Wireless_Clouds_and_the_First_Amendment - 1 Copyright(c...

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1 Copyright (c) 2007 Florida Law Review Florida Law Review January, 2007 59 Fla. L. Rev. 1 LENGTH: 35028 words ARTICLE: CLOUDS, CAMERAS, AND COMPUTERS: THE FIRST AMENDMENT AND NETWORKED PUBLIC PLACES NAME: Timothy Zick* BIO: * Associate Professor of Law, St. John's University School of Law. I would like to thank Paige Price for her support and encouragement. I would also like to thank the editors of the Florida Law Review for their diligent work. SUMMARY: ... Entire cities and counties are erecting wireless "clouds" that will bring the Internet to vast public spaces. . .. In terms of public expression, these developments may change the geography of public space by marking off vast areas that will now be under public surveillance. . .. Although the scope of Muni WiFi projects is unprecedented, this is not the first time that government has provided Internet access in a public place. . .. Public expression is most vibrant when a variety of speakers engage in a variety of speech forms. . .. Thus the manner in which municipalities provide public Web access will be critically important to public expression. . .. Citizens' knowledge of official access and other controls in public places may turn out to be critical to the functioning of public places and public expression. . .. With respect to both Muni WiFi and public surveillance programs, officials should create technological and administrative safeguards that will encrypt publicly transmitted data, limit access to that data, and provide clear guidelines for non-law enforcement access to surveillance records. . .. This very mild form of civil disobedience actually uses a combination of public speech, assembly, and network technology to impose transparency on public surveillance programs. . .. The features of public place networking that are most threatening to public expression can, however, be managed. . .. TEXT: [*2]
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2 I. Introduction It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and "cyber-places" like the Web, constitute separate locations of communication. In reality, however, the intersection and collision of these two spaces is imminent. In some respects it has already occurred. Entire cities and counties are erecting wireless "clouds" that will bring the Internet to vast public spaces. n1 Technologies of surveillance continue to proliferate. What one does and says in public places is increasingly subject to surveillance by means of a combination of hand-held devices and official surveillance tools like closed circuit television cameras (CCTV). n2 There may soon be a continuous, running record of most public activities. People in public places are also carrying [*3] and wearing ever more sophisticated computing devices. Pervasive personal computing is mobilizing communication and affecting public interaction in ways we are only now beginning to appreciate. Among other things, it is blurring the line between private and public communication. Anyone who has ever been
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Wireless_Clouds_and_the_First_Amendment - 1 Copyright(c...

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