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Internet censorship in the United States


Internet censorship in the United States

Internet censorship in the United States is the suppression of information published or viewed on the Internet in the United States. The protection of freedom of speech and expression against federal, state, and local government censorship are rooted in the First Amendment of the United States Constitution. These protections extend to the Internet and as a result very little government mandated technical filtering occurs in the U.S.A.

However, in 2014, the United States was added to Reporters Without Borders's (RWB's) list of "Enemies of the Internet", a category of countries with the highest level of Internet censorship and surveillance. RWB stated that the U.S. "… has undermined confidence in the Internet and its own standards of security" and that "U.S. surveillance practices and decryption activities are a direct threat to investigative journalists, especially those who work with sensitive sources for whom confidentiality is paramount and who are already under pressure."[1]


  • Overview 1
  • Federal laws 2
    • Communications Decency Act (CDA) 2.1
    • Child Online Protection Act (COPA) 2.2
    • Digital Millennium Copyright Act (DMCA) 2.3
    • Children's Online Privacy Protection Act (COPPA) 2.4
    • Children's Internet Protection Act (CIPA) 2.5
    • Trading with the Enemy Act 2.6
  • Proposed federal legislation that has not become law 3
    • Deleting Online Predators Act (DOPA) 3.1
    • Protecting Cyberspace as a National Asset Act 3.2
    • Combating Online Infringement and Counterfeits Act (COICA) 3.3
    • Stop Online Piracy Act (SOPA) 3.4
    • Protect Intellectual Property Act (PIPA) 3.5
    • Cyber Intelligence Sharing and Protection Act (CISPA) 3.6
    • USITC Site Blocking 3.7
  • State laws 4
  • Censorship by institutions 5
    • Schools and libraries 5.1
    • Telecommunications and Internet service companies 5.2
    • Military 5.3
    • WikiLeaks 5.4
    • Individual websites 5.5
    • By corporations abroad 5.6
    • Trade secrets and copyright 5.7
    • Bay Area Rapid Transit (BART) cell phone service suspension 5.8
  • See also 6
  • References 7
  • External links 8


The strong protections for freedom of speech and expression against federal, state, and local government censorship are rooted in the First Amendment of the United States Constitution. These protections extend to the Internet and as a result very little government mandated technical filtering occurs in the U.S. Nevertheless, the Internet in the United States is highly regulated, supported by a complex set of legally binding and privately mediated mechanisms.[2]

After a decade and half of ongoing contentious debate over content regulation, the country is still very far from reaching political consensus on the acceptable limits of free speech and the best means of protecting minors and policing illegal activity on the Internet. Gambling, cyber security, and dangers to children who frequent social networking sites are important ongoing debates. Significant public resistance to proposed content restriction policies have prevented the more extreme measures used in some other countries from taking hold in the U.S.[2]

Public dialogue, legislative debate, and judicial review have produced filtering strategies in the United States that are different from those found in most of the rest of the world. Many government-mandated attempts to regulate content have been barred on First Amendment grounds, often after lengthy legal battles.[3] However, the government has been able to exert pressure indirectly where it cannot directly censor. With the exception of child pornography, content restrictions tend to rely more on the removal of content than blocking; most often these controls rely upon the involvement of private parties, backed by state encouragement or the threat of legal action.[4] In contrast to much of the rest of the world, where ISPs are subject to state mandates, most content regulation in the United States occurs at the private or voluntary level.[2]

The first wave of regulatory actions in the 1990s in the United States came about in response to the profusion of sexually explicit material on the Internet within easy reach of minors. Since that time, several legislative attempts at creating a mandatory system of content controls in the United States have failed to produce a comprehensive solution for those pushing for tighter controls. At the same time, the legislative attempts to control the distribution of socially objectionable material on the Internet in the United States have given rise to a robust system that limits liability over content for Internet intermediaries such as Internet service providers (ISPs) and content hosting companies.[2]

Proponents of protecting intellectual property online in the United States have been much more successful, producing a system to remove infringing materials that many feel errs on the side of inhibiting legally protected speech.[2][5] The US practices forceful seizures of domains and computers, at times without notification, causing the websites to be unable to continue operating. Some high-profile cases are Napster, Wikileaks, PirateBay, and MegaUpload.

National security concerns have spurred efforts to expand surveillance of digital communications and fueled proposals for making Internet communication more traceable.[2]

Federal laws

With a few exceptions, the free speech provisions of the First Amendment bar federal, state, and local governments from directly censoring the Internet. The primary exception has to do with obscenity, including child pornography, which does not enjoy First Amendment protection.[6]

Communications Decency Act (CDA)

In 1996, the United States enacted the Communications Decency Act (CDA), which attempted to regulate both indecency (when available to children) and obscenity in cyberspace.[7] In 1997, in the case of Reno v. ACLU, the United States Supreme Court found the anti-indecency provisions of the Act unconstitutional.[8] Writing for the Court, Justice John Paul Stevens held that "the CDA places an unacceptably heavy burden on protected speech".[9]

Section 230[10] is a separate portion of the CDA that remains in effect. Section 230 says that operators of Internet services are not legally liable for the words of third parties who use their services and also protects ISPs from liability for good faith voluntary actions taken to restrict access to certain offensive materials[11] or giving others the technical means to restrict access to that material.

Child Online Protection Act (COPA)

In 1998, the United States enacted the Child Online Protection Act[12] (COPA) to restrict access by minors to any material defined as harmful to such minors on the Internet. The law was found to be unconstitutional because it would hinder protected speech among adults. It never took effect, as three separate rounds of litigation led to a permanent injunction against the law in 2009.[13][14][15]

Digital Millennium Copyright Act (DMCA)

Signed into law in 1998, the [5] and makes it easier to act against alleged copyright infringement on the Internet.[16] The Online Copyright Infringement Liability Limitation Act (OCILLA) is included as Title II of the DMCA[17] and limits the liability of the on-line service providers for copyright infringement by their users.[18]

Children's Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act (COPPA) went into effect on 21 April 2000.[19] It applies to the online collection of personal information by persons or entities under U.S. jurisdiction from children under 13 years of age and details what a website operator must include in a privacy policy, when and how to seek verifiable consent from a parent or guardian, and what responsibilities an operator has to protect children's privacy and safety online including restrictions on the marketing to those under 13.[20] While children under 13 can legally give out personal information with their parents' permission, many websites disallow underage children from using their services altogether due to the amount of paperwork and cash involved for the compliance. Similarly, public perception claims that the law was intended to protect children from pedophiles than unintended marketing practices.

Children's Internet Protection Act (CIPA)

On December 21, 2000 the Children's Internet Protection Act (CIPA)[21] was signed into law.

CIPA requires K-12 schools and libraries receiving federal Universal Service Fund (E-rate) discounts or LSTA grants for Internet access or internal connections to:[22]

  • adopt and implement an Internet safety policy addressing: (a) access by minors to inappropriate matter on the Internet; (b) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; (c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; (d) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (e) measures restricting minors’ access to materials harmful to them;
  • install internet filters or blocking software that prevents access to pictures that are: (a) obscene, (b) child pornography, or (c) harmful to minors (for computers that are accessed by minors);
  • to allow the filtering or blocking to be disabled upon the request of an adult; and
  • adopt and enforce a policy to monitor the online activities of minors.

CIPA does not:[22]

  • require the tracking of Internet use by minors or adults; or
  • affect E-rate funding for schools and libraries receiving discounts for telecommunications services, such as telephone service, but not for Internet access or internal connections.

Trading with the Enemy Act

In March 2008, the New York Times reported that a blacklist published by the Office of Foreign Assets Control (OFAC), an agency established under the Trading with the Enemy Act 1917 and other federal legislation, included a number of websites, so that U.S. companies are prohibited from doing business with those websites and must freeze their assets. The blacklist has the effect that domain name registrars based in the U.S. must block those websites. According to the New York Times, eNom, a private domain name registrar and Web hosting company operating in the U.S., disables domain names which appear on the blacklist.[23] It describes eNom’s disabling of a European travel agent’s Web sites advertising travel to Cuba, which appeared on the list[24] published by OFAC. According to the report, the U.S. government claimed that eNom was "legally required" to block the websites under U.S. law, even though the websites were not hosted in the U.S., were not targeted at U.S. persons and were legal under foreign law.

Proposed federal legislation that has not become law

Deleting Online Predators Act (DOPA)

The Deleting Online Predators Act of 2006 was introduced, but did not become law.[25] Two similar bills were introduced in 2007, but neither became law.[26][27]

The proposed legislation would have required schools, some businesses, and libraries to block minors' access to social networking websites. The bill was controversial because, according to its critics, it would limit access to a wide range of websites, including many with harmless and educational material.

Protecting Cyberspace as a National Asset Act

The Protecting Cyberspace as a National Asset Act was introduced in 2010, but did not become law.[28]

The proposed Act caused controversy for what critics perceived as its authorization for the U.S. President to apply a full block of the Internet in the U.S.[29]

A new bill, the Executive Cyberspace Coordination Act of 2011, was under consideration by the U.S. Congress in 2011.[30] The new bill addresses many of the same issues as, but takes quite a different approach from the Protecting Cyberspace as a National Asset Act.

Combating Online Infringement and Counterfeits Act (COICA)

The Combating Online Infringement and Counterfeits Act was introduced in September 2010, but did not become law.[31]

The proposed Act would have allowed the U.S. Attorney General to bring an in rem action against an infringing domain name in United States District Court, and seek an order requesting injunctive relief. If granted, such an order would compel the registrar of the domain name in question to suspend operation of, and may lock, the domain name.[31]

The U.S. Justice Department would maintain two publicly available lists of domain names.[31] The first list would contain domain names against which the Attorney General has obtained injunctions. The second list would contain domains alleged by the Justice Department to be infringing, but against which no action had been taken. Any service provider who willingly took steps to block access to sites on this second list would immune from prosecution under the bill.

Stop Online Piracy Act (SOPA)

The Stop Online Piracy Act (SOPA), also known as H.R. 3261, is a bill that was introduced in the United States House of Representatives on October 26, 2011, by Representative Lamar Smith (R-TX) and a bipartisan group of 12 initial co-sponsors. The originally proposed bill would allow the U.S. Department of Justice, as well as copyright holders, to seek court orders against websites accused of enabling or facilitating copyright infringement. Depending on who requests the court orders, the actions could include barring online advertising networks and payment facilitators such as PayPal from doing business with the allegedly infringing website, barring search engines from linking to such sites, and requiring Internet service providers to block access to such sites. Many have argued that since ISP's would be required to block access to certain websites that this is censorship. On 18 January 2012, the English WorldHeritage shut down for 24 hours beginning at 5:00 UTC (12:00 EST) to protest SOPA and PIPA. In the wake of this and many other online protests, Rep. Lamar Smith has stated, "The House Judiciary Committee will postpone consideration of the legislation until there is wider agreement on a solution".[32]

Senator Ron Wyden, Democrat of Oregon and a key opponent of the bills, said lawmakers had collected more than 14 million names — more than 10 million of them voters — who contacted them to protest the once-obscure legislation.[32]

Protect Intellectual Property Act (PIPA)

The Protect Intellectual Property Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PIPA) is a

  • Global Integrity: Internet Censorship, A Comparative Study; puts U.S. online censorship in cross-country context.

External links

  1. ^ "Internet Enemies", Enemies of the Internet 2014: Entities at the heart of censorship and surveillance, Reporters Without Borders (Paris), 11 March 2014. Retrieved 24 June 2014.
  2. ^ a b c d e f g "ONI Regional Overview: North America", OpenNet Initiative, 30 March 2010
  3. ^ a b "Cybersieves", Derek E. Bambauer, Duke Law Journal, vol. 59 (2009)
  4. ^ a b "The Move to the Middle: The Enduring Threat of 'Harmful' Speech to the End-to-End Principle", John Palfrey, Jr. and Robert Rogoyski, Washington University Journal of Law and Policy, vol. 21 (2006), pp.31–65
  5. ^ a b "Unintended Consequences: Twelve Years under the DMCA", Electronic Frontier Foundation, March 2010
  6. ^ "The Internet Censorship Controversy", Usman Qazi, Professionalism in Computing (Computer Science 3604), Virginia Polytechnic Institute and State University, spring 1996
  7. ^ "Communications Decency Act of 1996", a United States federal law, Title V of the Telecommunications Act of 1996, Pub.L. 104–104, 110 Stat. 133-139, enacted February 8, 1996
  8. ^ "CDA", Center for Democracy and Technology
  9. ^ "No.96-511, JANET RENO, ATTORNEY GENERAL OF THE UNITED STATES, et al., APPELLANTS v. AMERICAN CIVIL LIBERTIES UNION et al.", 26 June 1997, Supreme Court Decision Index, Citizens Internet Empowerment Coalition
  10. ^ § 230. Protection for private blocking and screening of offensive material, Title 47, Chapter 5, Subchapter II, Part I of the U.S. Code, Legal Information Institute, Cornell University Law School
  11. ^ material that is considered "... to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected", from § 230(c)(2)(A) "Protection for “Good Samaritan” blocking and screening of offensive material", Title 47, Chapter 5, Subchapter II, Part I of the U.S. Code"
  12. ^ "47 U.S.C. 231". Retrieved July 11, 2006. 
  13. ^ "Judge Strikes '98 Law Aimed At Online Porn". Associated Press. Retrieved March 22, 2007. 
  14. ^ Lamut, Anna (3 August 2008). "ACLU v. Mukasey; Third Circuit Holds Child Online Protection Act Unconstitutional". Jolt Digest (Harvard Journal of Law & Technology). Retrieved 24 January 2009. 
  15. ^ Nichols, Scott (22 January 2009). "COPA Child-Porn Law Killed". PC World. Retrieved 24 January 2009. 
  16. ^ The Digital Mellennium Copyright Act of 1998, U.S. Copyright Office Summary, December 1998
  17. ^ Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512
  18. ^ "DMCA", Electronic Frontier Foundation
  19. ^ "Children's Online Privacy Protection Act of 1998", a United States federal law, located at 15 U.S.C. §§ 6501–6506 (Pub.L. 105–277, 112 Stat. 2581-728, enacted October 21, 1998)
  20. ^ "Frequently Asked Questions about the Children's Online Privacy Protection Rule", U.S. Federal Trade Commission, 7 October 2008
  21. ^ "Children's Internet Protection Act (CIPA)", and -
  22. ^ a b c "Children's Internet Protection Act", Consumer Publications, Federal Communications Commission, updated/reviewed 22 April 2011
  23. ^ a b Adam Liptak (4 March 2008). "A Wave of the Watch List, and Speech Disappears". The New York Times. 
  24. ^ a b "Alphabetical Listing of Specially Designated Nationals and Blocked Persons".  
  25. ^ H.R. 5319: Deleting Online Predators Act of 2006,, 9 May 2006
  26. ^ H.R.1120: Deleting Online Predators Act of 2007,, 16 February 2007
  27. ^ S.1965: Protecting Children in the 21st Century Act,, 2 August 2007
  28. ^ H.R.5548: Protecting Cyberspace as a National Asset Act of 2010,, 16 June 2010
  29. ^ "Myth vs. Reality: The Facts About S. 3480, “Protecting Cyberspace as a National Asset Act of 2010”, a fact sheet issued by Senators Joseph I. Lieberman, Chairman, and Susan M. Collins, Ranking Member, United States Senate Committee on Homeland Security and Governmental Affairs, 23 June 2010, PDF, Retrieved 9 February 2011.
  30. ^ H.R.1136: Executive Cyberspace Coordination Act of 2011,, 16 March 2011]
  31. ^ a b c "S.3804: Combating Online Infringement and Counterfeits Act - 20 September 2010". September 20, 2010. Retrieved October 16, 2010. 
  32. ^ a b c Weisman, Jonathan (January 20, 2012). "After an Online Firestorm, Congress Shelves Antipiracy Bills".  
  33. ^ "Senate bill amounts to death penalty for Web sites". CNet. May 12, 2011. Retrieved Nov 7, 2011. 
  34. ^ "S. 968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011".  
  35. ^ "Americans face piracy website blocking". BBC. May 13, 2011. Retrieved May 24, 2011. 
  36. ^ Stephanie Condon (20 January 2012), "PIPA, SOPA put on hold in wake of protests" CBS News
  37. ^ "HR 3523 as reported to the House Rules Committee" (PDF). 
  38. ^ "CISPA Cybersecurity Bill, Reborn: 6 Key Facts", Mathew J. Schwartz, Information Week, 14 February 2013
  39. ^ "H.R. 3523 - Letters of Support". House Permanent Select Committee on Intelligence. Retrieved April 26, 2012. 
  40. ^ companies-that-could-help-uncle-sam-snag-your-data/ "CISPA supporters list: 800+ companies that could help Uncle Sam snag your data" . Digital Trends. Retrieved 12 April 2012. 
  41. ^ "Draconian cyber security bill could lead to Internet surveillance and censorship". RWB. Retrieved 15 April 2012. 
  42. ^ Brendan Sasso (23 April 2012). "Google acknowledges lobbying on cybersecurity bill CISPA". Hillicon Valley. Retrieved 9 May 2012. 
  43. ^ Brandom, Russell (2 January 2015). "The MPAA has a new plan to stop copyright violations at the border". Retrieved 4 January 2015. 
  44. ^ a b c d "Children and the Internet: Laws Relating to Filtering, Blocking and Usage Policies in Schools and Libraries", National Conference of State Legislatures, 12 September 2013. Retrieved 9 November 2013.
  45. ^ Section 162.069 of SB 54, signed by the governor 14 July 2011, effective date 28 August 2011
  46. ^ "Order Entering Preliminary Injunction in Missouri State Teachers Association, et al. v. State of Missouri, et al.", Jon E. Beeterm, Circuit Judge, Case No.: 11AC-CC00553, Circuit Court of Cole County, Missouri, 26 August 2011
  47. ^ "Can Teachers and Their Students Be Banned from Becoming Facebook Friends?", Anita Ramasastry, Professor of Law, University of Washington School of Law in Seattle, in Justia, 13 September 2011
  48. ^ "Mo. lawmakers vote to repeal teacher-Facebook law", David A. Lieb, Associated Press in, 23 September 2011
  49. ^ "Internet filtering as a form of soft censorship ", Mitch Wagner, Computerworld Tool Talk blog, 19 March 2010
  50. ^ "How Internet censorship harms schools", Mitch Wagner, Computerworld Tool Talk blog, 26 March 2010
  51. ^ "Internet Censorship: Issues for Teacher-Librarians", Alvin Schrader, Teacher Librarian: The journal for school library professionals, May/June 1999
  52. ^ "Study Released on Internet Blocking in Schools", press release, Online Policy Group and Electronic Frontier Foundation, 23 June 2003
  53. ^ "Internet Use in Libraries", Fact Sheet Number 26, American Library Association, July 2010
  54. ^ "Library Bill of Rights", American Library Association Council, adopted 19 June 1993, as amended and last reaffirmed 23 January 1996
  55. ^ "Resolution on the Use of Filtering Software in Libraries", American Library Association, 2 July 1997
  56. ^ Verizon Blocks Messages of Abortion Rights Group, Adam Liptak, New York Times, 27 September 2007
  57. ^ General B.B. Bell, Commander, UNC/CFC/USFK (18 May 2007). "Restricted Access to Internet Entertainment Sites Across DoD Networks". U.S. Army Korea. 
  58. ^ "Department of Defense Personnel Access to the Internet", Report to Congress, September 2007
  59. ^ Anderson, Jon R. (December 8, 2009). "Facebook face-off".  
  60. ^ "Restricted Web access to the Guardian is Armywide, say officials", Philipp Molnar, Monterey Herald, June 27, 2013. Retrieved 15 October 2014.
  61. ^ "Zensur: US-Armee sperrt Zugang zu "Guardian"-Artikeln", Jörg Breithut, Spiegel Online, June 28, 2013. Retrieved 15 October, 2014.
  62. ^ Ackerman, Spencer (July 1, 2013). "US military blocks entire Guardian website for troops stationed abroad". The Guardian. 
  63. ^ "Bank Julius Baer & Co v. Wikileaks". Electronic Frontier Foundation. Retrieved 2008-03-10. 
  64. ^ "U.S. agencies warn unauthorized employees not to look at WikiLeaks", David de Sola, CNN, 4 December 2010
  65. ^ "Air Force cutting off access to WikiLeaks news". CNN. 14 December 2010. Retrieved 14 December 2010. 
  66. ^ "WikiLeaks website pulled by Amazon after US political pressure", Ewen MacAskill, The Guardian, 2 December 2010
  67. ^ "Amazon Severs Ties with Wikileaks", Joe Lieberman's U.S. Senate web site, 1 December 2010
  68. ^ "How Lieberman Got Amazon To Drop WikiLeaks", Talking Points Memo, 1 December 2010
  69. ^ "Air Force Blocks Sites That Posted Secret Cables", Eric Schmitt, New York Times, December 14, 2010. Retrieved 26 October 2013.
  70. ^ "WikiLeaks suspends publishing to fight financial blockade", Esther Addley and Jason Deans, The Guardian, 24 October 2011
  71. ^ McElwee, Sean (July 12, 2013). "The Case for Censoring Hate Speech". AlterNet. Retrieved December 14, 2014. 
  72. ^ Lukianoff, Greg (April 7, 2013). "Twitter, hate speech, and the costs of keeping quiet". CNet. Retrieved December 14, 2014. 
  73. ^ "Threats to the Open Net: September 24, 2011", Qichen Zhang, OpenNet Initiative, 25 September 2011
  74. ^ "Report: For Religion, They're Anti-Social Networks", Matt Philbin, Culture and Media Institute, 19 September 2011
  75. ^ "Policing Content in the Quasi-Public Sphere", Jillian C. York, Robert Faris, and Ron Deibert, OpenNet Initiative, 19 September 2010
  76. ^ "Geolocation filtering", OpenNet Initiative Bulletin 007, 27 October 2004
  77. ^ "U.S. Firm Acknowledges Syria Uses Its Gear to Block Web", Jennifer Valentino-Devries, Paul Sonne, and Nour Malas, Wall Street Journal, 29 October 2011
  78. ^ Eli Lilly Zyprexa Litigation, Electronic Frontier Foundation
  79. ^ "Eli Lilly Loses Effort to Censor Zyprexa Documents Off the Internet", press release, Electronic Frontier Foundation, 13 February 2007
  80. ^ Somini Sengupta (12 July 2012). "U. S. Pursuing a Middleman in Web Piracy". The New York Times. Retrieved 13 July 2012. 
  81. ^ "Manhattan Federal Court Orders Seizures of Seven Websites for Criminal Copyright Infringement in Connection with Distribution of Pirated Movies Over the Internet" (PDF). Press Release United States Attorney Southern District of New York. U.S. Justice Department. 10 June 2010. Retrieved 10 July 2011. 
  82. ^ Barakat, Matthew; Perry, Nick (20 January 2012). "US Internet piracy case brings New Zealand arrests".  
  83. ^ "US formally requests Dotcom's extradition". 3 News NZ. 5 March 2012. 
  84. ^ Upton, John (July 25, 2011). "BART Police Release Video of Shooting - Pulse of the Bay". The Bay Citizen. Retrieved August 21, 2011. 
  85. ^ "To Prevent Protests, San Francisco Subway Turns Off Cell Signals, August 13, 2011". PC Mag. Retrieved August 18, 2011. 
  86. ^ S.F. subway muzzles cell service during protest
  87. ^ Questions, Complaints Arise Over BART Cutting Cell Phone Service KTVU.
  88. ^ Leland Yee scolds BART over cell phone blackout KGO-TV.
  89. ^ "In the Matter of the Petition of Public Knowledge et al. for Declaratory Ruling that Disconnection of Telecommunications Services Violates the Communications Act", Harold Feld, Legal Director, and Sherwin Siy, Deputy Legal Director, of Public Knowledge before the Federal Communications Commission, 29 August 2011
  90. ^ "Phone, Web Clampdowns in Crises Are Intolerable", Susan Crawford, Bloomberg News, 25 September 2011
  91. ^ "Cell Service Interruption Policy", Bay Area Rapid Transit District, December 2011, accessed 30 March 2012
  92. ^ a b "F.C.C. Asks for Guidance on Whether, and When, to Cut Off Cellphone Service", Edward Wyatt, New York Times, 2 March 2012
  93. ^ "Commission Seeks Comment on Certain Wireless Service Interruptions", Public Notice DA 12-311, GN Docket No. 12-52, Federal Communications Commission, March 1, 2012.
  94. ^ "Search for Filings in Proceeding Number 12-52", Electronic Comment Filing System, Federal Communications Commission. Retrieved 19 July 2013.
  95. ^ "FCC Warned About Cellphone Interruption Guidance", John Eggerton, Broadcasting & Cable, May 30, 2012.
  96. ^ "BART defends mobile service shutdown to the FCC", Grant Gross, IDG News Service in Computerworld, May 1, 2012.
  97. ^ "Proceeding 12-52 Details", Electronic Comment Filing System, Federal Communications Commission. Retrieved 19 July 2013.
  98. ^ Creative Commons Attribution 3.0 Unported license, see the lower right corner of pages at the OpenNet Initiative web site

This article incorporates licensed material from the Regional Overviews and other sections of the OpenNet Initiative web site.[98]


See also

In March 2012 the FCC requested public comment on the question of whether or when the police and other government officials can intentionally interrupt cellphone and Internet service to protect public safety.[92][93] In response, through the end of May 2012, the FCC received 137 comments and 9 reply comments.[94][95][96] As of July 2013 the proceeding remained open, but the FCC had taken no further action.[97]

In December 2011 BART adopted a new "Cell Service Interruption Policy" that only allows shutdowns of cell phone services within BART facilities "in the most extraordinary circumstances that threaten the safety of District passengers, employees and other members of public, the destruction of District property, or the substantial disruption of public transit service."[91] According to a spokesperson for BART, under the new policy the wireless phone system would not be turned off under circumstances similar to those in August 2011. Instead police officers would arrest individuals who break the law.[92]

On August 29, 2011, a coalition of nine public interest groups led by Public Knowledge filed an Emergency Petition asking the U.S. Federal Communications Commission (FCC) to declare "that the actions taken by the Bay Area Rapid Transit District (“BART”) on August 11, 2011 violated the Communications Act of 1934, as amended, when it deliberately interfered with access to Commercial Mobile Radio Service (“CMRS”) by the public" and "that local law enforcement has no authority to suspend or deny CMRS, or to order CMRS providers to suspend or deny service, absent a properly obtained order from the Commission, a state commission of appropriate jurisdiction, or a court of law with appropriate jurisdiction".[89][90]

On July 3, 2011, two officers of the Bay Area Rapid Transit (BART) Police shot and killed Charles Hill at Civic Center Station in San Francisco.[84] On August 12, 2011, BART shut down cell phone services, including mobile Internet access, for three hours in an effort to limit possible protests against the shooting[85][86] and to keep communications away from protesters at the Civic Center station in San Francisco.[87] The shutdown caught the attention of international media, as well as drawing comparisons to the former Egyptian president Hosni Mubarak in several articles and comments.[88]

Bay Area Rapid Transit (BART) cell phone service suspension

In May 2011 and January 2012 the US seized the domains of the non-US websites of the non-US citizens Richard O'Dwyer and Kim Dotcom, and sought to extradite them to the US, accusing them of copyright infringement.[80][81][82][83]

A January 4, 2007 restraining order issued by U.S. District Court Judge Jack B. Weinstein forbade a large number of activists in the psychiatric survivors movement from posting links on their websites to ostensibly leaked documents which purportedly show that Eli Lilly and Company intentionally withheld information as to the lethal side-effects of Zyprexa. The Electronic Frontier Foundation appealed this as prior restraint on the right to link to and post documents, saying that citizen-journalists should have the same First Amendment rights as major media outlets.[78] It was later held that the judgment was unenforcable, though First Amendment claims were rejected.[79]

Trade secrets and copyright

In October 2011 US-based Blue Coat Systems of Sunnyvale, California acknowledged that Syria is using its devices to censor Web activity, a possible violation of US trade embargoes.[77]

Several U.S. corporations including Google, Yahoo!, Microsoft, and MySpace practice greater levels of self-censorship in some international versions of their online services.[75][76] This is most notably the case in these corporations' dealings in China.

See also: Cisco censorship in China, Google censorship, Microsoft censorship in China, MySpace in China, Skype in China, and Yahoo! censorship in China

By corporations abroad

The American Center for Law and Justice, a conservative Christian, pro-life group, conducted a study that concluded that some social media sites are "actively censoring" religious content that expresses Christian perspectives, because they forbid "hate speech" in the form of anti-homosexual viewpoints.[73][74]

Restriction of hate speech and harassment on social media is the subject of debate in the US. For example, two perspectives include that online hate speech should be removed because it causes serious intimidation and harm,[71] and that it shouldn't be removed because it's "better to know that there are bigots among us" than to have an inaccurate picture of the world.[72]

Some websites that allow user-contributed content practice self-censorship by adopting policies on how the web site may be used and by banning or requiring pre-approval of editorial contributions from users that do not follow the policies for the site. For example, social media websites may restrict hate speech to a larger degree than is required by US law (see also hate speech on Facebook), and may restrict harassment and verbal abuse.

Individual websites

WikiLeaks faces a global financial blockade by major finance companies including Moneybookers, Mastercard, Visa, and PayPal. In October 2011 Julian Assange said the blockade had destroyed 95% of WikiLeaks' revenues and announced that it was suspending publishing operations in order to focus on fighting the blockade and raising new funds.[70]

The New York Times reported on 14 December[69] that the U.S. Air Force bars its personnel from access to news sites (such as those of The New York Times and The Guardian, Le Monde, El País, and Der Spiegel) that publish leaked cables.

Constitutional lawyers say that this is not a first amendment issue because Amazon, as a private company, is free to make its own decisions. Kevin Bankston, a lawyer with the Electronic Frontier Foundation, agreed that this is not a violation of the first amendment, but said it was nevertheless disappointing. "This certainly implicates first amendment rights to the extent that web hosts may, based on direct or informal pressure, limit the materials the American public has a first amendment right to access".[68]

[Amazon's] decision to cut off WikiLeaks now is the right decision and should set the standard for other companies WikiLeaks is using to distribute its illegally seized material. I call on any other company or organization that is hosting WikiLeaks to immediately terminate its relationship with them.

On December 1, 2010 cut off WikiLeaks 24 hours after being contacted by the staff of Joe Lieberman, Chairman of the U.S. Senate Committee on Homeland Security.[66] In a statement Lieberman said:[67]

This action was intended to reduce the exposure of personnel to classified information released by WikiLeaks and published by those news organizations. [65][64] In December 2010, the

In February 2008, the Bank Julius Baer vs. WikiLeaks lawsuit prompted the United States District Court for the Northern District of California to issue a permanent injunction against the website WikiLeaks' domain name registrar. The result was that WikiLeaks could not be accessed through its web address. This elicited accusations of censorship and resulted in the Electronic Frontier Foundation stepping up to defend WikiLeaks. After a later hearing, the injunction was lifted.[63]


The Monterey Herald reported on June 27, 2013 that the United States Army bars its personnel from accessing parts of the The Guardian's website after whistleblower Edward Snowden's revelations about the PRISM global surveillance program and the National Security Agency (NSA) were published there.[60][61] The entire Guardian website is blocked for personnel stationed throughout Afghanistan, the Middle East, and South Asia, as well as personnel stationed at U.S. Central Command headquarters in Florida.[62]

In October 2009, military blogger C.J. Grisham was temporarily pressured by his superiors at Redstone Arsenal to close his blog, A Soldier's Perspective, after complaining about local public school officials pushing a mandatory school uniform program without parental consent.[59]

The Department of Defense prohibits its personnel from accessing certain IP addresses from DoD computers.[57] The US military's filtering policy is laid out in a report to Congress entitled "Department of Defense Personnel Access to the Internet".[58]


eNom, a private domain name registrar and Web hosting company operating in the U.S., disables domain names which appear on a U.S. Treasury Department blacklist.[23][24]

In 2007, Verizon attempted to block the abortion rights group NARAL Pro-Choice America from using their text messaging services to speak to their supporters. Verizon claims it was in order to enforce a policy that doesn’t allow their customers to use their service to communicate “controversial” or “unsavory” messages.[56] Comcast, AT&T and many other ISP's have also been accused of regulating internet traffic and bandwidth.

Telecommunications and Internet service companies

Some libraries may also block access to certain web pages, including pornography, advertising, chat, gaming, social networking, and online forum sites,[53] but there is a long and important tradition among librarians against censorship[54] and the use of filtering and blocking software in libraries remains very controversial.[55]

Many K-12 school districts in the United States use Internet filters to block material deemed inappropriate for the school setting.[49][50] The federal government leaves decisions about what to filter or block to local authorities. However, many question this approach, feeling that such decisions should be made by a student's parents or guardian. Some of the fears associated with Internet filtering in schools include: the risk of supporting a predominant ideology, that views held by filter manufacturers are being imposed on students, over blocking of useful information, and under blocking of harmful information.[51] A 2003 study "found that blocking software overblocked state-mandated curriculum topics extensively–for every web page correctly blocked as advertised, one or more was blocked incorrectly."[52]

K-12 schools and libraries that accept funds from the federal E-rate program or Library Services and Technology Act grants for Internet access or internal connections are required by Children's Internet Protection Act to have an "Internet safety policy and technology protection measures in place".[22]

Schools and libraries

Public and private institutions that provide Internet access for their employees, customers, students, or members will sometimes limit this access in an attempt to ensure it is used only for the purposes of the organization. This can include content-control software to limit access to entertainment content in business and educational settings and limiting high-bandwidth services in settings where bandwidth is at a premium. Some institutions also block outside e-mail services as a precaution, usually initiated out of concerns for local network security or concerns that e-mail might be used intentionally or unintentionally to allow trade secrets or other confidential information to escape.

The constitutional and other legal protections that prohibit or limit government censorship of the Internet do not generally apply to private corporations. Corporations may voluntarily choose to limit the content they make available or allow others to make available on the Internet.[4] Or corporations may be encouraged by government pressure or required by law or court order to remove or limit Internet access to content that is judged to be obscene (including child pornography), harmful to children, defamatory, pose a threat to national security, promote illegal activities such as gambling, prostitution, theft of intellectual property, hate speech, and inciting violence.[2][3]

Censorship by institutions

In July 2011 Missouri lawmakers passed the Amy Hestir Student Protection Act which included a provision that barred K-12 teachers from using websites that allow "exclusive access" in communications with current students or former students who are 18 or younger, such as occurs with private messages on sites such as Facebook.[45] A circuit court order issued before the law went into effect blocked the provision because "the breadth of the prohibition is staggering" and the law "would have a chilling effect" on free-speech rights guaranteed under the U.S. Constitution.[46] In September the legislature replaced the controversial provision with a requirement that local school districts develop their own policies on the use of electronic communication between employees and students.[47][48]

And five states require Internet service providers to make a product or service available to subscribers to control use of the Internet. They are: Louisiana, Maryland, Nevada, Texas, and Utah.[44]

The thirteen states that require schools and/or libraries to adopt policies to protect minors include: California, Delaware, Georgia, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, New Hampshire, New York, South Carolina, and Tennessee. Florida law "encourages public libraries to adopt an Internet safety education program, including the implementation of a computer-based educational program."[44]

The twelve states that require Internet filtering in schools and/or libraries to protect minors are: Arizona, Arkansas, Colorado, Idaho, Michigan, Minnesota, Missouri, Ohio, Pennsylvania, South Dakota, Utah, and Virginia.[44]

The majority of these states simply require school boards or public libraries to adopt Internet use policies to prevent minors from gaining access to sexually explicit, obscene or harmful materials. However, some states also require publicly funded institutions to install filtering software on library terminals or school computers.

According to the National Conference of State Legislatures, in September 2013 twenty-six states have laws that apply to Internet use at publicly funded schools or libraries:[44]

State laws

In January 2015 details from the Sony Pictures Entertainment hack revealed the MPAA's lobbying of the United States International Trade Commission to mandate US ISPs either at the internet transit level or consumer level internet service provider, implement IP address blocking pirate websites as well as linking websites.[43]

USITC Site Blocking

Free Press, Sunlight Foundation, and TechFreedom. Google has not taken a public position on the bill, but lobbied for it.[42]

CISPA is supported by several trade groups containing more than eight hundred private companies, including the Business Software Alliance, CTIA – The Wireless Association, Information Technology Industry Council, Internet Security Alliance, National Cable & Telecommunications Association, National Defense Industrial Association, TechAmerica and United States Chamber of Commerce, in addition to individual major telecommunications and information technology companies like AT&T, Facebook, IBM, Intel, Oracle Corporation, Symantec, and Verizon.[39][40]

The Cyber Intelligence Sharing and Protection Act (CISPA) is a proposed law introduced in November 2011, with the stated goal of giving the U.S. government additional options and resources to ensure the security of networks against attacks.[37] It was passed by the U.S. House of Representatives in April 2012, but was not passed by the U.S. Senate. In February 2013 the bill was reintroduced in the House.[38]

Cyber Intelligence Sharing and Protection Act (CISPA)


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