15 Winter 2015-2016 hanged from street lamps. The CEO was surprised. For him, this was a threat even though it is not considered a threat according to American law.30 For this CEO, however, it was too much and when Marcus showed him another 150 problematic sites, the company, after deliberation, decided to close some 110-120 of them.31 Ethics is not only a question of dealing morally with a given world. It is also a question of shaping the world for the better. This suggests a proactive approach that perceives agents as world owners, creators, game designers, producers of moral goods and evils, providers, hosts.32 Accordingly, ISPs should be able to plan and initiate action responsibly, in anticipation of future events, in an attempt to control their course by making or preventing something from happening. Moreover, while the Internet is a form of new media, it is still a media. It is not reasonable to prohibit certain expressions in print and allow the same objectionable expressions electronically. We cannot be neutral with regard to certain conduct that falls within the parameter of harming others as then the dangers to democracy, to our fellow citizens, to the moral basis of society, to values that we hold dear, might be too grave. Against content neutrality, I propose adopting a promotional approach. ISPs and WHSs should adhere to basic ethical principles necessary to maintain a civilized environment, first and foremost Do No Harm. Ethics require all of us to care about the consequences of our actions and to take responsibility for them. The promotional approach holds that ISPs and WHSs should not be neutral regarding different conceptions of the good. They should safeguard the basic tenets of democracy that enable and facilitate their operations. It is within ISPs and WHSs interest to adhere to them in their daily operation.33 Lasting social change needs a combination of solid governmental support and committed corporate action. A comprehensive look at the movement for Corporate Social Responsibility (CSR) shows that market forces often jumpstart responsibility. Consumer demand for responsibility may push companies to produce certain products and abandon others; actual (or threatened) consumer boycotts influence decision-making processes; "naming and shaming" practices by non-governmental organizations, pressure from socially responsible investors, and values held by employees and management are all influential. Yet there is no guarantee that a company will sustain its efforts past a marketing campaign if practices and standards are not enshrined in law. Corporations will only participate for the long-term in CSR if it is good for their business. While profitability may not be the only reason corporations will or should behave virtuously, it is the most influential one. CSR is sustainable only if virtue pays off.34 30. Anna S. Andrews, When Is a Threat ‘Truly’ a Threat Lacking First Amendment Protection? A Proposed True Threats Test to Safeguard Free Speech Rights in the Age of the Internet, THE UCLAONLINE INSTITUTE FOR CYBERSPACE LAW & POLICY (1999). 31. Interview with Brian Marcus, former ADL Director of Internet Monitoring, Washington DC (April 16, 2008). See also Jessica Henry, Beyond Free Speech: Novel Approaches to Hate on the Internet in the United States, 18(2) INFORMATION & COMMUNICATION TECHNOLOGY LAW 235-251 (June 2009). 32. Luciano Floridi, Ethics after the Information Revolution, in THE CAMBRIDGE HANDBOOK OF INFORMATION AND COMPUTER ETHICS (L. Floridi ed., 2010). See also L. Floridi, THE ETHICS OF INFORMATION (2013). 33. R. Cohen-Almagor, Content Net Neutrality – A Critique, in LUCIANO FLORIDI`S PHILOSOPHY OF TECHNOLOGY: CRITICAL REFLECTIONS, 151-167 (Hilmi Demir ed., 2012) and CONFRONTING THE INTERNET'S DARK SIDE: MORALAND SOCIAL RESPONSIBILITY ON THE FREE HIGHWAY (2015). See also Ugo Pagallo, ISPs & Rowdy Web Sites Before the Law: Should We Change Today’s Safe Harbour Clauses? 24 PHILOSOPHY & TECHNOLOGY 419-436 (2011). 34. Ki-Hoon Lee and Dongyoung Shin, Consumers’ Responses to CSR Activities: The Linkage between Increased Awareness and Purchase Intention, 36 PUBLIC RELATIONS REVIEW 193-195 (June 2010); David Vogel, THE MARKET FOR VIRTUE: THE POTENTIAL AND LIMITS OF CORPORATE SOCIAL RESPONSIBILITY (2005); Philip Kotler and Nancy Lee, CORPORATE SOCIAL RESPONSIBILITY: DOING THE MOST GOOD FOR YOUR COMPANY AND YOUR CAUSE (2005); HUMAN RIGHTS AND THE MORAL RESPONSIBILITIES OF CORPORATE AND PUBLIC SECTOR ORGANIZATIONS (Tom Campbell and Seamus Miller eds., 2004); Stewart Lewis, Reputation and Corporate Responsibility, 7 JOURNAL OF COMM. MANAGEMENT, No. 4, 356-394 (2003).
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