Lex 8256: The Law in Cyberspace Seminar

Social Networking

- Brett Chmielewski

        Social Networking websites such as Myspace.com, Facebook.com, and Xanga.com have changed the way we (particularly young people) communicate in today’s information society.  If you are not familiar with these sites, please take the time to browse around them so that you will have a good frame of reference for class discussion.  Go to www.myspace.com and www.facebook.com and attempt to browse around.  If you want a better starting point for Myspace, check out www.myspace.com/owen0019.  These sites are some of the most popular on the Internet, with millions of users.  Why are they so popular?  At first glance, do you think social networking sites provide any value to society?  If you are a member of any of these sites, why are you?  Please put some thought into these questions, as they will be discussed in class.

        As seems to be the case with any advance in technology, social networking sites can also be a danger, if used for the wrong purpose.  Please read the following articles to get a sense of the dangers that have arisen from this new form of communication. Some of the content of these articles is disturbing, but they present an accurate depiction of the very real dangers that are created when social networking sites are used for the wrong reasons, and by the wrong people.  Amalie Nash, Pedophiles troll MySpace; MySpace.com a gold mine for child predators; J. Nicholas Hoover, Kids Vs. Creeps: Concerns Mount Over Online Child Predators.

        The next logical question becomes: what is the best way to protect children when it comes to social networking sites? In an attempt to respond to the growing problem, 39 House members co-cponsored HR 5319, “The Delete Online Predators Act” or “DOPA”.  Please read the bill.  The Act requires public schools and libraries to block access to these sites to kids.  Do you have any issues with the way the statute is worded?  In your opinion, is it overbroad, under inclusive or just right?  Do you think this is the answer? 

       Please take some time to watch discussion about these issues at http://energycommerce.house.gov/108/Hearings/07112006hearing1974/hearing.htm. In the highly unlikely event that you don’t want to take the time to watch all 2 ½ hours of the video, please make a point to scroll ahead and watch the testimony of Chris Kelly of Facebook.com at approximately 1 hour and 14 minutes into the video and of Beth Yoke of the ALA at approximately 1 hour and 31 minutes into the video.  Does this testimony affect your opinion about DOPA or the value of social networking sites in general?

        Please read the following article by Anita Ramasastry.  In Ms. Yoke’s testimony and in the previous article, an argument was made about the “digital divide”.  How serious of a concern should this be as it relates to social networking sites?

         If DOPA isn’t the answer, what is?  Some people think that the sites themselves should be held liable, see Lucy Sherriff, MySpace sued for $30m after assault on 14-year-old. Are the sites doing enough? Should they have to do anything?  Is it simply the responsibility of parents and teachers to educate kids about the dangers involved with these sites? Finally, check out these sites that the FTC has provided to help educate parents and kids about social networking sites and the dangers involved. http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec14.htm; http://onguardonline.gov/socialnetworking.html; and http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec13.htm.  As always, please post a blog with your thoughts.