The Internet and the Justice System

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The Internet and the Justice System

I. Introduction.

The American legal system has faced many challenges in the past century, mainly due to population growth throughout the nation. The American ‘way-of-life’ has also changed significantly as a result. The legislative and judicial systems need to adapt to these developments. These include advances in information technology, particularly the Internet. This expanding communication network has created different behavioral patterns within our society.

This paper will examine some of these changes and try to determine if indeed changes are in order. Issues will be presented from the public manager’s perspective and the position of the justice system, relative to their affect upon citizens. Is it necessary to institute some form of desirable control or regulation over the Internet? If so, will an inordinate amount of public freedom be sacrificed in the process? These questions will be addressed, along with analyzing present policy and possible directions for future legislation.

II. The Internet Defined.

Public Manager’s Perspective.

The introduction of the Internet as an additional mass communication media has created new alternatives for information transmission. The ensuing popularity of the Internet has created many challenges that the public sector must deal with. Estimates in 1999 found that there are approximately 171 million Internet users worldwide (Group Computing, Jan/Feb 2000, p. 56). Change in the societal environment has made the Internet an integral part of the American economy.

Privatization.

An interesting historical paradox is that, although the Internet has U.S. Defense Department origins, it is scarcely perceived as a public utility by most users anymore. (Abrahamson, JMQC vol 75, no 1, p. 16) Public reaction to the specific and continuing privatization of the Internet has been anything but an organized protest. Greater portions of it have, in name as well as effect, become privatized by larger corporations. This includes Microsoft, the largest player in the nation’s information technology marketplace. This conglomerate is widely recognized as a commercial enterprise with well-documented monopolistic tendencies.

Justice System’s Perspective.

The justice system must consider the legal issues. New technology has led to a societal issue that must be interpreted in its relevance to the First Amendment. The justice system is supposed to guarantee the rights of every citizen, yet has instead elected to offer more protection to private entities first. These include private companies such as newspaper publishers or, in this instance, the private enterprises found on the Internet.

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