=============== ftp://ftp.eff.org/pub/CAF/faq/labeling ===============
q: Would encouraging the labeling of offensive material be a way
protect intellectual freedom?
a: No, such "voluntary" labeling schemes have not worked to protect
intellectual freedom; they inevitably have lead to censorship by
government coercion.
Consider, under such a scheme what are you going to do about me, a
HTML author who refuses to label his pages? Force me to label them?
Then your system would not be voluntary. Also, in the U.S., forced
labels are likely unconstitutional. Worldwide enforcement would be even
harder.
Instead of trying to make other people do the work of labeling and
then forcing them to carry labeling against their will, how about a
really voluntary system?
* you and like minded people could created a trademarked label
(like the Good Housekeeping Seal of Approval (TM)). Only
pages that met your standard would be allowed to have
the label. (Cryptography could be use instead of trademark
protection.
* you and like-minded people could also created index of good
and bad (according to your standards) material.
* people who cared and who liked your standards could get browser
software that look for your labels or index entries.
This alternative scheme would cost less (and the cost would be carried
by those who used the scheme), would be less work (and the work be
done by those who used the scheme), and would not require enforcement
by the governments of the world.
A related FAQ from the Voters Telecommunications Watch (VTW)
can be found at
Parental Control.
- Carl
ANNOTATED REFERENCES
(All these documents are available on-line. Access information follows.)
=================
library/labeling.ala
=================
* Labeling (ALA)
An interpretation by the American Library Association of the "Library
Bill of Rights"
It gives three reasons why labeling is bad. The first is that
"[l]abeling is an attempt to prejudice attitudes and as such, it is a
censor's tool."
=================
civil-liberty/pop-music.aclu
=================
* Popular Music Under Siege -- ACLU Briefing Paper #21
[To visit the ACLU gopher, try: "gopher aclu.org 6601"]
Answers these questions:
What's wrong with voluntary labeling? Isn't it, like movie rating, a
harmless way to give parents consumer information that can help them
make intelligent choices for their kids?
What about government labeling or classification of music lyrics?
What about laws that keep music with antisocial, misogynistic or violent
messages away from minors -- doesn't society have an obligation to protect
kids?
But what if someone listens to "Cop Killer" and then murders a police
officer? Don't lyrics that deal with sex, violence, drug use, suicide,
etc. cause anti-social behavior?
=================
civil-liberty/artistic-freedom.aclu
=================
* Artistic Freedom -- ACLU Briefing Paper #14
[To visit the ACLU gopher, try: "gopher aclu.org 6601"]
Answers these questions:
What protects the work of artists from government censorship?
When and how did the threat to artistic freedom emerge in this country?
How has the Supreme Court dealt with sexually explicit expression?
Why does the ACLU object to the obscenity exception to the First Amendment?
But don't obscene and pornographic works cause anti-social and even
violent behavior?
Even if the government can't suppress art, surely it shouldn't use
tax monies to fund art that offends!?
Why does the ACLU object to movie ratings, music labeling, or other
voluntary rating systems? Don't they give guidance to
consumers, especially parents?
But mustn't we protect our children from inappropriate messages and
images, especially graphic sex and violence?
Defending artists is fine, but why does the ACLU spend time and money
defending pornographers and sleaze merchants?
=================
library/freedom-to-read.ala
=================
* Freedom to Read Statement (ALA)
and Association of American Publishers.
It says in part: "We trust Americans to recognize propaganda, and to
reject it. We do not believe they need the help of censors to assist
them in this task. We do not believe they are prepared to sacrifice
their heritage of a free press in order to be "protected" against what
others think may be bad for them. We believe they still favor free
enterprise in ideas and expression."
=================
law/riley-v-nfb
=================
* Expression -- Labeling
A summary of _Riley v. National Federation of the Blind_ from an
_Wired_ 2.11 article about computer game labeling. In that case, the
Supreme Court said the government generally does not have authority to
compel speech. Specifically, it could not require charity solicitors
to detail how much money was going to professional fund raisers.
=================
law/moderator.rights
=================
* Expression -- Moderator Rights
A summary of the rights of an editor/moderator. Addresses the
question: "if a moderator is government-site-based, what is his or her
authority/right to exclude material?" (It also talks about a private
author/publisher's right to exclude material.)
=================
=================
If you have gopher, you can browse the CAF archive with the command
gopher gopher.eff.org
These document(s) are also available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org, and then:
cd /pub/CAF/library
get labeling.ala
cd /pub/CAF/civil-liberty
get pop-music.aclu
cd /pub/CAF/civil-liberty
get artistic-freedom.aclu
cd /pub/CAF/library
get freedom-to-read.ala
cd /pub/CAF/law
get riley-v-nfb
cd /pub/CAF/law
get moderator.rights
To get the file(s) by email, send email to ftpmail@decwrl.dec.com
Include the line(s):
connect ftp.eff.org
cd /pub/CAF/library
get labeling.ala
cd /pub/CAF/civil-liberty
get pop-music.aclu
cd /pub/CAF/civil-liberty
get artistic-freedom.aclu
cd /pub/CAF/library
get freedom-to-read.ala
cd /pub/CAF/law
get riley-v-nfb
cd /pub/CAF/law
get moderator.rights