Government Control on Internet Usage - Essay Example

Government Control Introduction: The paper sheds light on the control of the US government over information systems management. An attempt has been made to analyze the issues of security breaches and the steps taken to tackle them. The rising vulnerability of information that is stored in databases is also discussed. The rise in cyber crimes and the steps taken by the federal government to control them is also evaluated in the paper. The potential harm the electronic media (television and internet) poses for children, with easy accessibility to restricted sites and channels; has also been discussed. The various laws and acts issued by the government to control the content of television and Internet for safeguarding the interest of children viewing have also been analyzed. The Internet today is one of the fastest and cheapest modes of transmitting information. It was initially build up as an international network. The main purpose was to establish a mode of networking among scientist and university professors worldwide. The US first amendment and information management; in the context of electronic data interchange is a popular ground for debating the government control on the Internet. (Davenport, p 59) There are however, certain risks involved with the use of Internet. Hacking is one of the predominant cyber crimes that involve breaching the electronic defenses to access restricted information. Children are the most likely victims to the risks involved with the Internet. Exposure to websites with adult content is one of the chief concerns. The presence of certain sites that may influence activities like writing threat letters or mails is another cause for concern for parents. The measures employed by the government to control such things are one of the topics of discussion undertaken. Television is yet another section of the information systems management that involves vulnerabilities. The steps taken by the government to control the content of different channels, television being more invasive than the Internet in terms of vulnerability; is something that poses a possible ground for argument. The children, yet again are at risk to be exposed to certain content that may not be suitable for viewing by them. Since television is easier to operate and is the chief mode of entertainment, present in all the households, the ground for evaluation is how much control should be imposed. Government control on Internet usage: The US constitution does not provide for any legal protection of personal information. The restrictions that can be applied are limited and do not extend beyond the protection of information from plausible government infringement. The First amendment constitutes for protection of press and speech, overriding on protection of privacy. (Congressional Research Service, 2001) It has been reported that federal government is finding the fight against cyber crime to be more challenging than anticipated. Former executive director of National Cyber Security Division at DHS, Jerry Dixon had observed that more trained personnel at the local and state level is required to address the rising number of cyber crimes. Federal agencies are referred to regarding the computer security cases, since many of the cases are beyond state and even country boundaries. A bill in the US senate is one of the many steps undertaken by the government to guard the loopholes that is often exploited by criminals for their activities. (Search Security, 2003- 2008) The Identity Theft Enforcement and Restitution Act, 2008 makes it easier for prosecuting hackers and others convicted of cyber felony. The law offers the flexibility to federal courts to prosecute the accused, if the latter and the victim live in the same state. The new law also broadens the definition of cyber extortion. (The Washington Post, 1996 - 2008) The CRS reports on Internet security measures undertaken by the government involve the passing of the USA Patriot Act. The Act serves to enhance the Internet monitoring process of various law enforcement agencies. The legislation passed in the105th congress protects the interests of children under 13, using commercial websites-COPPA (Children's Online Privacy Protection Act) (Congressional Research Service, 2003) Children's Online Privacy Protection Act (COPPA): The act covered the privacy interest of children under 13 and also that of their parents. The rising concerns regarding the exchange of information on net, especially by children about personal details and information relating to their parents lead to the Children's Online Privacy Protection Act. The act was the result of the joint efforts of the Federal Trade Commission (FTC) and the Clinton administration. Under the act, it is required by commercial websites to obtain a parental consent before using personal information furnished by children. (Congressional Research Service, 2003) The Communications Decency Act (CDA) passed in the US Congress in 1996 was the first ever attempt by the government to control Internet based pornographic content. Under Section 502(2) it is a criminal offense to "send" or "display" any material that can be described as "patently offensive" by modern community standards, such as images of sexual or excretory activities; through what is termed as "interactive computer service." In 2007, the Supreme Court ruled that the enforcement of the CDA violates the First Amendment, due to lack of clarity in defining the terms "patently offensive" and "indecency". The Federal Communication Commission (FCC) had made an effort to ban "indecent" content featured in the Internet. The Supreme Court, however struck down the ban proposed by the FCC saying that, "the Government may not 'reduc[e] the adult population . . .to . . . only what is fit for children.'" (Congressional Research Service, 2005) Government Control on cable television content: The restriction issued by the federal communication commission on the indecent content featured in broadcast media (television and radio) and also cable/satellite television; is cause for much debate in the context of possible violation of the freedom of speech as guaranteed by the First Amendment. A detailed discussion on the restriction employed on "indecent" content has sparked a lot of speculation. Some are in favor of the extension of the indecency restriction employed by the Federal Communication Commission (FCC) to include cable and satellite television network along with radio and broadcast television networks. As per the restriction by the FCC, any program that is categorized as "indecent," featuring explicit sexual content, is prohibited from being broadcasted between 6 am and 10 pm. It is argued that broadcast media is more invasive as compared to cable and satellite network. A 1996 ruling of the Supreme Court, however views the difference between cable and broadcast television to be little, judging on the "invasive" parameter. Thus it is possible that the court would view the First Amendment as equally applicable to both broadcast and cable media. (Congressional Research Service, 2005) Government control on the Internet and Broadcast media: Should the Internet be put under the same scrutiny as the broadcast media by the government to control the "indecent" content; is the topic of much recent speculation. One of the most cited examples in this context is the ruling of the Supreme Court in the Reno v. American Civil Liberties Union, 521 US 844 (1997). The Court ruled that since the access to sexually explicit content on the net is rarely "accidental" unlike that of television or radio; so the freedom of speech on the Internet is not comparable to that for other broadcast media. It can be argued that the Internet is not as invasive as the other broadcast media (radio and television). The net requires a deliberate attempt on the part of the user to gain access to "indecent" content. The television and radio being present in most homes, it is difficult to filter the indecent content as specified by federal regulatory bodies like the FCC. It can be concluded that the restrictions imposed on "indecent" content on the television can indeed violate the First Amendment's freedom of speech. Regarding the government control on Internet in the context of explicit content; the vast network of the net renders the filtration of "indecent" content virtually impossible. So parents need to play an active role to restrict access to such sites. Technology provides for the insertion of chips that bars access to sites containing explicit content. Reference 1. "Internet Privacy: Overview and Pending Legislation". CRS Report for Congress. available at http://www.firstamendmentcenter.org/pdf/CRS.internet1.pdf accessed on December 25, 2008 2. "Online Privacy Protection: Issues and Developments". CRS Report for Congress. available at http://www.firstamendmentcenter.org/pdf/CRS.internet2.pdf accessed on December 25, 2008 3. "Constitutionality of Applying the FCC's Indecency Restriction to Cable television". CRS Report for Congress. available at http://assets.opencrs.com/rpts/RL33170_20051201.pdf accessed on December 25, 2008 4. "New Federal Law Targets ID Theft, Cybercrime". The Washington Post. 1996 - 2008 available at http://voices.washingtonpost.com/securityfix/2008/10/new_federal_law_targets_id_the.html accessed on December 25, 2008 5. "Federal government falling short on cybercrime". Search Security. 2003-2008 available at http://searchsecurity.techtarget.com/news/article/0,289142,sid14_gci1301560,00.html accessed on December 25, 2008 6. Davenport. E, Cronin. B (1991). Elements of Information Management. Scarecrow Press. Read More