Introduction
The explosion of the Internet,
and especially the startling increase in the number of teenagers
and even children online, has raised important concerns among parents
and educators. Among the distractions and diversions along the information
superhighway, there are potent dangers. Much of the attention has
been focused on online pornography and sex predators. Less has been
said of the dangers of hatred and bigotry on the Internet. But the
problem has been well documented. And the multiplying of hate sites
on the Internet is really just the tip of the iceberg.
While it's
a marvelous medium for education, communication, entertainment and
commerce, the Internet has a dark side. Hate groups have emerged
from the back alleys of the past to post their hateful ideas online,
in full view of everyone, where they can hide behind their anonymity
while spewing their hatred for a potential audience of thousands,
if not millions. The Internet is a relatively cheap and highly effective
way for hate groups as diverse as the National Alliance and the
Ku Klux Klan, as well as anti-Semites, right-wing extremists, militia
groups and others to propagate their hateful ideas.
What's more,
it's becoming a powerful recruitment tool for these groups. Where
the activities of hate groups once were limited by geographical
boundaries, the Internet allows even the smallest fringe group to
spread hate and freely recruit members online by tapping into the
worldwide audience that the Web provides. Technology also offers
such groups the ability to post messages in chat rooms and communicate
like never before.
Recently,
the Anti-Defamation League, which is at the forefront of tracking
this trend of hate online and exposing the phenomenon in numerous
reports, has responded to several incidents where hatred and bigotry
has found its way onto mainstream Internet portals. For instance,
the ADL recently fielded dozens of complaints about the presence
of hate "clubs" on Yahoo, one of the Internet's most popular sites.
Dozens of hate groups had established "clubs" in plain view on Yahoo's
servers. In this case, ADL and Yahoo were able to work together
to pull the plug on these haters, resulting in the company's removal
of some of the most offensive clubs because they stood in violation
of the site's terms of service agreement, which clearly prohibits
hate speech.
This was
one instance where it was possible to rein in white supremacist
and racist groups from spreading racism and bigotry. But in the
vast majority of cases, online hate speech remains protected under
the First Amendment. Hate speech and the many varied forums available
on the Internet for the exchange of information have opened up a
new set of legal quandaries. Many of the thorniest issues surrounding
hate speech ultimately will be decided in the courts.
Christopher
Wolf, is a partner with the law firm of Proskauer Rose LLP, in Washington,
D.C. Considered one of America's leading practitioners in the area
of high technology law, he has litigated cutting edge Internet issues
involving online privacy, jurisdiction over web site operations,
domain names and protection of intellectual property. Mr. Wolf is
chairman of the Anti-Defamation League's Internet Policy Committee.
This article was originally published on GigaLaw.com in July 2000.
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