Does Religious Freedom Entail the Ability to Censor the Internet Privately?

Jan. 14 2016

In 2010, the FCC issued its Open Internet Order, currently the subject of litigation in the DC circuit court. Among many other things, the regulations, often referred to as “network neutrality,” forbid Internet-service providers from blocking specific content unless it is either unlawful (like child pornography) or harmful (like computer viruses). A still-unresolved question is whether the regulations render illegal providers like Jnet, popular among Orthodox Jews in Brooklyn, and its Christian equivalent True Vine Online (TVO), which block users’ access to sacrilegious and sexually explicit websites. Arielle Roth writes:

[U]nder the network-neutrality rules, Jnet and TVO’s services are impermissible—and not simply as a matter of interpretation. . . . The FCC may forbear from enforcing the rules against Jnet and TVO, preferring to avoid a religious-freedom quagmire. But inaction will not necessarily avoid litigation. It is easy to imagine that a content provider blocked by Jnet or TVO would demand that the FCC enforce the network-neutrality rules and prohibit religious-based blocking.

Fortunately, Jnet and TVO are not powerless in the face of these oppressive regulations. Thanks to the Religious Freedom and Restoration Act (RFRA), a federal statute that prohibits the federal government from burdening an individual’s religious exercise, Jnet and TVO would likely be granted an exemption to the anti-blocking rule. . . .

A court finding that the network-neutrality rules harm Jnet and TVO’s religious liberty would implicitly acknowledge that these broadband providers possess editorial discretion in controlling the content over their networks. But that is precisely what the FCC denied in countering First Amendment challenges to the Open Internet Order. To escape constitutional scrutiny, the Commission declared that broadband providers were mere “dumb pipes,” charged with blindly transmitting content pursuant to the Internet user’s requests. But as is clear from the case of Jnet and TVO, this is a myopic portrayal of the speech interests at stake, and network neutrality imposes serious burdens on broadband providers’ editorial discretion.

Read more at CapX

More about: Freedom of Speech, Internet, Law, Politics & Current Affairs, Religious Freedom Restoration Act, U.S. Constitution

The Meaning of Hizballah’s Exploding Pagers

Sept. 18 2024

Yesterday, the beepers used by hundreds of Hizballah operatives were detonated. Noah Rothman puts this ingenious attack in the context of the overall war between Israel and the Iran-backed terrorist group:

[W]hile the disabling of an untold number of Hizballah operatives is remarkable, it’s also ominous. This week, the Israeli defense minister Yoav Gallant told reporters that the hour is nearing when Israeli forces will have to confront Iran’s cat’s-paw in southern Lebanon directly, in order to return the tens of thousands of Israelis who fled their homes along Lebanon’s border under fire and have not yet been able to return. Today’s operation may be a prelude to the next phase of Israel’s defensive war, a dangerous one in which the IDF will face off against an enemy with tens of thousands of fighters and over 150,000 rockets and missiles trained on Israeli cities.

Seth Frantzman, meanwhile, focuses on the specific damage the pager bombings have likely done to Hizballah:

This will put the men in hospital for a period of time. Some of them can go back to serving Hizballah, but they will not have access to one of their hands. These will most likely be their dominant hand, meaning the hand they’d also use to hold the trigger of a rifle or push the button to launch a missile.

Hizballah has already lost around 450 fighters in its eleven-month confrontation with Israel. This is a significant loss for the group. While Hizballah can replace losses, it doesn’t have an endlessly deep [supply of recruits]. This is not only because it has to invest in training and security ahead of recruitment, but also because it draws its recruits from a narrow spectrum of Lebanese society.

The overall challenge for Hizballah is not just replacing wounded and dead fighters. The group will be challenged to . . . roll out some other way to communicate with its men. The use of pagers may seem archaic, but Hizballah apparently chose to use this system because it assumed the network could not be penetrated. . . . It will also now be concerned about the penetration of its operational security. When groups like Hizballah are in chaos, they are more vulnerable to making mistakes.

Read more at Jerusalem Post

More about: Hizballah, Israeli Security