This week seemed to provide a perfect storm of sorts that aligned the reading with current events. Specifically, I would point to the current social unrest and potential revolution in Egypt. Of note for our purposes is the fact that it appears that large portions of the internet have been "shut down" by the Egyptian government. This act has been condemned by many American citizens, as well as American politicians. Ironically, a bill has been introduced in the Senate that would grant the U.S. president similar authority to shut down the internet on our own soil in the event of a "cyber attack." This is known as the "Internet Kill Switch."
The details of the bill are not as blunt as my own summary, but critics of the bill argue that granting the President this type of authority could well lead to large portions of the internet being unavailable for use. You can track the bill here.
As we gleaned from the cases on the Pentagon Papers, prior restraint is generally unfavored by the courts. However, in times of war, in narrow circumstances, newspapers may be prohibited from publishing certain information that may endanger troops or help the enemy. One commentator noted that with the proliferation of the internet and other modes of communication, prior restraint itself may be impossible. However, with a tool like an internet blackout, it certainly seems that it would be possible to prohibit websites from publishing information deemed a threat to national security.
There is always a delicate balance between what we think we deserve to know (under the 1st Amendment) and what we our government deserves to keep classified (for our collective national security).
ReplyDeleteAlthough I empathize with the want for a a secure internet in the face of a cyber-attack, this bill (if passed) walks a very fine line between the two. I don't pretend to know all the answers, but I say that my when it comes to my "American Gut-check" moment, I find something inherently uneasy about giving the President (one man or one woman after all) the sole power to flip the "Internet Kill Switch."