REGULATING THE NET
By Carol Hodgins
April 1998
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Directory:
What is this thing we call the Internet? Who would control the regulations?
Can existing law handle the Internet's new global ability?
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Regulation of the Internet is a hot issue today, as governments around the world struggle to find an approach that will protect their citizens from the unwholesome parts of the net while also safeguarding the people's right to free speech. Any legislation that domestic governments try to implement will be difficult because of the global nature of the net. It has yet to be determined by anyone what type of medium the Internet is and therefore how the net is to be regulated.
What is this thing we call the Internet?
Before the Internet can be regulated there must be a consensus as to whether the Internet is a broadcast medium, like a radio or television and subject to control, or a telecommunications based one, such as the telephone or mail that has greater freedom over content of message. The Internet is unlike any other medium we have had before; it has the attributes of both traditional broadcast and telecommunications media. Because the computer has a monitor on which we send and view documents, many people tend to say that the Internet presents itself as a broadcast medium. One message can be shared on millions of screens; this lends to the opinion that the Internet broadcasts information in much the same way that a television does. But the difference with the Internet is that any receiver of any message has the ability to respond to that message immediately and also be heard by the millions who saw the original message. Opinions from around the globe differ at the moment as to which type of medium the Internet is. Here in Canada, the Broadcast and Telecommunications Acts have very different aims and depending on which way the pendulum ultimately swings the net could have a radically different look and feel in a few years.
Who would control the regulations?
The governing body for the Canadian Broadcast and Telecommunications Acts is the CRTC. But when it comes to the Internet does this organization have a clue as to what they are doing? FranAoise Bertrand, chairwoman of the CRTC, has made some disturbing remarks about the Internet that shows her lack of understanding of this new medium. In an interview on CBC television shortly after her appointment, Bertrand said that she believes that the CRTC should control content of the Net. When asked how the CRTC would go about doing this, she gives the examples of software used at the client's end and making the ISP community responsible for all content viewed on their server by the user that is not approved by the CRTC. From hateful material and pornography, to anything not produced by a Canadian, ISP's should be liable, because after all, "They are the ones' who are bringing it into the home," says Bertrand.
*1If the CRTC were to become the regulating body for the Internet here in Canada then another issue the Bertrand would want to deal with is Canadian content. This is an issue that many countries will be looking into as in the past regulation of the broadcast industry has been used to protect domestic cultural industries. When asked how the CRTC would promote Canadian content on the net Bertrand's answer is to license all of the ISP's in Canada and use the funds for the purpose of promotion. Well this would be great for the Internet Service Providers who are on the brink and are struggling to survive won't it. Besides, some Internet providers are already trying to police their content to comply with Criminal Code provisions on obscenity and hate literature.
Until recently, most Internet publishers have managed to avoid much content regulation but with the possibility of the government stepping in and forcing regulations onto this new medium people are searching for alternatives to government regulation.
In Canada, companies such as Digital Equipment Corporation's AltaVista software group and Net Shepherd, Inc. are attempting to create a meaningful standard for Internet content in order to divert government-enforced regulation of the Internet. . These two companies, along with other leading Internet service providers, cable operators, and site developers, meet to develop a standard based on self-regulation, choice and rating tools.
"For the first time in the history of this industry, a group of companies have come together and agreed to take the first step forward in developing a truly meaningful standard for Internet content protection and filtering," said Abe Hirsch, Digital's director of Web Business Development for AltaVista. "A standard must be developed that will protect families, educators and businesses while respecting the First Amendment right of all individuals."
*2 Okay so this guy is an American working in Canada his point should be acknowledged.In England, with co-operation between business and government, the Internet Watch Foundation (IWF) was founded in September 1996 to establish a self-regulating board to address the problem of illegal material on the Internet. It is an independent organization that executes the proposals jointly agreed by the British government, the police, the two of the largest service providers in England. The basic objective of IWF is to ensure that the "R3 Safety-Net" agreement is being abided by.
The aim of the IWF is to enhance the potential of the Internet to inform, educate, entertain and conduct business by: hindering the use of the Internet to transmit illegal material, particularly child pornography.
*3 If a user deems material or sites that appear to be illegal, the IWF has given methods to report it. IWF will determine whether it is potentially illegal under UK law and, if so, report it to both the Internet Service Provider concerned and the police.
Can existing law handle the Internet's new global ability?
Every country that is dealing with the issue of Internet regulation already has laws on their books dealing with problems of pornography and hate crimes. The
fact that applicable law exists, however, does not necessarily mean that the law is obeyed. This raises the issue of enforcing the laws that already exist and trying to apply them to this new medium. Enforcement activity has begun to emerge in the past few years as regulators and other persons seek to apply the law to the use of the Internet. Governments around the world have successfully brought prosecutions relating to the distribution of pornography, hate crimes, and other such anti-social behavior. In Canada, the RCMP have begun to target the individuals who are distributing hate and pornography in this country. When caught these users are charged under the existing Canadian laws and the fact that jail sentences have been imposed and court damages awarded leaves little doubt that domestic laws can be made to apply to the use of the Internet.
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Internet Watch Foundation information on England's Internet regulation organization*3
R3 Safety Net this is the IWF policy for regulating the net
Canadian Telecommunication Act
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*1
"CRTC Clued out when it comes to the info highway" by Jim Carroll*2
"Leading Internet Companies to Create Standards for Self-regulation of Content", March 5, 1998"
Industry Canada Studies Liability on the Internet" by Allan Gahtan, May 5, 1997"
Government Regulation of Internet Content" by Stephan T. Maher, March 1997"
Freedom of Speech and Privacy in the Information Age" Queen's University, November 21,1996"
Regulation and the Internet in Canada" by W.D. Godfrey"
Internet Regulations/Enforcement" McMaster University, August 24, 1995"
Industry Canada Consults ISP's re: Internet Liability/Regulations" by David Jones, September 3,1996"
New CRTC boss floats Net Folly" by Rob Hall, November 18, 1996
The above Internet articles were read in preparation for writing this project. Direct quotes from individuals were taken from
'*' articles.