News & Observer | newsobserver.com | Free speech shrinks online

Published: Jul 07, 2008 12:30 AM
Modified: Jul 07, 2008 06:04 AM

Free speech shrinks online

Service providers wipe out iffy content

 

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NEW YORK - Rant all you want in a public park. A police officer generally won't eject you for your remarks alone, however unpopular or provocative.

Say it on the Internet, though, and you'll find that free speech and other constitutional rights are anything but guaranteed.

Companies in charge of seemingly public spaces online wipe out content that's controversial but otherwise legal. Service providers write their own rules for users worldwide, and they set foreign policy when they cooperate with regimes such as China. They serve as prosecutor, judge and jury in handling disputes behind closed doors.

The governmental role that companies play online is taking on greater importance as their services -- from online hangouts to virtual repositories of photos and video -- become more central to public discourse around the world. It's fallout from the Internet's market-driven growth, but possible remedies, including government regulation, could be worse than the symptoms.

Dutch photographer Maarten Dors met the limits of free speech at Yahoo Inc.'s photo-sharing service, Flickr, when he posted an image of an early adolescent boy with disheveled hair and a ragged T-shirt, staring blankly with a lit cigarette in his mouth.

Without prior notice, Yahoo deleted the photo on grounds it violated an unwritten ban on depicting children smoking. Dors eventually convinced a Yahoo manager that the photo had value as a statement on poverty and street life in Romania. Yet another employee deleted it again.

"I never thought of it as a photo of a smoking kid," Dors said. "It was just of a kid in Romania and how his life is. You can never make a serious documentary if you always have to think about what Flickr will delete."

There may be legitimate reasons to take action, such as to stop spam, security threats, copyright infringement and child pornography, but many cases aren't clear-cut, and balancing competing needs can get thorny.

"We often get caught in the middle between a rock and a hard place," said Christine Jones, general counsel with service provider GoDaddy.com Inc. "We're obviously sensitive to the freedoms we have, particularly in this country, to speak our mind, [yet] we want to be good corporate citizens and make the Internet a better and safer place."

Making up new rules

While mindful of free speech and other rights, Yahoo and other companies say they must craft and enforce guidelines that go beyond legal requirements to protect their brands and foster safe, enjoyable communities -- ones where minors may be roaming.

The rules aren't always clear, enforcement is inconsistent, and users can find content removed or accounts terminated without a hearing. Appeals are at the service provider's discretion.

To wit: Verizon Wireless barred an abortion-rights group from obtaining a "short code" for conducting text-messaging campaigns, and LiveJournal suspended legitimate blogs on fiction and crime victims in a crackdown on pedophilia. Two lines criticizing President Bush disappeared from AT&T Inc.'s webcast of a Pearl Jam concert. All three decisions were reversed only after senior executives intervened amid complaints.

"As we move more of our communications into social networks, how are we limiting ourselves if we can't see alternative points of view, if we can't see the things that offend us?" asked Fred Stutzman, a UNC-Chapel Hill researcher who tracks online communities.

With online services becoming greater conduits for public communications, some advocacy groups believe the federal government needs to guarantee open access to speech.


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