency Act is an amendment which prevents the information
superhighway from becoming a computer red light district.
Thursday, February 1, 1996, was known as Black Thursday on the Internet when Congress
passed (House 414-9, Senate 91-5) into legislation the Telecommunication Reform Bill, and
attached to it the Communications Decency Act. It was then signed into law by President
Clinton one week later on Thursday, February 8, 1996 known as the Day of Protest when the
Internet simultaneously went black from hundreds of thousands of Internet citizens
turning their web pages black in protest of the Communications Decency Act.
The Communications Decency Act which is supposed to protect minors from accessing
controversial or sexually explicit material, outlaws obscene..., which already is a
crime, and therefore the CDA is not needed, but also ...lewd, lascivious, filthy, or
indecent, and even annoying ... comment[s], request[s], suggestion[s], proposal[s],
image[s], or other communication using a ...telecommunications device all of which are
protected by the First Amendment and therefore cannot be banned. 
The Act is also unconstitutional because it does not follow the Supreme Court's decision
in Sable Communications Vs. FCC. requiring that restrictions on speech use the least
restrictive means possible. The Court also stated that restrictions on indecency cannot
have the effect of reduc[ing] the adult population to only what is fit for children. 
We start with the federal Communications Decency Act of 1996, apiece of legislation
signed into law by President Clinton on February 8, 1996, and now under legal challenge
by the American Civil Liberties Union and others. The Communications Decency Act bans the
communication of obscene or indecent material via the Internet to anyone under 18 years
of age. (Telecommunications Act of 1996, Section 502, 47 U.S.C. Section 223[a].)
We all know that this new law resulted from a complex meshing of political forces in an
election year during which family values will continue widely to be extolled. But, is
this part of the new federal law legal? All of us have heard of the First Amendment to
the United States Constitution. It states in pertinent part that Congress shall make no
law. . . abridging the freedom of speech . . . . If those words are to be read literally,
then the knee-jerk answer would be that this new law is illegal. But, the First
Amendment, while historically read fairly broadly, has never been interpreted literally.
Even Thomas Jefferson, when he served as President, tried to prosecute conduct that he
viewed as seditious speech. The U.S. Supreme Court also consistently has ruled that
pornography and obscenity fall outside the First Amendment, along with a variety of other
seeming speech.
At the same time, adult conduct which includes sexually oriented conduct that some
(perhaps even arguably a majority) might consider immoral has been considered protected
by the First Amendment when it takes place in a private setting. Perhaps the outmost
reach of that theory of constitutional privacy manifested itself in Roe v. Wade and the
right to an abortion (itself now a controversial proposition). Surely, though, it can be
said, Internet surfers who find indecent material (whatever that is) as a result of their
inquiries from home (or the office) fall well within the outer reach that Roe demarcated?
Or is that true?
Then, we come to the question of children, the stated objective of the new Congressional
ban. Anyone who watches the news or reads newspapers knows that the courts frequently
hold that government can legitimately try to protect the well-being of children. At the
same time, how parents rear their children has generally been left to the parents,
although perhaps because of publicized parental lapses more governmental activism seems
to exist in that arena too. But it seems fair to say that few parents, irrespective of
their political or religious views, would agree that the federal government should
intercede in how they raise their own children. In general, parents have access to a
wider variety of Internet access controls than controls over cable television or the
movies. Additionally, most children who live in environments in which their parent slack
access to Internet protection likely also lack the resources to acquire computer
technology and Internet access. Is Congress intruding into the parental sphere in banning
indecent Internet communications?
Proceeding further, the courts have generally given the federal government wide latitude
to control what can be said or shown over the commercial television airways. We have all
probably heard of the FCC's ban of indecent speech and the seven dirty words of George
Carlin or the antics of Howard Stern. But, the commercial television airwaves flow almost
inexorably into everyone's home, with little more effort than the flick of a dial. The
Internet is something that most of us must buy access to and which we then choose to surf
on our own. And does the government really have the right to tell parents what books and
magazines they can let their children read at home or what television programs or motion
pictures they should let their children watch? 
If the answer is, yes, then how much stretching does it take to extend government control
so as to encompass notions of social or philosophical or religious tutelage?
A complex legal and societal problem indeed! To recap, if the Internet is akin to
commercial network television and if the government can constitutionally restrict the
menu of offerings there, then why not the Internet? But, the Internet is different, in
lots of ways. And, what does indecent mean anyway? Pornography and obscenity are
difficult enough concepts in their own right. Justice Potter Stewart of the United States
Supreme Court wrote in 1964: perhaps I could never succeed in intelligibly explaining
what it is. But I know it when I see it.
Indecent, whatever that means (Congress itself did not define the term) must surely be
something less offensive than obscenity. Is it just, fair or even wise to penalize
someone from making available information which some would label indecent but which few
of us can even define?
These are among the issues that the courts must decide in ruling on the legality of the
Communications Decency Act of 1996. Only time will tell the outcome. At least, though,
the courts are not quite as immediately influenced by current political trends as
legislators and their final decisions may be less emotionally passionate and more
deliberative.
We have the technology today to filter access to users on interactive media. One simple
way to is to put information in the header describing the information that is contained
in the transmission. There would be standards for how the information would be described.
The application used to receive the transmission can be set to screen the unwanted
transmission based on the information in the header. The settings can be protected by
passwords. Using this technology the user would exercise control of the information
available on interactive media instead of the government or network operators.
The CDA criminalizes knowingly transmit[ing] or mak[ing] available information on
interactive media that can be accessed just as easily by wondering the isles of a book
store. It also criminalizes indecent speech that is transmitted electronically between
two consenting adults. i.e. Email. The punishment for such a crime can be up to 2 years
in prison and/or a $250,000 fine.
The Communications Decency Act is unconstitutional by banning speech that is protected by
the First Amendment in a medium in which the user is giving the ability to select what he
or she does or does not want to receive. 
The government gives citizens the privilege of using the internet, but it has never given
them the right to use it.
If we have a Constitution and, supposedly, a First Amendment- why is the Government using
legislation to stop us from expressing ourselves? We seem to be a ironic and paradox
country. We didn't want to be the first to use nuclear weapons and the atomic bomb, but
were the first and, so far to present day, the last to use them.