Derek Bambauer on censorship

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October 4, 2011

Derek Bambauer, associate professor of law at Brooklyn Law School, discusses his forthcoming University of Chicago Law Review article entitled Orwell’s Armchair. In the paper, Bambuer writes that America has begun to censor the Internet, and he distinguishes two forms of censorship: hard and soft. He defines hard censorship as open and transparent, and where the government directly controls what information can and cannot be transmitted. Soft censorship, says Bambauer, is indirect, where government tells third parties to prevent users from accessing information, and it’s not clear what is being censored. He submits that if America is going to censor the Internet, it should do so through hard censorship. Indirect censorship strategies, he writes, are less legitimate than direct regulation.

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