FC: Will Doherty replies to Bruce Taylor on library filtering

From: Declan McCullagh (declanat_private)
Date: Tue Mar 11 2003 - 07:30:34 PST

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    Date: Mon, 10 Mar 2003 15:32:29 -0800
    To: declanat_private
    From: Will Doherty <dohertyat_private>
    Subject: Re: FC: Bruce Taylor on library filtering case: Justice Dept
       won?
    Cc: dohertyat_private
    In-Reply-To: <5.1.1.6.0.20030310173126.0172e808at_private>
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    Dear Declan and Bruce (and politech readers if this is forwarded),
    
    Keyword-based filters often block search engine results.
    
    Even if search result listings are not blocked, there is
    often not enough information available in the brief
    search result listing to determine whether or not
    the search result should have been blocked and many
    search results are in fact inappropriately blocked
    for many different logical and entirely unpredictable
    reasons.
    
    At least one filtering vendor blocked its own website
    front page.
    
    You can see examples of such behavior in the Online Policy Group's
    "Online Oddities and Atrocities Museum" under construction at
    http://www.onlinepolicy.org/research/museum.shtml (your
    submissions to the museum are welcome).
    
    Internet filtering products simply don't and can't work
    since they aren't capable of interpreting human language
    in context.
    
    School children in the United States are going to have
    Swiss cheese for brains due to the randomly inaccessible
    information they will miss from their education due to
    Internet blocking. This will be true even if the U.S.
    Supreme Court upholds CIPA for libraries, since schools
    weren't covered in this legal challenge.
    
    One Internet with Equal Access for All,
    
    Will Doherty
    Online Policy Group, Inc.
    http://www.onlinepolicy.org
    -------
    
    ---
    
    To: declanat_private
    Cc: politechat_private, BruceTaylorat_private
    Date: Tue, 11 Mar 2003 02:24:44 -0500
    Subject: Re: FC: Bruce Taylor on library filtering case: Justice Dept won?
    From: terry.sat_private
    
     > out which ones the filter will block.  There are no "secret" blocks
     > by filters.  A filter always tells you when you can't see a site, but
     > you have to ask to see the site before the filter is asked if it's
    blocked.
    
    To the extent there's bias in blacklists, and many vendors treat those
    lists as proprietary secrets, librarians cannot be aware of the patterns
    in censored content, while citizens cannot inquire and discover same to
    review for possible biases, short of obtaining and hacking encryption in
    those elements of such software, or doing massive amounts of testing for
    blocked URLs.  Every blacklist used in a tax funded system should be FOIA
    available.  That includes whitelists, since creative bigots have been
    known to claim they don't deny blacks access to busses or lunch counters,
    but only allow whites.
    
    
     > Analogize to library card catalogues:
     >
     > A library has a white card for every book they have.
     > The card catalogue doesn't have a card for every book in print on a
     > topic and doesn't have a card for the books they don't have.
     > When users go to the card catalogue, we only learn which books the
     > library has on a topic, not all the other books ever printed on that
     > topic.
     > If they had a white card for the books they have and a red card for
     > the ones they don't, at least patrons would know what else exists on
     > a topic.
    
    In past history, this might have been a valid analogy.  Due to shared
    databases, the move from paper card catalogs to searchable electronic
    ones, interlibrary loans, and access to additional databases such as
    "books in print" from library computers, modern libraries do have in
    effect three sets of cards, actually more inclusive than what Bruce's
    model suggests.  They have those "white cards", "red cards" for what's
    available from other libraries on loan, constituting both in print and
    out of print materials not always easy to purchase if one so chose, and
    "yellow cards" for other books which the instant or some other library
    might or might not purchase if requested, or which might be otherwise
    available to the patron to buy or borrow from other sources.
    
    That changed reality of modern library operations makes Bruce's model
    flawed in other ways.  It costs staff labor and transportation to operate
    interlibrary loan systems.  Presumably were shelf space and acquisition
    costs not issues, most general use libraries would have 100% of items on
    the "red" list, additional copies of popular works on the "white" list,
    and many if not most items from the "yellow" list as well.  Web sites
    equivalent to those lists have zero incremental budget or space
    requirement to carry multiple copies of popular works and all other
    patron desired materials.  In effect that means the net enables expanding
    the "white" list, adding the "red" list at lower cost than interlibrary
    loans (reversing traditional cost models), and simply making every item
    on the "yellow" list available for less cost than staff time alone that
    would be required to review patron requests for collection additions in
    print form.
    
    The only forms of libraries which traditionally try to avoid having
    expansive collections bounded only by cost and space are topical focus
    libraries.  Those might be found in a university science or arts
    department, a court house, or an elementary school where reader levels
    10-14+ would be wasted while complicating the tasks of users finding
    useful materials easily.
    
    These changed cost models offer additional opportunities to remedy past
    issues of discriminatory practices, which in turn result in absurdities
    under Bruce's model.  Most US libraries carry almost exclusively English
    language works.  Some carry Spanish or other language books based on
    significant local community constituencies.  Most library patrons with
    interests in minimally represented languages are left to fend for
    themselves.  This economic model of not designating a legal national
    language (with all the religious and nationality biases that would carry)
    while catering to more prolific minorities treats members of smaller
    minorities as if less than citizens.  The virtually infinite expansion of
    shelf capacity without acquisition costs allows carrying every available
    foreign language version of every book in the catalog or loan or in print
    systems, plus allows near instant translations (albeit with defects) to
    nearly any other language.  No longer would people whose first languages
    were Asian, African tribal, Portuguese, French, German, Hebrew, Arabic,
    etc. expect to find versions in their primary languages absent.
    
    This raises an interesting issue as to most porn sites (whatever that is,
    with tribute to Potter Stewart's respect for the inability of US law to
    promulgate a neutral and concrete definition).  Were we to tolerate
    English and possibly other prevalent language based filters to impose
    Abrahamic religious prejudices backed by defective past Supreme Court
    rulings demeaning sexuality, would English speaking citizens be denied
    access to types of sites which persons working in less common foreign
    languages might find not blacklisted?
    
    What biases would be present in a Jain friendly filter, as a religious
    perspective which goes beyond values of most pacifist Earth friendly
    sexuality-positive Neopagans, but with an ascetic side more aligned with
    Calvinist religions?  Depiction of violence would clearly be offensive,
    whether advocacy of war, the artifacts of "War on Select Drug Rights"
    black markets, or the killing of freshly plucked vegetables, never mind
    animal species of any kind.  Raid insecticide ads would be gone.  Florida
    oranges or milk might pass, while Gutrot Arches or brocoli would be out.
    Cars and plastic goods would be gone, as would ads for clothes if the
    ideals of digambaras Jains were respected.  As such, images of humans
    wearing clothes might be seen as offensive, though only the mendicants
    (clergy) of that sect actually vow to not own clothes.  Sexuality might
    be evaluated as to its healthy in balance and sometimes spiritual forms,
    and depicted openly.  However, if we look to tantra or common Neopagan
    methods to determine what's healthy sexuality or not, that's an
    individual balance issue, where what's out of line is any third party
    imposing his judgement in place of the individual's guidance to his own
    path.
    
    That brings us full circle, to recognize that there are no neutral
    criteria for content based censorship.  Every possible blacklist is based
    on popular prejudices inclusive of religion, ethnicity, artistic ideas,
    or political viewpoint, and so fails the basic tests of Cohen v CA or
    Hess v IN.  Had our courts been entirely honest, Miller v CA would have
    collapsed as of 1868 (14th extending 1st inside states), and Pacifica
    indecency would have been treated as anyone's right to interpret for
    himself outside the US legal system, just as Justice Stewart suggested
    for "pornography", not established in precedent in the 1970's.
    
    The only rational conclusion is that whether out of economic or political
    power greed, or prejudices of zealotry, the core intent of every possible
    censorship effort, much like Secondary Effects Doctrine, is to find
    facially legal excuses for blatantly illegal discrimination.  It costs a
    library less for a patron to learn about "making sparks" with dripping
    wet pink pussy online, than it costs to stock a spare Boy Scout Manual
    that teaches about what for many are less exciting sparks.
    
    
    
    Terry
    
    
    
    "Censorship is the most insidious form of hate speech."
    
    
    
    
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