Law in the Internet Society

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ShakimaWellsSecondPaper 5 - 31 Mar 2013 - Main.EbenMoglen
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Cyber Sticks and Stones
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 In other instances, users might change their behavior to avoid this kind of speech in the future. Wouldn't this inevitably result in negative externalities by limiting the opportunity for these individuals to engage in what could otherwise be socially beneficial behavior? At present, a user who browses user comments simply to gage public reaction to a funny video or participate in an online political debate, for instance, will almost certainly encounter inflammatory language.
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So? You still haven't explained why this is a problem. If it's the word itself on the page, modify your browser so it won't show you some seven dirty words. If it's the knowledge that people have such thoughts, or at least make such utterances, how is that a harm we have any reason, let alone right, to prevent?

 Even if one were to try to simply avoid troll posts, she will likely find this difficult. That most of us know about the crudity of internet commentary perhaps attests to this notion. Indeed, the ease of access to the internet also means that inflammatory language can be, and often is, found in the midst of otherwise useful, entertaining or informative content. Adjusting one’s browsers or filter settings is a viable option. However, some of the most inflammatory language can be highly dependent on interpretation and social context; “The smell coming from Trayvon Martin’s grave” does not use offensive language per se.

Also, one of the benefits of the internet is that it is more easily accessible to different types of users. If younger individuals, for example, witness such speech without also witnessing the social response couldn't this negatively affect their behavior down the road in real life? We might also ask if we would simply ignore such behavior if it were occurring on the sidewalk in front of us? If not, why? Is the impact of the behavior on society or on the receiver any less damaging online?

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 The concepts of pseudonymity and anonymity also contribute to the discussion of trolling. In posting anonymously, an individual can avoid personal accountability and thus some of the negative consequences of their actions. The ability to use a pseudonym similarly allows an individual to assume an online mask of sorts. To be sure, anonymity and pseudonymity serve important functions both online and off. The Supreme Court, in McIntyre? v. Ohio Board of Elections, articulated this view when it wrote, "Anonymity is a shield from the tyranny of the majority...It thus exemplifies the purpose behind the Bill of Rights and the First Amendment in particular; to protect unpopular individuals from retaliation..." Freedom of speech is not absolute, however, and the type of speech referred to by the court can arguably be distinguished from trolling, which is primarily designed to garner an emotional response.

Companies like Youtube have already begun to consider possible solutions. One optional new policy prompts users to change their username to their real name. Such measures perhaps assume that individuals who will elect to post identifying information may be less likely to troll. It might be useful for sites to go a step further and give users the option to only see posts from users who choose to identify themselves. While steps such as those above are unlikely to eliminate trolling, it may help users distinguish such behavior from other types of expression— such as art or simply controversial opinions—and may also enhance freedom of speech by reducing the efficacy of the movement by some to try to ban trolling altogether.

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What is the real problem? Neither this nor the prior draft has explained why "inflammatory language" is something society needs to worry about. Conduct (the putting in fear that is assault, for example) we regulate extensively, and language we let be, in the interest of freedom of thought. Why should we be concerned to move this line, or more riskily yet, endow others with power to move the line for us?

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Revision 5r5 - 31 Mar 2013 - 23:00:52 - EbenMoglen
Revision 4r4 - 05 Mar 2013 - 17:12:03 - ShakimaWells
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