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Censorship V3.1

18 IEEE Internet Computing 26 (May/June 2013)

Arizona Legal Studies Discussion Paper No. 12-28

20 Pages Posted: 10 Sep 2012 Last revised: 20 Jun 2013

Derek E. Bambauer

University of Arizona - James E. Rogers College of Law

Date Written: September 9, 2012

Abstract

Internet censorship has evolved. In Version 1.0, censorship was impossible; in Version 2.0, it was a characteristic of repressive regimes; and in Version 3.0, it spread to democracies who desired to use technology to restrain unwanted information. Its latest iteration, Version 3.1, involves near-ubiquitous censorship by democratic and authoritarian countries alike. This Article argues that the new censorship model involves four changes: a shift in implementation to private parties; a hybrid approach mixing promotion of favored viewpoints with suppression of disfavored ones; a blend of formal mandates with informal pressures; and a framing of censorship using uncontroversial labels. It suggests a set of responses to censorship that cabin its abuses and push it towards more legitimate methods: focusing on governmental restrictions, insisting on labeling censorship as such, supporting distributed Internet governance, demanding a default right of access to information, and addressing corporate involvement.

Keywords: Internet, censorship, cyberlaw, filtering, copyright, First Amendment, freedom of speech, intellectual property, IP, domain name, DNS, SOPA, PROTECT IP, governance, WCIT, WSIS, ISP, China, Australia, DMCA, Google, ICANN

Suggested Citation

Bambauer, Derek E., Censorship V3.1 (September 9, 2012). 18 IEEE Internet Computing 26 (May/June 2013); Arizona Legal Studies Discussion Paper No. 12-28. Available at SSRN: https://ssrn.com/abstract=2144004 or http://dx.doi.org/10.2139/ssrn.2144004

Derek Bambauer (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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