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📄 free speech in cyberspace.txt

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                                         27                                     CHAPTER TWO:                                     CHAPTER TWO:                                     CHAPTER TWO:                                        The Net                                        The Net                                        The Net               This chapter will explore the nature of today's computer-            based media, both technological and cultural, in order to            lay the foundation for the discussion that follows.               The first section will describe the technological            foundation of computer-based communication.  In order to            understand many aspects of this topic, and to appreciate the            culture of computer users, it is necessary first to            understand the media through which communication takes            place.  Such an understanding requires a certain amount of            technical explanation.  However, the minute technical            details of computer networking are less important than an            appreciation of the vast variety and immense power of the            technology.               The second section will examine the way in which these            media are used today.  This will include general            descriptions and examples of the types of communication that            take place via computer-based media.               The final section will be a brief introduction to the            culture of computer hackers, a group that has played a            continuing and important role in the development of policy            in this area.               The Technology               The Technology               The Technology1               Several kinds of technological media exist through which            computer-based communication takes place.  These can            generally be grouped into three categories: the computer            bulletin board system (BBS), the online information service            and the computer network.  There is considerable overlap            between these categories, and within each category there is            much variation in implementation.  Nonetheless, meaningful            distinctions can be made between these types of systems and            the way in which they operate.               Bulletin Board Systems (BBSs)               Bulletin Board Systems (BBSs)               Bulletin Board Systems (BBSs)               At the low end of the technological and economic scale is            the computer bulletin board system or BBS.  Typically, a BBS            is operated on a single personal computer, often in a spare            bedroom or corner of the home of the system operator            (sysop).  Such a BBS is usually operated strictly as a            hobby, and no fee is charged for access (though some BBSs            may charge a small fee to help defray costs).  The only            equipment required to operate a BBS is a computer, BBS            software,2 a modem and a telephone line.  In some cases the                                               1Much of the information in this section comes from the            author's own experience.  Where this information has been            supplemented by external sources, or where such sources            might provide additional useful information, citations are            given.               2BBS packages include TBBS (The Bread Board System),            Wildcat! and Searchlight.  Many BBS packages are shareware            (see infra note 7), bringing the cost of operating a BBS            even lower.                                          29            BBS will not even have its own telephone line but will share            the sysop's home or business line (and consequently may be            available only during certain hours).               The idea of a computer system publicly available for            posting messages goes back at least to 1973 when a project            called Community Memory went online in San Francisco.  A            project of a group of progressive computer enthusiasts,            Community Memory was a system consisting of a mainframe3            computer connected to a dedicated teletype terminal placed            in a record store (a second terminal was added later).  The            system functioned much like the message base of a modern            BBS, allowing anyone who wanted to use it to leave a message            that could be viewed by others.4               The first true BBS appeared in January of 1978 when two            members of a Chicago computer club called CACHE (Chicago            Area Computer Hobbyist Exchange) came up with the idea of            using a computer to help the club members share information            that had previously been posted on a real bulletin board.            The system, called the CACHE Bulletin Board System/Chicago            or CBBS/Chicago, was strictly a message board and ran on                                               3A mainframe is a large computer with abundant processing            power.  The term is usually used to distinguish such large            computers from personal computers such as the IBM PC or the            Apple Macintosh.  Technically, before the advent of such            small computers in the late 1970s, all computers were            mainframes.  See Freedman, The Computer Glossary 434 (4th            ed. 1989).               4S. Levy, Hackers 155-58, 167-80 (Paperback ed. 1984).                                          30            software the two men, Randy Seuss and Ward Christensen,            designed over a weekend.  The program was freely distributed            and widely adapted, and before long BBSs sprang up all over            the country.5               Today, many different BBS software packages offer            different features, but certain functions are common to            virtually all BBSs.  After logging on to the BBS by            providing a user name and a password,6 a caller is usually            presented with a menu of BBS functions from which to choose.            These generally include bulletins, electronic mail (e-mail),            message areas, file downloads and perhaps other features            such as online games.               Bulletins, e-mail and the message areas are all forms of            electronic communication between BBS users.  Bulletins are            text files, usually prepared by the sysop and usually            containing information about the operation of the BBS            itself.  They inform the user of BBS rules and regulations,            the history of the BBS, scheduled down time and other                                               5Petersen, "Whether for Gabbing or Gobbling Facts,            Computer Bulletin Board Systems Have Taken Wing," Chicago            Tribune, Mar. 16, 1989, at sec. 5, p. 2; Balz, "Signing On            to the World of Computer Bulletin Boards," Chicago Tribune,            May 30, 1986, at 53.               6The user name or user ID may be the caller's real name            or a "handle."  Systems that allow handles will usually also            require the user to provide his real name so the sysop can            verify his identity, even though the handle may be all that            other users will see.  The password, chosen by the user, is            the BBS's primary means of maintaining security.  Users are            usually advised to select a password that would not be easy            to guess and not to write the password anywhere.                                          31            information of general interest.  Bulletins are often            displayed automatically to first-time callers, and some BBSs            require that callers read certain bulletins before full            access is granted.               E-mail is a private form of communication between two            users.  An e-mail note will be addressed to a specific            person, using that person's user name, and will not be            visible to anyone else (except perhaps the sysop).  When the            user to whom the note is addressed logs on, he will usually            be notified right away that he has mail waiting.  He can            then read any e-mail notes waiting for him and reply if he            chooses to.               The heart of most BBSs is the "message base."  Generally,            a BBS will have a number of message areas divided by topic.            Unlike e-mail notes, these messages are visible to any            caller.  These message areas are public discussion forums            where any reader is free to jump in at any time.               In addition to these forms of communication, information            may also be published via the file download section.            Ordinarily, a BBS's file collection consists mostly of            public-domain and shareware7 software, but it may also                                               7Shareware is a method of software distribution in which            copies of a software product may be freely distributed            through BBSs and other means, allowing users to try the            software before deciding to buy it.  If the user chooses to            continue using the software beyond a certain trial period,            he is expected to register it by sending a fee to the            program's author.  In exchange for registering, the user            will typically receive printed documentation, upgrade                                          32            contain text files.  These files might be extracts from            threads8 in the message areas, instructional articles,            electronic newsletters, fiction, poetry or virtually any            other form of written material.               Information Services               Information Services               Information Services               Similar in concept to the BBS, but very different in            scale, is the online information service.  Unlike most BBSs,            the information service is a commercial enterprise,            operating on a subscription or membership basis and charging            a fee for access, usually an hourly rate.  Such a service is            much larger than a BBS, operating on a mainframe computer            (or even an array of mainframe computers).  Furthermore, the            information service supports hundreds or even thousands of            simultaneous callers and is available nationally, or even            internationally, through local telephone calls.               Major online information services in the United States            include CompuServe, Prodigy, GEnie, The Source and BIX.  Of            these, the largest and most familiar is probably CompuServe,            a subsidiary of H&R Block.  CompuServe has over half a                                                                                    notices, technical support and perhaps a more fully            functional version of the software.               8A thread is "a more or less continuous chain of postings            on a single topic." Online Jargon File, version 2.9.6            (distributed via the Internet,  Aug. 16, 1991), at line            15707.                                          33            million members9 who pay an hourly rate ($12.50 in 1991) to            use the service.  Like a BBS, CompuServe features e-mail,            file libraries and message areas organized by topic.            However, these areas are so large and so numerous that books            exist for the sole purpose of helping one navigate them.            CompuServe also offers many special online services (some of            which cost an additional surcharge); users can make airline            reservations, search online databases, invest in the stock            market and shop in an "electronic mall" while online.10            Other online information services offer similar assortments            of services.               The Internet and Usenet               The Internet and Usenet               The Internet and Usenet               In terms of the number of users and the volume of            traffic, the largest component of the online community is            probably the international network of mainframe computers            generally

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