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Fall 2006 - Internet
XXVII, No. 3 - Page 22
Censoring MySpeech
Is the First Amendment lost in the MySpace debate?
© 2006 Student Press Law Center
By Whitney McFerron
With the explosion of media reports surrounding purported sexual predators
online, lawmakers are considering placing restrictions on minors’ access
to social networking Web sites like MySpace.com.
But some experts worry
that the free speech benefits of online social networking are getting lost in
the debate over Internet safety.
The reality of
danger
MySpace, which in July became the most-visited Web site in the
United States, is the virtual home to more than 90 million registered users
worldwide. Like any population, it has its share of problems – MySpace is
facing a $30 million lawsuit from one of its members, a 14-year-old girl who
claims that she was sexually assaulted by a 19-year-old man she met on the
site.
But despite the heavy media play surrounding this incident and a
handful of others, the number of minors who are targeted online by sexual
predators is a point of some dispute. The National Center for Missing and
Exploited Children reported that in 2000, one in five Internet users between the
ages of 10 and 17 had been “sexually solicited”
online.
However, a study specific to MySpace completed in June by a
professor at California State University at Dominguez Hills found that only
about 7 to 9 percent of MySpace users have received a sexual proposition on the
site. The study also reported that “nearly all of those simply blocked the
requester from contacting them through their MySpace page.”
Henry
Jenkins, director of Comparative Media Studies at the Massachusetts Institute of
Technology, said he thinks national media coverage of MySpace and other similar
sites has overplayed a few instances of child predation online, while other
benefits of the sites have been downplayed. This has left some parents and
school administrators with a bad taste for social networking sites, he
said.
“It’s very easy to turn adults against those
technologies that young people are most associated with, because all it takes is
one incident, or one scary thing – whether it’s a school shooting in
the case of video games, or child predation in the case of MySpace – and
then you suddenly have this thing that everyone grabs hold of and is absolutely
convinced defines the phenomenon as a whole,” Jenkins said.
Some
of this fear, he said, also can be chalked up to the generation
gap.
“I think if you look at the relationship of young people to
technology, what you see happening over and over again is that young people are
the early adopters of media technology,” Jenkins said.
“They’re looking for ways to communicate with their peers, ways to
communicate outside of adult control and supervision, and adults are often
spooked by this because this wasn’t part of the world of their own
childhoods.”
Deleting online predators
While it is
impossible to know exactly how many cases of child predation can be linked to
social networking Web sites, one U.S. Congressman has introduced legislation
that would bar minors from accessing MySpace and other similar sites at school
and in public libraries.
The Deleting Online Predators Act, introduced
by Rep. Michael Fitzpatrick, R-Penn., passed in the House in July and was
awaiting discussion in the Senate’s Commerce, Science and Transportation
Committee as of early August. The bill would amend the Children’s Internet
Protection Act – which already requires schools and public libraries to
block sexual content on the Internet from minors – by including social
networking Web sites and chat rooms specifically in the language of the law.
Fitzpatrick’s press secretary, Jeff Urbanchuk, cited media reports
of child predation as one reason for the congressman’s interest in
sponsoring the bill. Urbanchuk said DOPA is an attempt to keep laws up to date
with emerging technology.
“When I was growing up, [predators] used
to go into parks, and you were always told not to talk to strangers,” he
said. “Now, they’ve taken advantage of a new technology that would
to an extent preserve their anonymity and allow them to pose as a younger
person, and they’re taking advantage of that to really turn it into their
own virtual hunting ground.”
Urbanchuk said DOPA would still allow
students to access social networking Web sites, with parental consent, for
educational purposes.
“The question that it comes down to is the
government is funding access to the Internet, and the government has a
responsibility to make sure that children are safe,” he said.
But
Jenkins, of the MIT Comparative Media Studies program, said DOPA could
“politically disempower” students who want to use MySpace or other
similar networking sites for political or social discussion, especially if these
students do not have access to a computer at home.
“The effect is
that it leaves the kids that only have access to these sites through public
spaces further shut out of the defining experiences of their generation,”
he said.
Social activism
Kelli Herrick, a 17-year-old
recent graduate of Novi High School in Novi, Mich., has accounts on MySpace,
Facebook.com and LiveJournal.com, and she also uses the youth civic action Web
site Mobilize.org as an outlet for political opinions. She said she found out
about DOPA on Facebook, and she has written letters to her congressmen and the
president to protest the bill. She has also encouraged her friends online to do
the same. Herrick said she thinks the provisions DOPA calls for would
constitute censorship.
“Whether or not it’s vocal, or
you’re writing something online or writing something in an article,
it’s all the same, so if you’re choosing to share information
online, you shouldn’t be limited,” she said. “That’s
like saying you can express your opinion, as long as you’re not in a
government building. It’s like saying you can say things against the
government as long as you’re not near the government.”
David
Smith, executive director and founder of Mobilizing America’s Youth, the
Washington, D.C., based group that operates Mobilize.org, said that many
students just like Herrick are finding that social networking sites can be
“a great tool for social activism.”
He said this was
demonstrated particularly with the rallies that took place in the spring against
congressional anti-illegal immigration legislation. In March, thousands of high
school students across the country, including an estimated 40,000 in Southern
California, walked out of school in protests, many of which were organized in
part on MySpace.
“There was so much conversation, at least within
the Beltway, saying ‘Where did this come from? This issue, we didn’t
realize it was so hot out there, so how could you mobilize tens of thousands of
young people?’” Smith said. “It seemed like it came out of
nowhere, when if these people were actually on these various sites and had been
able to be privy to these different conversations, they would have realized that
these conversations had been happening for a long time, and because of the way
social networking sites are designed, it’s easy to activate people and get
them to do stuff offline as well.”
And although Mobilizing
America’s Youth was not directly involved with the immigration protests,
Smith said the organization uses MySpace and several other social networking
sites to inform students about political issues and motivate them to get
involved in the group’s campaigns. One of these causes is the Save Our
Social Networks campaign against DOPA.
“There are very few members
of Congress that have a MySpace account, I don’t think any of them have
Facebook accounts,” Smith said. “So they have no personal connection
to these networks that millions upon millions use. They have no concept of how
these sites are used positively.”
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