Subj : Getting Around Usenet Censors (part IV) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ * Forwarded (from: libernet) by Ken Wiebe using timEd 1.01. From: Vernon Imrich Reply-To: libernet-d@Dartmouth.EDU [FAQ continues] Chapter 3: Ethics of Banned Newsgroups 3.1 What is a "banned newsgroup"? A "banned newsgroup" in the strictest sense of the phrase would be a newsgroup to which access has been denied because of the content of material in that newsgroup. However, in this faq, I use a looser sense of the phrase: basically, any newsgroup to which access is impossible, difficult through normal methods, or restricted in any way. 3.2 Should news administrators be allowed to ban newsgroups? It is becoming clearer and clearer in this information age that newsgroups (and all electronic communication) are analogous to libraries. Because of this, the rules and ethics that apply to libraries should be applied to newsgroups. Carl M. Kadie has done some wonderful work on archiving and analyzing information relating to computer freedom; much of the information in this document, especially that relating to the "newsgroups as libraries" analogy, is his. See below on how to access his huge archive. Without going into legalities, there are some important reasons that news administrators would not want to provide access to certain news groups. These reasons include, but are not limited to: - Size limitations. Certain news groups are just too large to provide access to without severely limiting other newsgroups. - A limited feed. For example, a company or school may wish to only allow newsgroups related to their company or school. However, this does not allow them to only pick and choose from the remaining newsgroups. Of course, there are some reasons that are generally not considered valid. These reasons include, but are not limited to: - Copyright violations. A library (or bookstore, or the phone company) can not be expected to scan every article (or book, or communication) for illegal material. - Content of newsgroups. If you are willing to accept the "newsgroup as a library" paradigm, you can not allow or deny access to newsgroups based on content. The American Library Association (ALA) has said: [BEGIN EXCERPTS FROM INCLUDED FILE: 5] "The library is one of the great symbols of our democracy. It is a living embodiment of the First Amendment because it includes voices of dissent."1 Libraries of all types adhere to this ideal ... It is essential to this purpose that the library function as neutral ground in that marketplace. Viewpoint-based discrimination has no place in ... library collections or services; for the library to espouse partisan causes or favor particular viewpoints violates its mission. Libraries serve the function of making ideas and information available to all members of the society, without discrimination. The right of free access to information for all individuals is basic to all library service. The central thrust of the LIBRARY BILL OF RIGHTS is to protect and encourage the free flow of information and ideas. Article 5 protects the rights of an individual to use a library regardless of origin, age, background, or views. The American Library Association urges all libraries to set policies and procedures that reflect the basic tenets of the LIBRARY BILL OF RIGHTS, within the framework of Constitutional imperatives and limitations. 1. Richard R. Kreimer v. Bureau of Police for the Town of Morristown, et. al., ___ F. Supp. ___ (No. 90-554, May 22, 1991). [END EXCERPTS FROM INCLUDED FILE] The Bill of Rights (from the ALA) reads, in part: [BEGIN EXCERPTS FROM INCLUDED FILE: 6] The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas. A person's right to use a library should not be denied or abridged because of origin, age, background, or views. [END EXCERPTS FROM INCLUDED FILE] Moreover, it is not only the right thing to do to allow access to these newsgroups; according the the "Librarian's Code of Ethics", librarians must stand up to attempts to ban newsgroups. [BEGIN EXCERPTS FROM INCLUDED FILE: 7] The Librarian's Code of Ethics II. Librarians must resist all efforts by groups or individuals to censor library material. III. Librarians must protect each user's right to privacy with respect to information sought or received and materials consulted, borrowed, or acquired. V. Librarians must distinguish clearly in their actions and statements between their personal philosophies and attitudes and those of an institution or professional body. [END EXCERPTS FROM INCLUDED FILE] And there are even more general codes of ethics that could be applied, including the Code of Ethics for Information Scientists: [BEGIN EXCERTPS FROM INCLUDED FILE: 8] A Code of Ethics for Information Scientists: Information professionals should: * strive to make information available to individuals who need it * strive both to ensure accuracy and not to infringe upon privacy or confidentiality in providing information about individuals * protect each information user's and provider's right to privacy and confidentiality Information professionals should: * resist efforts to censor publications * play active roles in educating society to understand and appreciate the importance of information promoting equal opportunity for access to information [END EXCERPTS FROM INCLUDED FILE] News administrators are generally not trained in law relating to libel, copyright violations, and pornography; they often don't have a good basis to judge whether or not something is in violation of the law. It is impossible for news administrators to scan all news. "Censorship reflects society's lack of confidence in itself. It is a hallmark of an authoritative regime." - Supreme Court Justice Potter Stewart 3.3 Should people be allowed to describe how to receive banned newsgroups? Obviously, I believe so, since I am writing this faq. However, this information is already out there; both in forms of getting banned newsgroups, and just as general internet services. Not much information in this faq is new; it just hasn't always been in one spot at one time. In fact, I believe that it is important to describe how to receive banned newsgroups, and for people to excercise their rights pertaining to newsgroups. It is very disturbing for me to see news administrators declaring themselves ultimate arbitrators of what is and is not appropriate; even looking past the obvious problems with this, the decision is often made for basically arbitrary reasons. News administrators will only realize that they can not control what people can and can not read on a selective basis if people stand up for their rights. If people do not continue to excercise their rights to getting uncensored information, it will become easier and easier for organizations to infringe upon those rights. For this reason, it is important to keep this information alive, even if it does not directly apply to you at this moment. Who knows when the news situation at your site will change? Of course, this file is most useful in places where news is (even partially) banned; if your site has a news feed that is censored, it is your responsibility as a member of the electronic culture to provide this information to others at your site that need it. The only way that our rights will not be tread upon is if people stand up and excercise their rights. Every person that wishes to be able to choose has been drafted into the anti-censorship war. Even if access to your particular newsgroups is not being challenged today, every new rule and regulation takes you one step closer to the day when you no longer decide what you can read. "I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise that control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion." - Thomas Jefferson 3.4 Are newsgroups libraries? Carl M. Kadie has made this wonderful statement, that pretty much sums it up: [BEGIN INCLUDED FILE: 9] So what is a library? Here is my favorite definition: (From Indiana state law) "'Library' means a collection of a variety of books or other printed matter, audiovisual materials or other items in which knowledge is recorded; kept in a centralized place; for which a person who as knowledge of the materials, their arrangement, their use and of library skills is responsible; and which are for the use of individuals or groups in meeting their recreational, informational, educational, research or cultural needs." Here are some others: The best definition in the OED II is: "a public institution or establishment, charged with the care of a collection of books, and the duty of rendering the books accessible to those who require to use them." I called the American Library Association, but the folks I talked to did know of an official definition. They did, however, suggest looking in the book _American Library Laws_ (5th edition) for legal definitions. From the book I learned that most states do not define the term. Here are definitions from the states that do: California: "'School library' means an organized collection of printed and audiovisual materials which (a) is administered as a unit, (b) is located in a designed place, and (c) makes printed, audiovisual, and other materials as well as necessary equipment and services of a staff accessible to elementary and secondary school students and teachers." "'Academic library' means a library established and maintained by a college or university to meet the needs of its students and faculty, and others by agreement." Maine: "'Media center' means any library utilizing print as well as extensive nonprint resources and materials." Pennsylvania: "'Local Library.' Any free, public, nonsectrian library, whether established and maintained by a municipality or by a private association, corporation or group, which serves the informational, educational and recreational needs of all the residents of the area for which its governing body is responsible, by providing free access (including free lending and reference services) to an organized and currently useful collection of printed items and other materials and to the services of staff trained to recognized and provide for these needs." South Dakota: "'Public library materials,' the various forms in which knowledge, information, and humanity's cultural heritage are recorded that a public library might acquire, organized and make available to its clientele;" Washington State: "'Resources' are library materials which include but are not limited to print, nonprint (e.g., audiovisual, realia, etc.), and microform formats; network resources such as software, hardware, and equipment; electronic and magnetic records; data bases; communication technology; facilities; and human expertise." [According to the OED II, "realia" are " Objects which may be used as teaching aids but were not made for the purpose."] [END INCLUDED FILE] 3.5 Do we really need this faq? If you are at a well-connected site, you may not see the need for this document. However, consider these recent real-world examples: - A news administrator announces that certain newsgroups will be cut off because of "copyright violations" - People at a site have to have every news message of theirs approved by an official member of the news administration before it will be posted - Certain articles at a site are filtered out before people are allowed to read news - People are forced to sign statements and go through other procedures to get access to certain newsgroups All of these examples have occurred recently. The people at these sites are having decisions made for them. The administrators are ignoring many codes of ethics. All of the people at these sites can be helped with information on how to get banned newsgroups. But even beyond that, I feel that it is important to show people (both news administrators and readers) that there are alternatives to reading a censored newsfeed. There is no way to prevent any person on the net from getting banned newsgroups; if you have access to any internet resource, you have full access to news. "The Net interprets censorship as damage and routes around it." - John Gilmore 3.6 Online references pertaining to electronic freedom and privacy News is a great place to discuss electronic rights. Some newsgroups that are good to read are: - alt.censorship - alt.comp-acad.freedom.announce - alt.comp-acad.freedom.talk - alt.privacy - comp.org.eff.announce - comp.org.eff.news There are also mailing lists that discuss these issues. To join the cypherpunks mailing list, send mail to "cypherpunks-request@toad.com". The submission address for the mailing list is "cypherpunks@toad.com". There are some web sites related to censorship and banned newsgroups. These include: http://www.cs.cmu.edu:8001/afs/cs.cmu.edu/user/kcf/www/censor/index.html http://web.dementia.org/censorship/index.html http://www.mit.edu:8001/activities/safe/home.html http://www.mit.edu:8001/activities/safe/notsee.html =======================================================================