One of the most critical aspects of fighting against cybercrime involves a proper balancing between the preservation of people’s right to free speech and censorship. Internet is a hub for freedom of expression and thought since one can state his or her opinions without revealing his or her identity. Anonymity is important since “the Supreme Court has also ruled that the First Amendment protects the right to speak anonymously as part of the guarantee of free speech” (Reynolds, 2018, p. 188).
One of the most direct ways to fight cybercrime or online illegal activity is by disrupting the communication channel of the communicator. However, this practice comes with a baggage of potential violations of free speech, which is called internet censorship. The latter can be defined as “the control or suppression of the publishing or accessing of information on the Internet” (Reynolds, 2018, p. 195). In other words, an enforcer pressures the “upstream” information holders, such as service providers, to suppress one’s communication.
Therefore, balancing between adhering to the First Amendment and censorship is an intricate and delicate endeavor. Such an approach must be utilized by properly identifying what is not protected by the law, which includes private actors, non-governmental parties, and specific forms of expression beyond the First Amendment. The latter includes speech integral to illegal activity, child pornography, fraudulent activity, and obscenity (Reynolds, 2018). In addition, private entities can conduct censorship on their channels, which is not considered a violation of the First Amendment since they do not represent the government (Reynolds, 2018). However, such private actors need to ensure that they are not violating any other laws, such as sexual harassment laws, by taking preventative actions. Thus, the First Amendment does extend to all forms of expression, which means cybercrime needs to be fought within the defined boundaries.
Reference
Reynolds, G. W. (2018). Ethics in information technology (6th ed.). Cengage Learning.