A furious battle is taking place in Congress about the future of the Internet. Lawmakers are trying to figure out what rules should govern the Wild West of the Web—with issues ranging from cyberbullying to police access to private social network pages. Like many aspects of our lives, though, the battle has now gone viral, with Wikipedia shutting down most of its English site for 24 hours in protest against the proposed Stop Online Piracy Act (SOPA).
The reach of SOPA is broad and the penalties drastic. Let’s say I post a home video of my family on YouTube and there is a Velvet Elvis on the living room wall behind me. Under SOPA, since the Elvis image is copyrighted, the U.S. Attorney General could step in and shut down all of YouTube because of my transgression. The AG could force all search engines to pretend YouTube never existed and not link to it. And I might even go to prison for five years, if I’ve shot ten home videos in the room in front of the Velvet Elvis or if, in my videos, my CD player was playing my favorite songs.
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Should cyberharassment be protected by the First Amendment? Read my blog about this topic at Techdirt.com.
Image Credit: MARGARET SCOTT / newsart.com
This op-ed appeared in the Philadelphia Inquirer on January 8, 2012. In Philadelphia 225 years ago, the U.S. Constitution was drafted. Now Pennsylvania is essentially drafting a second Constitution as courts across the state determine what rules should govern social networks. Pennsylvania leads the nation in legal disputes involving social networks and the Web. These cases include a teacher who was suspended because of a Facebook post about her frustrations with her students, a law student who was criticized for running a website where men fantasized about raping particular female students, and a Pittsburgh Pirates mascot who was fired for a Facebook post disagreeing with his employers' decision to extend certain managers' contracts. The U.S. Constitution protects the rights of free speech and privacy. But social networks pose challenges to those rights. Straight-A students have been expelled from school for criticizing their teachers on Myspace. Thirty-five percent of companies turn down job seekers based on posts from social networks, especially photos that show the person holding a glass of wine or beer. |
Lori AndrewsLori is a law professor and the author of I KNOW WHO YOU ARE AND I SAW WHAT YOU DID: SOCIAL NETWORKS AND THE DEATH OF PRIVACY. Sign up for Lori's newsletter.
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