The Camel's Nose:
"Of course," we are to be told, "we endorse the Internet as a medium of free and wide-ranging expression and opinion. But surely, no one can object if we keep the Internet free of child pornography. Moreover, 'freedom of the press' doesn't allow libel or slander."
OK, no kiddie porn. But watch out for the libel/slander business. The law does not allow for "prior constraint." (Cf. the Pentagon Papers case). One is free to print or broadcast libelous statements, and then face the legal consequences. It is those consequences after the fact that deter libel. Next, the crunch question: would a Trump-appointed judiciary pursue those "consequences"?
"But surely we can't allow the terrorists to use the Internet for their nefarious schemes!"
If we concede this point, we've given away the game. For who decides who is a "terrorist" and thus to be denied access to the internet? Presumably, the Justice Department. Moreover, the USA PATRIOT Act's definition of "terrorist" is notoriously and dangerously vague. According to Section 802 of the act, "Domestic terrorism" includes acts within the United States that are "a violation of criminal laws" that "appear to be intended to influence the policy of a government by intimidation or coercion" or "to intimidate or coerce a civilian population."
By this account, Martin Luther King was a "terrorist." In general, peace and civil rights demonstrators and protesters, along with union pickets, are "terrorists." Ban "terrorists" from the internet, and by broad implication, most progressive individuals and organizations, along with their opinions, could be excluded.
And so, if the internet is to remain available, this may be so only due to our determined, relentless, and creative efforts to keep it open and free.
What is to be done?
We have basically two questions: (a) How do we maintain our access to the internet, and (b) if, despite our best efforts, we are shut out, how then do we get our message out, and coordinate our efforts?
Keeping the internet open and free. This should be our first order of business. The Internet "commons" must be protected by law, which means legislation from the Congress.
And so, public interest organizations such as Media Matters, FAIR and the Center for Digital Democracy must keep a watchful eye on ongoing developments regarding Internet control and ownership, and they must continue to inform their public -- which means, primarily, internet users. Reciprocally, such organizations need and deserve public support.
Never forget, that the public constituency in support of a free and "open access" internet is enormous. Most American households now have access to the internet, and most of these get at least some of their news from the Internet. If word gets out and is widely disseminated that "their" internet is about to be transformed into a marketing tool and a propaganda mouthpiece, and furthermore that the ordinary citizen will have to pay exorbitant fees to maintain a personal website, the public outcry might stay the administrative hand of the FCC, as it has in the past.
"Eternal vigilance," said Thomas Jefferson, "is the price of liberty." It may also be the price we must pay if we are to preserve the Internet commons.
After the Internet:
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