Cyberspace: The Final Frontier, for Regulation?

The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 Cyberspace: The Final Frontier, for Regulation? Jay Krasovec Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the First Amendment Commons, and the Internet Law Commons Recommended Citation Krasovec, Jay (1998) "Cyberspace: The Final Frontier, for Regulation?," Akron Law Review: Vol. 31 : Iss. 1 , Article 3. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol31/iss1/3 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The University of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact , . Krasovec: Cyberspace: The Final Frontier, for Regulation? CYBERSPACE1: THE FINAL FRONTIER, FOR REGULATION? At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal.2 I. INTRODUCTION The rapid growth of the Internet3 has provided the opportunity for millions of people from around the world to communicate with each other almost instantaneously. While this emerging technology is making it easier for people to share ideas, it is also raising novel legal issues. This new technology will still confront and answer century old questions concerning governmental interference and regulation of speech and other communications. The First Amendment and the fundamental principles of democracy favor the free flow of ideas.4 The emerging technology of the Internet, with its ability to transmit nearly any kind of information anywhere, to anyone with a computer and modem, raises the issue that information should truly be "free flowing" and without restrictions. More specifically, policy makers continue to debate whether a person using the Internet has the same First Amendment protections while posting and receiving anonymous messages as persons who communicate through conventional media. Proponents for anonymity argue that the First Amendment commands that persons be allowed to share and receive information that otherwise may be harmful or embarrassing to the sender.5 Conversely, opponents argue that a person's ability to post anonymous messages on the Internet is harmful because it allows "cyber-criminals" to shield themselves from accountability and responsibility in posting illegal or abusive messages.6 This article will discuss the concept of anonymity on the Internet and argue for its protection. Part II provides background information on the Internet and illustrates the prominence the Internet has in today's global society.7 Part III discusses the concept of anonymity and its importance in our daily communications and how these principles necessarily extend to online communication.8 Part IV outlines the purported justifications for regulating Internet content,9 which is followed by Part V discussing current and attempted regulations of the Internet. This article then argues for the full protection of online anonymous speech as mandated by fundamental principles of "free speech," the traditions of our right to remain anonymous, and our notions of privacy. Finally, Part VII concludes by maintaining that self regulation of the Internet is preferable to intrusive governmental regulation. II. HISTORY AND ORIGINS OF THE "NET" The Internet or "Net" is "a loose collection of millions of computers at sites throughout the world sharing information and files."10 Various computers connect together to create a system and, in turn, numerous systems form a network.11 Thousands upon thousands of local networks then connect, with communication software managing the Published by IdeaExchange@UAkron, 1998 1 Akron Law Review, Vol. 31 [1998], Iss. 1, Art. 3 communications between them.12 This comes together to form what the everyday computer-user has come to know as the Internet. The Internet's humble beginnings trace back to the cold war period of the 1960s.13 Technology was thought to be the key to winning the Cold War and the fields of science and computers grew dramatically from the perception of fear existing at the time.14 By the end of the 1960s, the Department of Defense (DOD) created the Advanced Research Project Agency Network (ARPANET) to connect the DOD's computers.15 Shortly after ARPANET, the government encouraged the development of other networks mainly from academic and scientific communities.16 Thus, what started as a research and investigative tool for the government quickly transformed into a network of networks and the "Internet" was born. "To fully appreciate the legal complexities of regulating the Internet, one must first understand the magnitude of the Internet."17 The Internet is growing at an astounding rate18 with an estimated 10 percent increase in users every month.19 This translates to roughly one million new users per month.20 With such an explosive growth rate and potential,21 the Internet's unregulated and free flowing nature has been compared to the Wild West.22 The recent attempts of regulation of the Internet have come about largely because of the previously unrestricted nature of this medium and what some fear as having a high potential for abuse.23 The Internet is not owned or controlled by any one group or person.24 If the government were to attempt regulation of the Internet, the FCC would likely be the body to assert such control, but has yet to indicate any willingness to do so.25 This is probably because of the inherent difficulty in such a task.26 The reluctance in attempted regulation is due to the Internet's decentralization.27 The widespread and immediate transfer of information may make regulation simply unworkable and practically unenforceable. Despite this decentralization, there is currently some control on the Internet. The most direct control comes from the Internet Society ("Society").28 This organization is an international body of volunteers which acts as an advisor regarding emerging issues and concerns on the Internet.29 As a voluntary, advisory organization the Society cannot effectively deal with the important legal issues applicable to the Internet.30 Instead, the Society deals with technical advances and how to ensure continued growth of the Internet.31 Many members of the Internet community, who are themselves Society members, may resist any type of self-regulation, fearing that this may be perceived as a form of self-censorship which is contrary to the basic ideals upon which the Internet was founded.32 Moreover, many Internet users feel this lack of direct cont (...truncated)