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David Burnham, The Risk of the Computer State: The Threat to Our Freedoms, Our Ethics and Our Democratic Process.
Caroline Kennedy, In Our Defense.
In past years, government could have used computers to threaten our privacy. Several branches of the government have wanted to create large data banks, but their requests have been denied. Why? One answer is certain officials and citizens have chosen not to allow computers to be used to deny our rights. For example, Senator Sam Ervin led congressional investigations on the impact of computers on our individual rights. Congress, the President, and the Supreme Court have all influenced each other in decisions about computers.
During the Nixon administration, the FBI wanted to create one computer system for all of the nation's law enforcement agencies. They wanted to manage the police computer network run by the states. The plan failed mostly because of the efforts of Bill McMahon, a former state trooper and a CIA agent, who worked for the White House Office of Telecommunications Policy. Mr. McMahon protested the FBI's plans. They believed that the plan would weaken the power and independence of the local and state police forces. They believed that the FBI could perhaps create a national police force.
In another case, the Internal Revenue Service wanted to create a massive computer system and use it to collect taxes. Mrs. Marcia MacNaughton directed a study of the social effects of a massive computer system. Largely as a result of the study, the Carter administration ruled that the potential harm of expanding the computer power of the IRS outweighed the advantages.
In 1996, the U.S. Congress signed into law the Telecommunications Act. The act has widespread implications regarding the deregulation of telephone lines and cable services. The implication of these measures might provide the means for universal information exchange across the globe. By using fiber optics, many computer experts are seeing the possibility of video telephones becoming widespread due to the deregulation. More cable stations will become accessible with the use of fiber optics. Those who support the bill say it will lower the cost of telephone and cable services to customers because of the increased competition. The legislation also include making the v-chip required in all new TV sets. The act Congress passed outlaws all pornography on the Internet. Child safety was the main reason why the restrictions were implemented. The act makes it a crime to transmit pornography that could be viewed by minors. The penalty includes as much as $250,000 in fines and up to two years of prison time. If parents would act responsibly, the government would not have to step in and infringe on the rights of U.S. citizens. The underlying question to consider is if the government decides to regulate pornography on the Internet, what keeps it from going farther with its restrictions.
Schools have joined the Information Highway in a quest to educate children. These schools use a program that prevents the pupils from accessing potentially pornographic sites. Homes could use this software to protect their children.
The issue goes beyond child safety; it is about freedom of speech. Pro-lifers say the Telecommunications Act of 1996 contained language that would outlaw the use of the word "abortion" on the Internet, e-mail and bulletin board information systems. Assurances have been made that such language is vague at best and would not be enforced. Unfortunately, this type of legislation shuts the door on freedom of speech, which is guaranteed by the first amendment to the U.S. Constitution. The American Civil Liberties Union has filed suit against the federal government because it believes the law is unconstitutional. That complicates the issues even more is the Internet is not restricted to just American web pages. If the U.S. starts regulating the net, what will prevent all the other countries with World Wide Web access from doing so.
Other legislation enacted to control the use of computer generated information includes:
Freedom of Information Act of 1970
Allows individuals to gain access to data about themselves kept in files collected by federal agencies.
Privacy Act of 1974
Determines what information is being kept about an individual and how it is used. The act provides individuals with a way to correct incorrect information. Information collected for one purpose cannot be used for another purpose without consent of the individual. Organizations must take steps to prevent the misuse of information they collected on individuals.
Family Education rights and Privacy Act of 1974
Regulates access to computer-sorted records of grades and behavior evaluations. Federal funds will not be available to schools that deny to parents and students access of relevant educational records.
Right to Financial Privacy Act of 1978
Limits government access to customer records of financial institutions.
Comprehensive Crime Control Act of 1984
Prohibits individuals who do not have authorization from knowingly entering a government computer.
Electronic Communication Privacy Act of 1986
Prohibits interception of data communications such as electronic mail.
Created
on March 5th, 2001.
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