Cyber Ethics and Libraries

Freedom to Information: Filtering and Censorship
Should library computers have filters?
What is objectionable material and do we have a right to or
obligation to block this material or to provide open access to all
material?
Examples:
- Sexual (ie: pornography)
- Religious (ie: pagan)
- Racial (ie: the KKK)
- Political (ie: terrorist)
ALA Websites:
- Freedom of Information Act
- Responding to Freedom of Information Act (FOIA)
Requests
- Children's Internet Protection Act
From CIPA Questions and Answers by the ALA
Q: What is “obscenity”?
A: The federal obscenity statute cited in CIPA does not itself contain
an express definition of
obscenity. However, the Supreme Court (in Miller v. California, 413
U.S. 15 (1973)) has
established a test for obscenity that is now implicitly incorporated
into the federal statute:
(a) Whether “the average person, applying contemporary
community standards,”
would find that the material, taken as a whole, appeals to the prurient
interest;
(b) whether the work depicts or describes, in a
patently offensive way, sexual conduct
specifically defined by the applicable state or federal law to be
obscene; and
(c) whether the work, taken as a whole, lacks serious
literary, artistic, political, or
scientific value. (4)
The Platform for
Internet Content Selection (PICS Standard) ~ "The PICS
specification enables labels (metadata) to be associated with Internet
content. It was originally designed to help parents and teachers
control what children access on the Internet, but it also facilitates
other uses for labels, including code signing and privacy. The PICS
platform is one on which other rating services and filtering software
have been built." Also see "Cybersmut" by Joseph Westfall and Frequently
Asked Questions.
Potential Implications of Filters on Library Computers:
- Lack of filters may lead to a hostile environment for patrons --
including children (see CIPA) and librarians (see MPL case)
- Expensive Harassment Lawsuits (more expensive than First
Amendment Violations) ~ Eugene Volokh, a law professor at UCLA (New York Times)
- Lack of filtering can lead to making it difficult for other
patrons to use the resources (ie: pornography sites that don't let
users leave)
- First Amendment rights of all patrons (including those that wish
to look at 'objectionable' websites)
- Potentially researching 'objectionable' material may be blocked
(ie: sociology student researching terror groups)
- Filters may filter out 'valid' information that uses the same
wording
- White listing vs. Black listing (ie: controls what language
patrons can use vs. blocking information from being retrieved)
Case Study:
Minnesota Public Library Case ~ The New York Times
Hennepin
County Library Board Policy
"Squimish Librarians" ~ Eugene Volokh
Social Networking Sites
- Privacy Concerns (ie hacking)
- Anonymity on the Internet
(easy to 'be someone else' or to not feel impact of actions as harshly
as in person)
- Online Predators
- Online Stalkers/Harassment/Cyber Bullies
Pirating and Fandom
Fandom -- Commercial vs. Private Use
Case Studies:
- Music -- Napster to I-Tunes
- Movies -- YouTube to Official Website Integration
- Images, Text, etc. -- Fandom Sued to Fandom Rewarded
Additional Case Study:
The reward of breaking the law. Is this the world's most addictive game? ~ Ben
Silverman for YahooGames!
Plagiarism
- Easy to Find Papers to Buy or Copy
- Easy to Cut and Paste
- Citation Difficulties
- How to cite? How to paraphrase? Who is the author? What is
the date?
Helpful Websites:
Academic Integrity and Plagiarism ~ by University
of Illinois Urbana-Champaign
Plagiarism: Prevention and Detection strategies ~
by
University of Cincinnati
Online Video Tutorial ~ by Rutgers University
Libraries
Controversies with Plagiarism Software (ie: Turnitin
-- Wikipedia's Article)
Case Studies:
McGill University Student vs. iParadigms, LLC (January 2004) *
McGill student wins fight over anti-cheating website
Virginia and Arizona HS Students vs. iParadigms, LLC (March
2008) *
Washington Post
- "Typically, if you quote something for education purposes,
scholarship or news reports, that's considered fair use, but it seems
like Turnitin is a commercial use. They turn around and sell this
service, and it's expensive. And the service only works because they
get these papers." ~ Andrew Beckerman-Rodau, co-director of the
intellectual property law program at Suffolk University Law School.
Also see Library Journal article.
School Library Journal
- "Ruled that fair use was not violated because under federal law,
the unauthorized use of copyrighted work for purposes such as teaching,
scholarship, and research 'is not an infringement of
copyright.'"..."Schools have a right to decide how to monitor and
address plagiarism in their schools and may employ companies like
iParadigms to help do so...As the Supreme Court has recognized in the
constitutional context, 'the rights of students in public school are
not automatically coextensive with the rights of adults in other
settings' and 'the rights of students must be applied in light of the
special characteristics of the school environment.'" ~ Judge Claude
Hilton of the Eastern District of Virginia
Librarians Role in Teaching Cyber Ethics
Information Literacy
- Informal
- Formal
- Information Literacy Sessions
- Classroom Integration
Works Cited (in the order of appearance):
"Freedom of Information Act."
American Libary Association.
<http://www.ala.org/ala/aboutala/offices/oif/ifissues/freedominformation.cfm>.
"Responding to Freedom of Information Act (FOIA)
Requests." American Library Association.
<http://www.ala.org/ala/aboutala/offices/oif/ifissues/issuesrelatedlinks/respondingfoia.cfm>.
"Children's Internet Protection Act."
American Library Association.
<http://www.ala.org/ala/aboutala/offices/wo/woissues/civilliberties/cipaweb/cipa.cfm>.
"CIPA Questions and Answers."
American Library Association.
<http://www.ala.org/ala/aboutala/offices/wo/woissues/civilliberties/cipaweb/adviceresources/CIPAQA.pdf>.
"The Platform for
Internet Content Selection (PICS Standard)." W3C (MIT, ERCIM,
Keio).
<http://www.w3.org/PICS/>.
Westfall, Joseph.
"Cybersmut."
<http://www.scu.edu/ethics/publications/iie/v9n1/cybersmut.html>.
"[PICS]
Frequently
Asked Questions
<http://www.w3.org/2000/03/PICS-FAQ/>.
Volokh, Eugene.
"Eugene
Volokh."
<http://law.ucla.edu/volokh/>.
Kaplan, Carl S. "
Controversial
Ruling on Library Filters." The New York Times: From Cyber Law
Journal. June 1, 2001.
<http://www.nytimes.com/2001/06/01/technology/01CYBERLAW.html?ex=1225080000&en=0ab190a96d56bd69&ei=5070>.
"
Hennepin
County Library Board Policy: Internet Public Use Policy."
Hennepin County Library Board.
Feb. 28, 2007.
<http://www.hclib.org/pub/info/board_policies/internet_public_use_policy.cfm>.
Volokh, Eugene.
"Squimish
Librarians." Eugene Volokh from Reason.com. June 4, 2001.
<http://law.ucla.edu/volokh/harass/library.htm>.
Silverman, Ben.
"Is this the world's most addictive game?"
YahooGames! Sept. 22, 2008.
<http://videogames.yahoo.com/feature/is-this-the-world-s-most-addictive-game-/1248496>.
"Academic Integrity and Plagiarism." University of
Illinois Urbana-Champaign. Sept. 9, 2008.
<http://www.library.uiuc.edu/learn/research/academicintegrity.html>.
"Plagiarism:
Prevention and Detection strategies."
Academic Integrity Committee and
University Libraries Instructional Faculty of the University of
Cincinnati. Sept. 2007.
<http://www.libraries.uc.edu/instruction/faculty/plagiarism.html>.
"What
is Plagarism? [Online Video Tutorial]." Paul Robeson
Library/Rutgers University Libraries.
<http://library.camden.rutgers.edu/EducationalModule/Plagiarism/whatisplagiarism.html>.
"Turnitin."
iParadigms. <http://www.turnitin.com/static/plagiarism.html>.
"Turnitin."
Wikipedia.
<http://en.wikipedia.org/wiki/Turnitin#Controversy_and_litigation>.
"McGill student wins fight over anti-cheating website."
CBC News. Jan. 16, 2004.
<http://www.cbc.ca/canada/story/2004/01/16/mcgill_turnitin030116.html>.
Glod, Maria.
"McLean
Students Sue Anti-Cheating Service: Plaintiffs Say Company's Database
of Term Papers, Essays Violates Copyright Laws." Washington Post.
Mar. 29, 2007.
<http://www.washingtonpost.com/wp-dyn/content/article/2007/03/28/AR2007032802038_pf.html>.
"Virginia
Students Sue Turnitin.com for Copyright Violation." Library
Journal. Apr. 11, 2007.
<http://www.libraryjournal.com/article/CA6432624.html%20>.
Oleck, Joan.
"Judge
Rules That Turnitin Does Not Violate Students' Copyrights." School
Library Journal. Mar. 31, 2008.
<http://www.schoollibraryjournal.com/article/CA6546427.html?nid=3247%20>.
The Markkula Center for Applied Ethics at Santa Clara
University.
<http://www.scu.edu/ethics/articles/articles.cfm?fam=INTER>.
* iParadigms, LLC is the company
responsible for Turnitin.
Omnibot 2000's photo was found on Flickr
<http://www.flickr.com/photos/lifeontheedge/351693015/%20>.
Omnibot 2000 enjoys Thai food, long walks
on the beach, ethics, and Olivia Newton John. He currently resides in
Canada.
For further reading on Cyber Ethics
please consider the website of The Markkula Center for Applied Ethics at Santa Clara
University. Many of the sources used in this presentation were
provided here.
Last Updated October 25, 2008, by Group
Awesomezors. This page by Jennifer Veile.