In February 1996, President Bill Clinton signed into law the Telecommunications Act of
1996, the first revision of our country's communications laws in 62 years. This historic
event has been greeted with primarily positive responses by most people and companies.
Most of the Telecommunications act sets out to transform the television, telephone, and
related industries by lowering regulatory barriers, and creating law that corresponds
with the current technology of today and tomorrow. One part of the Telecommunications
act, however, is designed to create regulatory barriers within computer networks, and
this has not been greeted with admirable commentary. This one part is called the
Communications Decency Act (CDA), and it has been challenged in court from the moment it
was passed into law. Many of the opponents of the CDA have taken their messages to the
Internet in order to gain support for their cause, and a small number of these
organizations claim this fight as their only cause. Some of these organizations are
broad based civil liberties groups, some fight for freedom of speech based on the first
amendment, and other groups favor the lowering of laws involving the use of encrypted
data on computers. All of these groups, however, speak out for free speech on the
Internet, and all of these groups have utilized the Internet to spread propaganda to
further this common cause of online free speech and opposition to the CDA.
Context in which the propaganda occurs
Five years ago, most people had never heard of the Internet, but today the Internet is a
term familiar to most people even if they are not exactly sure about what the Internet
is. Along with the concept of the Internet, it is widely known that pornography and
other adult related materials seem to be readily available on the Internet, and this
seems to be a problem with most people. Indeed, it does not take long for even a novice
Internet user to search out adult materials such as photographs, short movies, text based
stories and live discussions, chat rooms, sexual aide advertisements, sound files, and
even live nude video. The completely novel and sudden appearance of the widely
accessible Internet combined with the previously existing issues associated with adult
materials has caused a great debate around the world about what should be done. The
major concern is that children will gain access to materials that should be reserved only
for adults. Additionally, there is concern that the Internet is being used for illegal
activities such as child pornography. In response to the concerns of many people, the
government enacted the Communications Decency Act which attempts to curtail these
problems by defining what speech is unacceptable online and setting guidelines for fines
and prosecution of people or businesses found guilty of breaking this law. While the
goal of keeping children from gaining access to pornography is a noble one that few would
challenge, the problem is that the CDA has opened a can of worms for the computer world.
Proponents of the CDA claim that the CDA is necessary because the Internet is so huge
that the government is needed to help curb the interaction of adult materials and
children. Opponents of the CDA claim that the wording of the CDA is so vague that, for
example, an online discussion of abortion would be illegal under the new law, and our
first amendment rights would therefore be pulled out from under us. Opponents also argue
that Internet censorship should be done at home by parents, not by the government, and
that things such as child pornography are illegal anyway, so there is no need to re-state
this in a new law. At this point, the battle lines have been drawn and like everything
else in society, everyone is headed into the courtroom to debate it out. While this
happens, the propagandists have set up shop on the Internet.
In terms of a debate about the first amendment and the restriction of free speech, this
current battle is nothing new. The debate over free speech has been going on for as long
as people have been around, and in America many great court cases have been fought over
free speech. The Internet's new and adolescent status does not exclude it from problems.
Just as all other forms of mass communication have been tested in the realms of free
speech and propaganda, so will the Internet.
Identity of the propagandists
There are scores of online groups that work to promote free speech on the Internet, but
there are a few who stand out because of the scope of their activities, their large
presence on the Internet, and their apparently large numbers of supporters. The
Electronic Frontier Foundation (EFF) is today one of the most visual online players in
the fight against the CDA, but was established only in 1990 as a non-profit organization
before the Internet started to gain its status as a daily part of our lives. Mitchell D.
Kapor, founder of Lotus Development Corporation, along with his colleague John Perry
Barlow, established the EFF to "address social and legal issues arising from the impact
on society of the increasingly pervasive use of computers as a means of communication and
information distribution." In addition, the EFF also notes that it "will support
litigation in the public interest to preserve, protect and extend First Amendment rights
within the realm of computing and telecommunications technology." Also in the press
release that announced the formation of the EFF, Kapor said, "It is becoming increasingly
obvious that the rate of technology advancement in communications is far outpacing the
establishment of appropriate cultural, legal and political frameworks to handle the
issues that are arising." Clearly, the EFF is very up-front and open about its belief
that the American legal system is currently not equipped to handle the daily reliance and
use of computers in society, and that the EFF will facilitate in handling problems in the
area of litigation and computers.
Initial funding of the EFF was provided in part by a private contribution from Steve
Wozniak, the co-founder of Apple Computer, and since then contributions have come from
industry giants such as AT&T, Microsoft, Netscape Communications, Apple Computer, IBM,
Ziff-Davis Publishing, Sun Microsystems, and the Newspaper Association of America. It is
likely that these companies see the need for assistance when the computer world collides
with the world of law, and also see the EFF as one way for the rights of the computer
industry and its customers to be upheld.
A second player in the area of online free speech protection is the Center for Democracy
and Technology (CDT). The CDT, founded in 1994, is less up-front about their history and
funding, but states that its mission is to, "develop public policies that preserve and
advance democratic values and constitutional civil liberties on the Internet and other
interactive communications media." Like the EFF, the CDT is located in Washington, DC,
and is a non-profit group funded by, according to the 1996 annual report, "individuals,
foundations, and a broad cross section of the computer and communications industry."
A third major player in the online free speech movement is The Citizens Internet
Empowerment Coalition (CIEC, pronounced "seek"). This is the group who filed the
original lawsuit against the US Department of Justice and Attorney General Janet Reno to
overturn the CDA based on, in part, the use of the word "indecent". The plaintiffs in
this lawsuit are a very diverse group, and include many who are also cited as
contributors to the EFF. Some of these plaintiffs include the American Booksellers
Association, the Freedom to Read Foundation, Apple Computer, Microsoft, America Online,
the Society of Professional Journalists, and Wired magazine. In their appeal to gain new
members, CIEC states that they are, "a coalition of Internet users, businesses,
non-profit organizations and civil liberties advocates formed to challenge the
constitutionality of the Communications Decency Act because they believe it violates
their free speech rights and condemns the Internet to a future of burdensome censorship
and government intrusion." Like the CDT, CIEC does not directly state what organizations
support their cause or how much money is changing hands, but based on the companies
supporting the lawsuit filed by the CIEC, it is almost certain that the same computer and
publishing related companies are paying for CIEC's existence. Finally, unlike other
groups which are activists for several causes, CIEC has the one and only mission of
challenging the CDA and does not claim to have any other purpose.
Ideology and purpose behind the campaign
There are several interrelated reasons motivating the online free speech movement. The
most visual, and therefore one of the most obvious, reasons for the online presence of
the free speech movement is to sign up new supporters. Current technology of the
Internet is ideal for gathering information from people without inconveniencing them.
While exploring the Internet in the privacy of one's own home, it takes only seconds to
type in your name, address, and other information so that it can be sent to the
headquarters of an organization. When compared to the traditional process of walking
into a traditional storefront, talking with a human, and then writing out your membership
information on paper, this new electronic method is superior. A person can become an
online free speech supporter at 2am while sitting in his or her underwear and eating
leftovers while sitting at home without having to worry about talking to a pushy
recruiter. Because of this ease of gathering information, it is possible for an
organization to quickly recruit large numbers of members. Also, in terms of the
demographics of the members, the mere fact that they are signing up online generates a
certain, desirable demographic group of people. Even though computers are becoming
easier to use every day, the majority of Internet users are educated and tend to have
higher incomes than the average. At the head of CIEC's page where new members are
encouraged to sign up, there is a large banner proclaiming, "Over 47,000 Individual
Internet Users Have Joined as of June 17, 1996!". This particular technique of
announcing the number of new recruits is popular among various online organizations who
recruit new members because it lets the user know that he is not alone. The user will
see the large number and know that he or she will be part of a large group of supporters
and therefore feel safe about signing up with the cause.
Once an individual gets "in the door" of an online free speech website, he or she is
encouraged to become a member or supporter, but why are the supporters needed? I believe
that when presented in a legal setting, these large membership lists can be used to
demonstrate that numerous people do exist who are in favor of the online free speech
campaign. Just as people vote for laws or politicians, membership lists demonstrate that
people have "voted" for this cause. While a membership list is not quite as powerful as
an election, it does show that real "everyday" people support this cause. When the
online free speech campaign takes the CDA case to the Supreme Court, it will be armed
with long lists of people who support what these organizations are trying to do, and the
knowledge of all of the supporters could be just enough to tilt the judges' decision in
the right direction.
Another purpose behind the online free speech campaigns is to attract more businesses to
the effort. When, for example, a software company who advertises on the Net proclaims to
be a supporter of the movement, then the movement gets free advertising. When the names
of computer companies such as Microsoft and Apple are mentioned in the introductory and
sign up information, other companies might feel the urge to join because of the "me too"
effect in which the smaller companies look up to the bigger companies and might tend to
adopt the policies of the giants. For example, if YYZ Software knows that Microsoft is
supporting the free speech online movement, YYZ might feel important if it supports the
cause too. While the number company owners or managers browsing a site will be much
smaller than the number of individual people looking at the same site, this idea of
throwing around the name of famous companies is an attempt to attract at least some
supporters. Even though only a small number of supporters could be gained through this
channel, it is still a channel, and therefore important no matter how small. Also, if
this method happens to bring a large company into the group, then the organization could
gain great financial support. While it is likely that all the Netscapes and IBMs of the
world are already aware of the online free speech movement, new companies and new
fortunes are made frequently in the fast moving world of the computer industry, so an
unknown company today could be a key player tomorrow. It is, therefore, important for
the online free speech movement to be constantly recruiting new companies, because the
need for large financial backers never ends, and you never know when a mom and pop
operation today will be the next Microsoft tomorrow.
Another motivation behind the campaign is the protection of businesses and their
interests. For example, a new online magazine for scientists in the biomedical field is
being formed, and the company behind the venture, Current Science, is investing between
$7.5 and $9 million in the project (Rothstein). With money like this at risk, it is
obvious that freedom of speech must be secured in order for ventures like this to work.
Finally, the ultimate goal for all groups is the repeal of the CDA, but the deletion of
the CDA does not mean the end of free speech problems on the Internet, so these groups
will always exist in some form or another. Just as there is an ongoing debate about what
books are appropriate for who, there will always be a debate about what Internet content
is appropriate for who. Add to this the global aspect of the Internet, and the scope and
complexity of the issue can be envisioned.
Target audience
The clever, or perhaps just convenient aspect about online free speech propaganda is
that the propaganda is located at the very same spot that the debate is about. In other
words, if you want to promote free speech, go to where the speech is taking place- the
Internet. By promoting propaganda online about online free speech, you are directly
targeting the audience you want to target. People who do not utilize the Internet will
be less interested than those who do, so it makes sense to locate your campaign on the
Internet, where the people there will naturally be more concerned about computer
censorship issues. An added bonus of the Internet is its relatively low cost compared to
traditional media outlets such as print or radio, so not only are these groups promoting
their causes almost directly to the people they want to reach, they are doing it at a
very low cost compared with more traditional methods.
On the other hand, these online free speech organizations have little, if any propaganda
outside of the Internet, so they are therefore not reaching the maximum number of
possible people. While they all maintain traditional offices, phone numbers, postal
mailing addresses, and fax numbers, they are virtually unknown by the populace outside of
the Internet. While purchasing print or television advertisements might not be as direct
and monetarily efficient as utilizing the Internet to promote propaganda, those
traditional methods would help get the word out to the largest number of people.. Just
as all other forms of mass media have been utilized for the spread of propaganda, so will
the Internet.
Media utilization techniques
This section is by far the most interesting because it deals primarily with the actual
examples and techniques of propaganda used by the online free speech movement. While the
propaganda of these groups is primarily limited to the electronic realm of the Internet,
it is important to remember that the Internet is itself a multimedia tool. Unlike
newspaper, for example, the Internet can convey words, pictures, sound, and moving video.
As an added dimension, these forms can vary in unlimited colors, intensities, qualities
and quantities so that the viewer does not always know what to expect. The important
propagandistic idea of utilizing all available channels to maximize the effect of
propaganda is certainly at use here.
My first involvement with the online free speech movement, and the reason why I decided
to investigate this topic, was the Blue Ribbon Campaign. Almost a year ago, I began to
notice the occurrence of the same blue ribbon icon on many different Internet web
locations and homepages. These icons are similar to the red AIDS awareness ribbon in
terms of their appearance and function, and the actual size of the icon in most locations
is typically only about 8 mm high by 25 wide. Of course this size depends on several
computer specific variables, but the point is that the Blue Ribbon Campaign icon is small
so that it appears quickly without taking much transfer time. The people behind the Blue
Ribbon icon knew that if they created a large space and time hogging image, that people
would become frustrated with the lethargic image and fail to gain respect for it.
However, in reality, this small icon is tiny and unobtrusive so that its appearance on a
web page is not bothersome.
The idea of using a blue ribbon is smart because of the association with the AIDS red
ribbon campaign. While people have different opinions about homosexuality, most people,
if not all, agree that aids must be stopped. Using this logic, it makes sense to utilize
this almost universal appeal of the red ribbon by the creation of a blue ribbon.
Additionally, the red ribbon icon is very well established and is widely recognized, so
once again, the adoption of a similar blue ribbon icon is smart.
The genius of the Internet's world wide web is the use of hyperlinks or hypertext.
Hypertext is the system of allowing the reader to click on something and be instantly
transported to another location that relates to what he or she clicked on. Every time a
Blue Ribbon Campaign icon exists on the world wide web, it contains the Internet homepage
address of the Electronic Frontier Foundation, one of the key players in the online free
speech movement. Therefore, by clicking on the Blue Ribbon icon, the reader is instantly
transferred to EFF's homepage. When compared again to the AIDS red ribbon movement, the
advantage of the Internet system are obvious. When one sees a person wearing an AIDS red
ribbon, he or she can not automatically and instantaneously receive information about
AIDS. The person would have to ask the red ribbon wearer for a phone number or address
where AIDS information could be found. With the Blue Ribbon Campaign, however, the
information is instant, and it fits right in with today's fast moving society. A person
can see the Blue Ribbon icon, and can immediately see what it means. There is no time
for the person to lose interest due to making a phone call or waiting for a postal letter
to be delivered.
Therefore on a daily basis I was seeing the Blue Ribbon Campaign icons, and several
times I clicked on those icons in order to gain more information about this symbol that
kept popping up all over the place. If, on a particular day, I was not in the mood to
learn about the EFF, I could easily go back to what I was doing before I clicked on the
blue ribbon icon. However, since the icon kept appearing at various web sites, there
were times when I did feel like exploring this interesting phenomenon further, and
because the blue ribbon icon was easy to run across, it was easy for me to enter the EFF
and see what they had to offer.
The EFF's homepages do contain a brief history of the organization, but there is no
information about the actual origin of the Blue Ribbon Campaign. According to electronic
mail I received from Dennis Derryberry at the EFF after querying about the origin of the
Blue Ribbon Campaign:
The Blue Ribbon Campaign does not belong to any specific group; it is shared by all
groups and individuals who value and support free speech online. I believe the idea
originally was sparked by a woman who has been helping us with membership functions, but
amid all the expansion of the campaign, we kind of forgot where it really came from. I
guess that's just the spirit of a campaign for the benefit of the many. (Derryberry)
Even if the Blue Ribbon Campaign does not belong to any one group, it was originated by
the EFF and all of the blue ribbon icons point back to the EFF.
One of the first options of things to do when one first sees the EFF's opening page is
to join the EFF, the Blue Ribbon Campaign, or both.. Joining the Blue Ribbon Campaign is
simple, and basically involves just giving them a small amount of personal information
and then copying one of several blue ribbon icons to be used on your web site. There are
many, many different blue ribbons available of all different sizes and compositions, but
they all revolve around the basic blue ribbon idea. If a user is not fully pleased with
the online selection if available icons, there is an option to receive information about
many others that are available. Finally, it is also possible to create your own blue
ribbon icon and allow the EFF to give it away to be used for the same cause. This entire
emphasis on the graphic image of the campaign is a smart move because people's interest
is aroused by images more than words. If the words "Blue Ribbon Campaign" were seen
everywhere, the impact would be less dramatic than the colored image of the blue ribbon
that accompanies these words.
Even though the doorway to the EFF is graphic based, the bulk of the EFF's web site
contains document after document of textual information that all relates to the CDA and
freedom of speech. Also located here is the entire text of the Telecommunications Act of
1996, including all text of the CDA. Internet users who click on the blue ribbon icon
will be taken directly to the part of the EFF's website that deals with the Blue Ribbon
Campaign. Because the Blue Ribbon Campaign is not the only cause the EFF supports, there
is of course much more to the EFF's website than just this. Some of the sections of the
EFF's homepage are:
The Blue Ribbon Campaign section on the EFF's homepage is set apart from the other areas
by use of the traditional blue ribbon icon. This section begins with a link to the
newest information about the CDA, and then goes on to list links to several things
including introductory information about the campaign, federal, state, and local
information, an archive of past information, examples of Internet sites that could be
banned under the CDA, activism information, and finally a "Skeptical?" link to a page
that tries to convince skeptics about believing the EFF's cause.
About EFF is the first thing that new visitors to the site will want to read. This
contains a brief history of the organization and answers most of the questions people
might have. This area also goes into the beliefs and motivations behind the EFF.
Action Alerts is a list of current events that the EFF is currently monitoring. For
example, one of the most recent action alerts deals with the latest decision on the CDA.
This section also encourages people to take action in the Blue Ribbon Campaign and
provides a list of various ways to help. At the top of the list there is a disclaimer
about civil disobedience being "at least nominally illegal". Some of the suggested
activities include: supporting a 28th amendment to the U.S. Constitution to extend First
Amendment rights to the Internet, attend rallies, wear T-shirts that promote free speech
online, put a real blue ribbon pin on your backpack if you are a student, etc.. This
section also contains a list of previous example of protest and demonstration of CDA
opposition, so show that people have actually gone out to stand up for the things that
are promoted on this site.
Guide to the Internet is a document that helps acquaint novices with the Internet in
general, and does not contain any EFF or free speech related specific material. While
this seems pretty innocent, its purpose here is a bit deeper. If more people can become
more familiar with the Internet, then more people will use the Internet and therefore
hopefully become interested in online free speech.
Archive index is an essential tool on the EFF website because of the large number of
different documents available here. This is a searchable index that aides users in
finding specific information contained in the EFF pages. For example, if you wanted to
see if the word "pornography" occurred in the CDA, you could search for it.
Newsletter is a section that contains the current and past newsletters of the EFF.
These newsletters are updates about things the EFF is currently involved with. I think
that although much of the information contained in these newsletters is redundant in that
it can be found elsewhere on the site, there are two reasons for this. First, the
newsletter format is one that everyone is familiar with. If a person is new to the EFF
site and sees the "newsletter" section, he or she will automatically have a general idea
how information will be presented in this format, and it will therefore be easier and
more welcoming to read than other types of information. Secondly, the newsletter is
important because it is repeated information. One key aspect of propaganda is
repetition, so the duplication of certain information in the newsletter accomplishes
that.
Calendar is a listing of future events and dates that are important to EFF. Many of the
listings here are protest rallies and schedule speeches that look good when many people
attend. This provides a consolidated listing of dates that is easy to access, without
having to search all over the site for things. Also, the information here is available
for download so that it can be put into a person's personal time management software on
his or her own computer. This gives the EFF an indirect link to remind you where to go
and when.
Job openings provides information about applying to the EFF for a job with the EFF.
Merchandise lets members and nonmembers purchase T-shirts and metal Blue Ribbon Campaign
pins to help spread the word.
Awards gives a list of the 19 awards won by the EFF for various things such as "Best of
the Web" and "Top 250 Lycos Sites". The display of these awards legitimizes the
organization and shows to others that many people are visiting this site.
Staff Homepages at first seems somewhat boring, but this section is actually a list of
the staff, in rank order, and a short description of what each person does at the EFF.
Clicking on the person's name takes you to their homepage. This display of information
once again reinforces the idea of white propaganda that the EFF uses.
Miscellaneous contains a sponsors list, other publications of interest, and EFF related
images, sounds, and animations.
A second example of online free speech propaganda on the Internet is a homepage
promoting the lawsuit filed by The Citizens Internet Empowerment Coalition (CIEC, "seek")
against the U.S. Department of Justice and Attorney General Janet Reno. This page is
designed to look like a 1700's handbill or poster and to arouse emotions of patriotism
and fighting for one's country. It would be difficult for an American to view this
document and not be reminded of how we fought for our freedom from the English. Icons of
patriots shouting out loud, canons and American flags, and pictorial representations of
the Constitution all arouse emotions of fighting for what is right. This page also
contains an 4 minute audio clip that is available for download. This audio is Judith
Krug of the American Libraries Association speaking about the censorship of libraries.
The reader has to only click on the icon and the audio will be transferred to his or her
computer and the user listens to the audio as it is transmitted. Aside from these audio
and visual messages, this site is similar to the EFF's in that it contains lots of
information and links to related anti-CDA sites.
Another website that utilizes propaganda is operated by the Center for Democracy and
Technology (CDT). This site is one of many that utilizes an animated "Free Speech" icon
that displays fireworks exploding in the air. Like other examples, this too is very
patriotic. Also like other sites, the CDT displays various Internet awards they have
won, as well as the number of people they have signed up who support the lawsuit against
the CDA.
Counter propaganda
While there are groups and people who favor the CDA, there is very little propaganda
promoting these beliefs. Part of the reason for this is that the whole debate over the
CDA seems to be a very nonpartisan issue in terms of Republicans and Democrats. If this
had been a partisan issue, there would certainly be propaganda on both sides. The main
reason that little counter propaganda exists is that the CDA is the law, so people who
are for it have already been appeased to a certain extent. The anti-CDA groups are
protesting and using propaganda because the CDA is the law, and they want it changed. As
with many things in life, it is more common to hear complaints from people who are not
satisfied than from people who are ple
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