By Martha C. Nussbaum, Saul Levmore
Saul Levmore, Martha C. Nussbaum (eds.)
The web has been romanticized as a region of freedom. The desirable blend of subtle know-how with low boundaries to access and prompt outreach to hundreds of thousands of clients has mesmerized libertarians and communitarians alike. Lawmakers have joined the party, passing the Communications Decency Act, which permits web provider services to permit unregulated discourse with no chance of legal responsibility, all within the identify of bettering freedom of speech. yet an unregulated web is a breeding flooring for offensive conduct.
At final we have now a publication that starts off to target abuses made attainable via anonymity, freedom from legal responsibility, and shortage of oversight. the celebrated students assembled during this quantity, drawn from legislations and philosophy, attach the absence of criminal oversight with harassment and discrimination. wondering the simplistic suggestion that abusive speech and mobocracy are the inevitable results of latest expertise, they argue that present misuse is the outgrowth of social, technological, and felony offerings. Seeing this in actual fact may help us to be larger educated approximately our options.
In a box nonetheless ruled by way of a frontier point of view, this publication has the capability to be a true video game changer. Armed with instance after instance of harassment in web chat rooms and boards, the authors element a few of the vile and hateful speech that the present mixture of legislations and expertise has bred. The evidence are then taken care of to research and coverage prescriptions. learn this ebook and you'll by no means back see the net via rose-colored glasses.
In this extraordinary quantity, an all-star solid of students explores the Internet's darkish side-- how the net can damage recognition and privateness at warp velocity. (Paul M. Schwartz, Director, The collage of California at Berkeley heart for legislations and Technology)
A number of clever, provocative, and infrequently bracing essays approximately conserving privateness, dignity and acceptance within the electronic public sphere. (Jack M. Balkin, Knight Professor of Constitutional legislation and the 1st modification, Yale legislation School)
More and extra, the web is not just a technological frontier, yet a spot the place everyone is settling in to reside their lives – as shoppers, employees, buddies, and each different permutation of social being. And the place society is, we will count on difficulties of speech, privateness, and attractiveness. The Offensive net offers to be a "go-to" quantity for these considering and trying to input the talk approximately those tremendous urgent issues. (Katherine J. Strandburg, Professor of legislation, long island University)
Anyone attracted to privateness, popularity, speech and the way the net has complex all 3 should still learn those thought-provoking essays from many of the brightest minds within the felony academy. This assortment merits a spot within the net legislations canon. (Paul Ohm, collage of Colorado legislation School)
[This booklet] is in case you care how the web has advanced privateness, speech and popularity, and in the event you can have to rescue it from itself. (Liz Else New Scientist 2011-01-15)
Much writing concerning the web specializes in its extraordinary means to democratize entry to info, to supply a platform for formerly marginalized voices, and to differently reduce obstacles and advertise freedom. Levmore and Nussbaum discover the darkish facet of all this unregulated freedom and divulge the really vile and destructive speech that may flourish on-line. The roster of individuals, together with many significant thinkers on net coverage and tradition, is remarkable. The publication takes up the intense questions we needs to face because the web turns into no longer a few really good device for expertise fans yet ubiquitous. What regulations will we installed position to cut down bullying and harassment whereas holding loose speech? What provisions will be made to guard individuals' privateness or to avoid fake and malicious rumors from without end tarnishing reputations? This publication is a necessary learn for an individual attracted to exploring those questions. it's really robust in its therapy of privateness, popularity, and speech (both the security of speech and the rules of it) as inextricably associated concepts...Indispensable! students of net legislations and basic readers alike will locate this booklet informative, illuminating, and demanding. (Rachel Bridgewater Library magazine (starred evaluate) 2011-01-01)
If the evils of the web are to be addressed with out jeopardizing its advantages, an technique of simply this type is what's wanted. (Michael Kerrigan The Scotsman 2011-01-29)
[The Offensive net] poses a provocative thesis: even though the freedoms bestowed via the web are universally well-known and customarily lauded, an absence of law has allowed for radicalism, and not anything wanting a Kafkaesque answer will be in a position to identify regulate now... This assortment exposes the "double-edged sword" of the area vast net, poses pertinent questions about the criminal quandaries overshadowing unfastened speech, or even bargains a few pragmatic strategies. (Publishers Weekly 2011-02-14)
The web can be "offensive," and in a few cases so repellent that foreign pressures can function. yet privateness, with its attendant injunctions, lacks any universal definition that works in a world electronic context, as this remarkably worthwhile book--detailed, considerate debate at a degree we haven't all started to method but during this country--irresistibly indicates. (Peter Preston The Observer 2011-05-29)
Levmore and Nussbaum gathered thirteen stimulating and hugely readable essays by way of best criminal students and social observers that describe the cultural roots of our on-line world misconduct and recommend attainable suggestions. The members current assorted views concerning the right stability among unfastened speech and security of the weak. those authors as a rule worth lively social and political discussions in our on-line world. even if, they fear that releasing on-line posters from criminal consequences for deleterious statements and from the social norms that restrain contributors from injurious speech within the bricks and mortar international leads to over the top quantities of destructive, low-value verbal exchange. They suggest a variety of inventive techniques to motivate civility, starting from new torts to compensate sufferers to structural alterations, equivalent to revised seek algorithms to steer clients clear of cyber-cesspools. (T. H. Koenig selection 2011-10-01)
Introduction [Saul Levmore and Martha C. Nussbaum]
I. the net and Its Problems
1. Speech, privateness, and acceptance on the web [Daniel J. Solove]
2. Civil Rights in Our details Age [Danielle Keats Citron]
3. The Internet’s Anonymity challenge [Saul Levmore]
4. Objectification and net Misogyny [Martha C. Nussbaum]
5. Believing fake Rumors [Cass R. Sunstein]
6. attractiveness rules: Disclosure and the problem of Clandestinely Commensurating Computing [Frank Pasquale]
7. younger Indiscretion in a web Age [Anupam Chander]
8. educational directors and the problem of Social-Networking web content [Karen M. Bradshaw and Souvik Saha]
9. cleansing Cyber-Cesspools: Google and loose Speech [Brian Leiter]
10. privateness, the 1st modification, and the net [Geoffrey R. Stone]
11. Foul Language: a few Ruminations on Cohen v. California [John Deigh]
12. Collective privateness [Lior Jacob Strahilevitz]
13. privateness on Social Networks: Norms, Markets, and average Monopoly [Ruben Rodrigues]
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Additional resources for The Offensive Internet: Speech, Privacy, and Reputation
Civil rights laws prevent, punish, and redress this psychic damage. Civil rights laws respond to the harm experienced by a targeted individual’s group. Nontargeted group members often experience cyber attacks as if they happened to them personally. When anonymous posters threatened to rape Ms. Sierra, other female bloggers felt targeted and at risk. When a cyber mob threatened to kill the author of the “Ask This Black Woman” blog and told her to “[g]et back into the cotton ﬁelds, you ﬁlthy [n***r],” the website operator wasn’t the only one who felt threatened.
29 Today’s anonymous cyber mobs go on the information superhighway to deprive individuals of their essential rights to engage in discourse and participate in society as equals just as masked Klan members went on public highways to interfere with victims’ basic rights. Nonetheless, efforts to apply these statutes to online mobs face formidable obstacles. ’ ”32 For the Court, freedom of speech is not such a right. The Court noted that Congress “no doubt” can proscribe private efforts to deny rights secured only against ofﬁcial interference, such as free speech, under its power to regulate interstate commerce, but held that Section 1985(3) was not such a provision.
12 According to one school of thought, this occurs because people in groups fail to see themselves as distinct individuals. Another school of thought explains that people behave aggressively because they believe that when immersed in a group they cannot be observed and caught. 13 When group members view victims as devoid of humanity and personal identity, they feel free to attack without regret. 14 Social scientists emphasize a perceived leader’s role in accelerating dangerous group behavior. Southern newspapers in the early 1900s explicitly legitimated violence by reporting that lynch mobs included prominent members of the white community.
The Offensive Internet: Speech, Privacy, and Reputation by Martha C. Nussbaum, Saul Levmore