by Alinta Thornton
Control
Panopticon
school
A
significant issue is presented by the Internet's potential as a tool for
surveillance, control and disinformation, areas that attracts increasing
interest and paranoia as the Internet grows in importance.
Paul
Wallich comments that the information superhighway is more like a "19th-century
railroad that passes through the badlands of the Old West", whose
travellers are "easy marks for sharpers". He points out that
most things on the Internet are based on trust (Wallich, 1995: 186).
For
example, emails can be read by others than their intended recipients;
email and other communications can be forged tracelessly, so that an impersonator
can slander or solicit criminal acts in someone else's name; they can
pretend to be a trusted friend to get information; emails can be coded
so that the recipient's computer will allow access to its files.
Michel
Foucault, in Discipline and Punish, said:
"Just
as the ability to read and write and freely communicate gives power
to citizens that protects them from the powers of the state, the ability
to surveil, to invade the citizens' privacy, gives the state the power
to confuse, coerce and control citizens. Uneducated populations cannot
rule themselves, but tyrannies can control even educated populations,
given sophisticated means of surveillance" (Foucault, 1979: 290).
The
fear is that government controls will diminish the ability of the Internet
to support democracy effectively.
Top
Legislation
In
the wake of the September 11 attack on the USA, these fears are justifiably
growing.
On
12 March 2002, the Telecommunications Interception Legislation Amendment
Bill 2002 was introduced into the Australian House of Representatives.
The
Electronic Frontier Foundation
comments as follows:
"The
Bill would change the long-established balance between individuals'
right to privacy and legitimate law enforcement needs. It would allow
government agencies to intercept and read the contents of communications
passing over a telecommunications system, that are delayed and stored
in transit, without a warrant of any type (e.g. email, voice mail and
SMS messages that are stored on a service provider's equipment pending
delivery to the intended recipient).
Under
current law, an interception warrant is required to access such messages,
the same as is required to intercept a telephone call."
Security
legislation
This
Bill is part of a group of Bills, named the Security Legislation Amendment
(Terrorism) Bill 2002 [No.2] and Related Bills, that are aimed at
combating terrorism.
At
the time of writing (May 2002) they have not been introduced to parliament,
or thoroughly debated in either house.
[See
Electronic Frontier Foundation for
more information.]
Censorship
Many
observers are concerned about the censorship of politically sensitive
materials on the Internet. A recent example is the French court ruling
that Yahoo ban the sale of Nazi-related related materials on its auction
site within France.
Racism
Yahoo
responded by installing filters, both automatic and human, to prevent
people from posting Nazi-related, Ku Klux Klan and other racist materials
on its sites. This prevents their sale on Yahoo's sites anywhere in the
world.
Terrorism
Another
significant example is the crackdown on materials related even tangentially
to terrorism in the wake of the September 11 2001 attack on New York and
Washington DC.
For
example, a library assistant at a university sent an email during the
weeks after the attack criticising the USA for what he termed 'apartheid
policies in Israel' and the bombing of Iraq. He was suspended without
pay for a week (Electronic Frontier Foundation, 2001).
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Adult
content
In
South Australia, parliament introduced a Bill in November 2000 proposing
to make it illegal to publish content unsuitable for children on the Internet,
even when it is only meant to be available to adults (Electronic Frontiers
Australia, 2).
Filtering
software
Filtering
software is also causing considerable concern. A study of four well known
such programs found that filters failed to block objectionable content
25% of the time, and improperly blocked benign content 21% of the time
(Hunter).
Censorship
casts a long shadow over the Internet's potential as a tool to revitalise
the public sphere.
Surveillance
Rheingold
suggests that governments or other groups could track information about
individuals or companies using the electronic information they create,
such as credit cards, Internet searches, emails, government databases
etc (Rheingold, 1993:106).
He
predicts that totalitarian manipulators would begin, not with police kicking
in the door, but by using the information a person has given to various
companies and outlawing measures for protection against it.
They
could use computer programs to link bar codes, credit cards, social security
numbers and all the other electronic information available.
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Electronic
surveillance
This
concern is fairly realistic, given the amount of electronic surveillance
that is currently in place. As the Internet has gained wider acceptance
and usage, the rate of surveillance has increased significantly, including
the following examples:
-
one
jail in Phoenix Arizona has begun webcasting live footage of
its inmates being searched and prisoner shakedowns (Mieszkowski, June
2001)
-
advertising
companies such as DoubleClick track users' travels between
sites (Electronic Frontier Foundation, 2001, 2)
- employers
can and do keep records of all emails sent to and from employees.
At the time of writing, Australian employers are not prevented by law
from this type of monitoring and they may not even be required to inform
employees that they are doing so under the Commonwealth Privacy Amendment
(Private Sector) Act 2000, which comes into effect on 21 December 2001
(Electronic Frontiers Australia, 2001).
- the Chinese
government jailed several people in October 2001 for their activities
on the Internet. For example, Zhu Ruixiang, who emailed a pro-democracy
newsletter to some friends, is likely to go to jail for three years
-
China
has shut down political bulletin boards and instituted strict
censorship schemes that prevent people within China from accessing
some Western sites such as news from CNN, the BBC, Reuters and The
Washington Post. (Hong Kong Voice of Democracy)
- overseas
web sites by banned group Falun Gong are also unavailable in China
- in most
major Chinese cities, Internet cafes are required to have monitoring
software that automatically reports people who try to connect to
certain sites (Chandler).
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Which
tradition of control?
The
medium of digital communications has inherited several traditions of control:
the press, the common carrier and the broadcast media (Kapor, 1995: 174).
Interestingly,
US Federal judges overturned the Communications Decency Act in 1996, ruling
that:
"the strength of our liberty depends on the chaos and cacophony
of the unfettered speech the First Amendment protects ...As the most
participatory form of mass speech yet developed, the Internet deserves
the highest protection from governmental intrusion" (Sydney
Morning Herald, p9, 13 June 1996). [my emphasis]
Free
speech
Because
the ruling describes the Internet as a form of mass speech, it established
that under American law the Internet is a medium based on speech, like
the printed word, rather than a broadcast medium.
Top
This
has important implications for its future, because:
The
decision about which model of censorship, surveillance and control to
follow will be central to the development of the Internet - broadcasting,
speech, print or some new, more appropriate model perhaps combining some
aspects of all three.
>>Next:
Access

©Alinta
Thornton
Masters Thesis
MA in Journalism
University of Technology, Sydney

 
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