Archive for the ‘first amendment’ tag
Questions Raised by Municipal Control of Wi-Fi
by: Jason Miller, Associate Editor, MTTLR
Politics
Libraries often face disputes over content. From banned books to border-line pornography to filtering the Internet, libraries are often subject to political decision making. Should your mayor to be in a position to filter Internet content? Angry parent groups could take their gripes to city council meetings, and private providers contracting for an exclusive deal may tailor their offerings to win support from activist groups.
Michigan’s Republican Senate Majority Leader blocked access among all senate employees to a liberal blogger’s website earlier this year, though he later relented.5 Is it safe to trust politicians with power when it comes to the Internet?
Hate groups
Internet providers often prohibit certain uses in their terms of service. When Earthlink decides it doesn’t want the KKK to use Earthlink’s servers for a website, there are no First Amendment implications. But what about Earthlink doing so as the exclusive provider, or almost exclusive provider, in a town? Or if a local government provides and markets the service itself? Will racist and other unpopular groups be able to bring First Amendment claims to post their views?
Police
The federal government and the PATRIOT ACT are responsible for many electronic privacy concerns. However, local government’s providing or contracting Wi-Fi services should also raise privacy concerns. If your email is housed on servers within a county building, what steps will the sheriff’s department have to go through to get it? Will providers operating under lucrative government contracts be too willing to turn over personal information?
1 Wireless Oakland Frequently Asked Questions, http://www.oakgov.com/wireless/faq/ (last visited Oct. 31, 2007).
2 Posting of Miguel Helft to Bits, http://bits.blogs.nytimes.com/2007/08/31/san-franciscos-wi-fi-fog/ (Aug. 31, 2007, 15:47EST).
3 Anthony Sciarra, Note, Municipal Broad Band: The Rush to Legislate, 17 Alb. L.J. Sci. & Tech. 233, 235 (2007).
4 Sharon E. Gillett, Municipal Wireless Broadband: Hype or Hope?, 79 S. Cal. L. Rev. 561 (2006).
5 ZDNet Government, http://government.zdnet.com/?p=3351 (Aug. 7, 2007, 16:18EST).