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Internet Laws

Cyber Space Law Right now there is a very interesting war being waged in the court rooms across America. It is a battle for the rights of citizens on the Internet. The Internet is a fairly new medium gaining wide popularity in 1994. Because of its incredible growth in popularity in a very short amount of time it has been hard to regulate. The first act to come out regarding the Internet and Freedom of Speech was PL 99-508 the Electronic Communications and Privacy Act of 1986 . This act consisted of two parts, title I and title II. Title I - Interception of Communications and Related Matters. Basically takes the existing laws and updates them to include computers. Where before it was illegal to intercept private telephone calls, it now says it is illegal to intercept private computer transmissions. It also includes a provision to make it legal to intercept public radio transmissions like it is with public radio programs. It also allows Internet Service Providers to keep a log of who called and their activity on-line to protect themselves. Title II - Stored Wire and Electronic Communications and Transactional Records Access. This provision adds sections to Title 18 of the


United States Code (USC). In section 2701 - Unlawful Access to Stored Communications; it makes it a federal offense to hack into a computer system. Actually what it says is that it is not illegal to gain access but once you do gain access, by mistake or intention, it is illegal to continue to access the computer system. This crime is punishable by $5000 or up to six months in jail. Section 2703 of USC Title 18 is the section that instructs Internet Service Providers to keep a back-up record of your activities on-line with a court order from a government entity. Then after the government notifies the individual in question, the material is either used by the agency or is destroyed. Probably the biggest battle yet over the first amendment rights so far has been the Communications Decency Act or CDA. In March 1995 Senator Jim Exon introduces legislation to criminalize online publication of any material deemed "obscene, lascivious, filthy or indecent." This legislation was attached to a larger and popular Telecommunications Reform Bill. The Senate and the House voted to approve the Telecommunications Reform Bill in February 1996. After President Clinton signed the bill the ACLU filed a suit claiming it violated their First and Fifth Amendment rights. Eight days later US District Court Judge Ronald Buckwalter issues an order temporarily blocking the CDA and ruled that the CDA was unconstitutionally over broad and vague. In June 1996 a panel declares the CDA unconstitutional; the Department of Justice appeals the decision to the Supreme Court. On March 19, 1997 the Supreme Court

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Approximate Word count = 1066
Approximate Pages = 4 (250 words per page double spaced)


  

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