Let's Build a Responsible Cyber Society

Social Networking Websites to be barred from US Schools?

In what is termed as an attempt to protect Children from the ill effects of the Internet, US is getting ready to pass a law titled "Deleting Online Predators Act" (DOPA). The effect of the act is to bar certain websites from being accessed from Schools and Public Libraries receiving Government funding. The sites which would be affected would be those sites which are allowing building of online communities and exchanging personal profiles. In particular web content including "commercial Web sites that let users create Web pages or profiles or offer communication with other users via forums, chat rooms, e-mail or instant messaging." would be the target of the legislation.

It is observed that the so called social networking websites which allow interactions between Netizens based on the profiles posted on the Internet are fertile grounds for Pedophiles to hunt for their victims.

Under the Communications Act of USA which is already in place, Schools and Public Libraries need to adhere to a certification for enabling them receive certain benefits under the Act. Now they will b required to follow certain best Internet practices to prevent children from accessing obscene sites.

The American Library Association (ALA) has raised the following five concerns on DOPA.

1. The terminology used in DOPA is still overly broad and unclear. As written, this legislation would block access to many valuable websites that utilize this type of communication, websites whose benefits outweigh their detriments.
 
2. DOPA still ignores the value of Interactive Web applications. New Internet-based applications for collaboration, business and learning are becoming increasingly important, and young people must be prepared to thrive in a work atmosphere where meetings take place online, where online networks are essential communication tools.
 
3. Education, not laws blocking access, is the key to safe use of the Internet. Libraries and schools are where kids learn essential information literacy skills that go far beyond computer instruction and web searching. Indeed, DOPA would block usuage of these sites in the very environments where librarians and teachers can instruct students about how to use all kinds of applications safely and effectively and where kids can learn how to report and avoid unsafe sites.
 
4. Local decision-making - not federal law - is the way to solve the problems addressed by DOPA.  Such decisions are already being made locally, in part due to the requirements of the Children's Online Protection Act (CIPA) for E-rate recipients. This additional requirement is not necessary. 
 
5. DOPA would restrict access to technology in the communities that need public access most. H.R. 5319 still, as presently drafted, would require libraries and schools receiving E-rate discounts through the Universal Service Program to block computer users from accessing Interactive Web applications of all kinds, thereby limiting opportunities for those who do not have Internet access at home.  This unfairly denies the students and library users in schools and libraries in the poorest communities from accessing appropriate content and from learning how best to safely manage their own Internet access in consultation with librarians and teachers.

According to the Act,

Though the suggestion is that the definition could be wide, it can be expected that the blocking will be restricted to sites that would be making the obscene information accessible to the children. If major sites that have other educational content need to remain outside the blocking list then they may have to exercise "Due Diligence" to segregate objectionable content from their websites and perhaps host them under a separate URL without a hyperlink.

It is important to recognize that even in a permissive society such as USA, regulatory authorities are keen to protect children. India so far has considered obscenity on the Internet punishable whether the victim is an adult or a child. Under the proposed amendments however, a distinction is being made reducing the punishments in case of "Obscenity" in general  (with higher financial penalty in case of "Child Pornography") . Child pornography for this purpose is not "Predatory Activities" but is limited to obscene content depicting children. More over under the amendments, the "Intermediary" such as the library or school (nor even Cyber Cafes and ISPs) would be  affected by the provisions of the law as indicated by the following:

Present Provisions as per ITA-2000 Proposed Provisions as per Amendments approved by the Cabinet committee and to be put up for the approval of the Parliament

Section 67: Publishing of information which is obscene in electronic form

Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if  its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.

67. Publishing  in electronic form of information which is obscene in electronic form

(1)   Save as provided in this Act under Section 79 which exempts intermediaries from liability in certain cases, whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five two years and with fine which may extend to one five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten five years and also with fine which may extend to ten lakh rupees. 

(2) Whoever intentionally and knowingly publishes or transmits through electronic form any material which relates to child pornography, shall be punished with imprisonment for a term not less than three years and with a fine which may extend to ten lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees. 

 Explanation: - For the purposes of this section “child pornography” means material that features a child engaged in sexually explicit conduct.

Exception – This sub-section (1) does not extent to  

(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form – 

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or

(ii)    which is kept or used bon fide for religious purposes; 

Since neither Cyber Stalking nor Pedophile activities are separately covered by the Indian legislation, it appears that the Indian act is less stringent than the US DOPA.

Naavi

October 30 , 2006

Related Article:

Copy of the DOPA