The Offensive Internet: Speech, Privacy, and Reputation by Martha C. Nussbaum, Saul Levmore

By Martha C. Nussbaum, Saul Levmore

Saul Levmore, Martha C. Nussbaum (eds.)

The net has been romanticized as a sector of freedom. The pleasing mix of refined know-how with low boundaries to access and on the spot outreach to hundreds of thousands of clients has mesmerized libertarians and communitarians alike. Lawmakers have joined the social gathering, passing the Communications Decency Act, which allows net carrier prone to permit unregulated discourse with no risk of legal responsibility, all within the identify of improving freedom of speech. yet an unregulated net is a breeding flooring for offensive conduct.

At final we now have a booklet that starts to target abuses made attainable by means of anonymity, freedom from legal responsibility, and shortage of oversight. the prestigious students assembled during this quantity, drawn from legislation and philosophy, attach the absence of felony oversight with harassment and discrimination. wondering the simplistic proposal that abusive speech and mobocracy are the inevitable results of recent know-how, they argue that present misuse is the outgrowth of social, technological, and felony offerings. Seeing this essentially may help us to be larger proficient approximately our options.

In a box nonetheless ruled through a frontier standpoint, this e-book has the capability to be a true online game changer. Armed with instance after instance of harassment in net chat rooms and boards, the authors aspect a few of the vile and hateful speech that the present mixture of legislation and know-how has bred. The evidence are then handled to research and coverage prescriptions. learn this e-book and you may by no means back see the net via rose-colored glasses.

Reviews:

In this amazing quantity, an all-star forged of students explores the Internet's darkish side-- how the net can break acceptance and privateness at warp pace. (Paul M. Schwartz, Director, The collage of California at Berkeley middle for legislations and Technology)

A number of shrewdpermanent, provocative, and occasionally bracing essays approximately keeping privateness, dignity and attractiveness within the electronic public sphere. (Jack M. Balkin, Knight Professor of Constitutional legislations and the 1st modification, Yale legislation School)

More and extra, the web isn't just a technological frontier, yet a spot the place everyone is settling in to stay their lives – as shoppers, staff, pals, and each different permutation of social being. And the place society is, we will be able to anticipate difficulties of speech, privateness, and acceptance. The Offensive net can provide to be a "go-to" quantity for these concerned with and looking to input the controversy approximately those super urgent matters. (Katherine J. Strandburg, Professor of legislation, long island University)

Anyone drawn to privateness, popularity, speech and the way the net has advanced all 3 may still learn those thought-provoking essays from a number of the brightest minds within the criminal academy. This assortment merits a spot within the net legislations canon. (Paul Ohm, college of Colorado legislations School)

[This ebook] is if you happen to care how the web has complex privateness, speech and recognition, and in the event you can have to rescue it from itself. (Liz Else New Scientist 2011-01-15)

Much writing in regards to the net specializes in its amazing skill to democratize entry to info, to supply a platform for formerly marginalized voices, and to another way decrease obstacles and advertise freedom. Levmore and Nussbaum discover the darkish aspect of all this unregulated freedom and divulge the actually vile and damaging speech which may flourish on-line. The roster of individuals, together with many significant thinkers on net coverage and tradition, is awesome. The e-book takes up the intense questions we needs to face because the web turns into now not a few really good device for know-how fans yet ubiquitous. What guidelines do we installed position to scale back bullying and harassment whereas maintaining unfastened speech? What provisions may be made to guard individuals' privateness or to avoid fake and malicious rumors from eternally tarnishing reputations? This ebook is a necessary learn for somebody drawn to exploring those questions. it truly is rather strong in its therapy of privateness, popularity, and speech (both the security of speech and the legislation of it) as inextricably associated concepts...Indispensable! students of web legislations and basic readers alike will locate this booklet informative, illuminating, and nerve-racking. (Rachel Bridgewater Library magazine (starred evaluate) 2011-01-01)

If the evils of the web are to be addressed with no jeopardizing its merits, an process of simply this kind is what's wanted. (Michael Kerrigan The Scotsman 2011-01-29)

[The Offensive web] poses a provocative thesis: even though the freedoms bestowed by means of the net are universally famous and usually lauded, an absence of rules has allowed for radicalism, and not anything in need of a Kafkaesque answer will be in a position to determine regulate now... This assortment exposes the "double-edged sword" of the realm huge internet, poses pertinent questions on the felony quandaries overshadowing loose speech, or even bargains a few pragmatic suggestions. (Publishers Weekly 2011-02-14)

The net can be "offensive," and in a few circumstances 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 important book--detailed, considerate debate at a degree we haven't started to strategy but during this country--irresistibly exhibits. (Peter Preston The Observer 2011-05-29)

Levmore and Nussbaum accrued thirteen stimulating and hugely readable essays through best criminal students and social observers that describe the cultural roots of our on-line world misconduct and recommend attainable strategies. The participants current different views in regards to the right stability among loose speech and safeguard of the weak. those authors commonly price lively social and political discussions in our on-line world. even if, they fear that liberating on-line posters from felony consequences for deleterious statements and from the social norms that restrain participants from injurious speech within the bricks and mortar international ends up in over the top quantities of damaging, low-value verbal exchange. They suggest various artistic ways to inspire civility, starting from new torts to compensate sufferers to structural adjustments, comparable to revised seek algorithms to lead clients clear of cyber-cesspools. (T. H. Koenig selection 2011-10-01)

Contents:

Introduction [Saul Levmore and Martha C. Nussbaum]
I. the web 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]
II. Reputation
5. Believing fake Rumors [Cass R. Sunstein]
6. recognition legislation: Disclosure and the problem of Clandestinely Commensurating Computing [Frank Pasquale]
7. younger Indiscretion in an online Age [Anupam Chander]
8. educational directors and the problem of Social-Networking web content [Karen M. Bradshaw and Souvik Saha]
III. Speech
9. cleansing Cyber-Cesspools: Google and loose Speech [Brian Leiter]
10. privateness, the 1st modification, and the web [Geoffrey R. Stone]
11. Foul Language: a few Ruminations on Cohen v. California [John Deigh]
IV. Privacy
12. Collective privateness [Lior Jacob Strahilevitz]
13. privateness on Social Networks: Norms, Markets, and common Monopoly [Ruben Rodrigues]

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Additional resources for The Offensive Internet: Speech, Privacy, and Reputation

Example text

Congress recognized the dangers that anonymous mobs pose to individuals’ right to equal treatment during Reconstruction. It enacted the Ku Klux Klan Act of 1871 to reach the destructive conduct of Klan members who conspired to deprive individuals of their basic rights under the cloak of anonymity. 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.

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.

Copyright primarily functions as a form of property right, protecting works of self-expression, such as a song or painting. To cope with increased threats to privacy, the scope of the appropriation tort should be expanded. The broadening might embody the original early twentieth-century interpretation of this principle of common law, which conceived of privacy as more than a means to protect property: “The right to withdraw from the public gaze at such times as a person may see fit . . 10 Today, however, the tort does not apply when a person’s name or image appears in news, art, literature, or on social-networking sites.

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The Offensive Internet: Speech, Privacy, and Reputation by Martha C. Nussbaum, Saul Levmore
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