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** ** ** *** POLICY POST
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** ** ** *** April 7, 1995
** ** ** *** Number 8
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CENTER FOR DEMOCRACY AND TECHNOLOGY
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST 4/7/95 Number 8
CONTENTS: (1) Senator Leahy Introduces Alternative to Communications
Decency Act
(2) Leahy Statement on Introdcution of S. 714
(3) Text of S. 714
(4) About the Center For Democracy and Technology
This document may be re-distributed freely provided it remains in its
entirety.
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SUBJECT: Senator Leahy Introduces Alternative to Exon/Gorton
Communications Decency Act
Senator Patrick Leahy (D-VT) today introduced the "Child Protection, User
Empowerment, and Free Expression in Interactive Media Study Bill" (S. 714).
The bill represents an alternative to Senator Exon (D-NE) and Senator
Gorton's (R-WA) "Communications Decency Act", which would criminalize the
transmission of any content deemed "obscene, indecent, lewd, lascivious,
filthy, or harassing."
Leahy's bill would direct the Department of Justice, in consultation with
the Commerce Department, to conduct a study to address technical means for
empowering users to control information they receive over interactive
communications systems such as the Internet, commercial online services,
independent BBS's, and future interactive media. The bill is being
co-sponsored by Senators Bob Kerry (D-NE) and Herb Kohl (D-WI), and is
expected to generate support across party lines.
The Communications Decency Act, which Leahy seeks to replace, is now
pending before the Senate as part of the "Telecommunications Competition
and Deregulation Act of 1995' (S. 652).
In a statement announcing the introduction of the bill, Senator Leahy urged
Congress to carefully consider the implications of imposing content
restrictions on interactive media. "Heavy-handed efforts by government to
regulate obscenity on interactive information services will only stifle the
free flow of information, discourage the robust development of new
information services, and make users avoid using the system" Leahy said.
Instead, Leahy urged a careful consideration of possible alternatives
before Congress attempts to legislate in this area. Under the legislation
introduced today, the Department of Justice, in consultation with the
Department of Commerce, would examine:
* Whether current laws prohibiting the distribution of obscenity and child
pornography by means of computers are sufficient.
* Whether current law enforcement resources are sufficient to enforce
existing laws.
* The availability of technical means to enable parents and other users to
control access to "commercial, non-commercial, violent, sexually explicit,
harassing, offensive, or otherwise unwanted" content.
* Recommendations to encourage the development and deployment of such
technologies
* The availability of technical means to promote the free flow of
information consistent with Constitutional values.
The Center for Democracy and Technology commends Senator Leahy for his
leadership on this issue and his efforts to promote the free flow of
information in cyberspace. CDT will work to support Senator Leahy's
efforts and to develop alternatives to content restrictions in interactive
media.
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LEAHY STATEMENT ON INTRODUCTION OF S. 714
STATEMENT OF SENATOR LEAHY
On Introduction of The Child Protection, User Empowerment, and Free
Expression In Interactive Media Study Bill
April 7, 1995
Mr. President: I rise today to introduce a bill calling for a study by the
Department of Justice, in consultation with the U.S. Department of Commerce
on how we can empower parents and users of interactive telecommunications
systems, such as the Internet, to control the material transmitted to them
over those systems. We must find ways to do this that do not invite
invasions of privacy, lead to censorship of private online communications,
and undercut important constitutional protections.
Before legislating to impose government regulation on the content of
communications in this enormously complex area, I feel we need more
information from law enforcement and telecommunications experts. My bill
calls for just such a fast-track study of this issue.
There is no question that we are now living through a revolution in
telecommunications with cheaper, easier to use and faster ways to
communicate electronically with people within our own homes and
communities, and around the globe.
A byproduct of this technical revolution is that supervising our children
takes on a new dimension of responsibility. Very young children are so
adept with computers that they can sit at a keypad in front of a computer
screen at home or at school and connect to the outside world through the
Internet or some other on-line service. Many of us are, thus, justifiably
concerned about the accessibility of obscene and indecent materials on-line
and the ability of parents to monitor and control the materials to which
their children are exposed. But government regulation of the content of all
computer and telephone communications, even private communications, in
violation of the First Amendment is not the answer -- it is merely a
knee-jerk response.
Heavy-handed efforts by government to regulate obscenity on interactive
information services will only stifle the free flow of information,
discourage the robust development of new information services, and make
users avoid using the system.
The problem of policing the Internet is complex and involves many important
issues. We need to protect copyrighted materials from illegal copying. We
need to protect privacy. And we need to help parents protect their
children. Penalties imposed after the harm is done is not enough. We need
to find technical means from stopping the harm done before it happens.
My bill calls for a study to address the legal and technical issues for
empowering users to control the information they receive over electronic
interactive services. Instead of rushing to regulate the content of
information services, we should encourage the development of technology
that gives parents and other consumers the ability to control the
information that can be access over a modem.
Empowering parents to manage what their kids access over the Internet with
technology under their control is far preferable to some of the bills
pending in Congress that would criminalize users or deputize information
service providers as smut police.
Let's see what this study reveals before we start legislating in ways that
could severely damage electronic communications systems, sweep away
important constitutional rights, and undercut law enforcement at the same
time.
I ask unanimous consent, to have printed in the record at this pint, the
"Child Protection, User Empowerment, and Free Expression in Interactive
Media Study" bill.
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TEXT OF S. 714
104th Congress
1st Session
S. 714
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IN THE SENATE OF THE UNITED STATES
Mr. Leahy introduced the following bill; which was read twice and referred
to the committee on_______
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A BILL
To require the Attorney General to study and report to Congress on the
means of controlling the flow of violent, sexually explicit, harassing,
offense, or otherwise unwanted material in interactive telecommunications
systems.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. STUDY ON MEANS OF RESTRICTING ACCESS TO UNWANTED MATERIAL
IN INTERACTIVE TELECOMMUNICATIONS SYSTEMS.
(a) STUDY AND REPORT. -- Not later than 150 days after the date of
enactment of this Act, the Attorney General shall complete a study and
submit to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report containing --
(1) an evaluation of whether current criminal laws governing the
distribution of obscenity over computer networks and the creation and
distribution of child pornography by means of computers are fully
enforceable in interactive media;
(2) an assessment of the Federal, State, and local law enforcement
resources that are currently available to enforce those laws;
(3) an evaluation of the technical means available to --
(A) enable parents to exercise control over the information that
their children receive and enable other users to exercise control over the
commercial and noncommercial information that they receive over interactive
telecommunications systems so that they may avoid violent, sexually
explicit, harassing, offensive, or otherwise unwanted material; and
(B) promote the free flow of information consistent, with
Constitutional values, in interactive media; and
(4) recommendations to encourage the development and deployment of
technical means, including hardware and software, to enable parents to
exercise control over the information that their children receive and
enable other users of exercise control over the information that they
receive over interactive telecommunications systems so that they may avoid
harassing, violent, sexually explicit, harassing, offensive, or otherwise
unwanted material.
(b) CONSULTATION -- In conducting the study and preparing the
report under subsection (a), the Attorney General shall consult with the
National Telecommunications and Information Administration of the
Department of Commerce.
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ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY
The Center for Democracy and Technology is a non-profit public interest
organization. The Center's mission is to develop and advocate public
policies that advance constitutional civil liberties and democratic
values in new computer and communications technologies.
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