A briefing on public policy issues affecting civil liberties online
CONTENTS:
SENATOR LEAHY ASKS CDT LED COALITION TO EXPLORE ALTERNATIVES TO S. 314
Senator Patrick Leahy (D-VT), a strong proponent of civil liberties and the development of new communications technologies,has raised serious concerns about the Communications Decency Act (S. 314). In a letter to CDT Executive Director Jerry Berman and th e Interactive Working Group, Senator Leahy stated that "The proposed legislative solutions . . . raise serious concerns about the free flow of information in new communications media, threaten to squelch the development of the Internet and a vital new ind ustry along with it."
Senator Leahy has asked the Interactive Working Group (a coalition of public interest organizations, members of the computer and communications industry, and associations representing librarians and the press, chaired by the Center For Democracy and Techn ology) to "explore alternatives that balance constitutional liberties, competitiveness, and the legitimate interest of protecting children from accessing controversial content." The letter is attached below.
Leahy's efforts to explore alternatives to S. 314 come at an important time in this debate over S. 314. The Senate Commerce Committee may still incorporate S. 314 into telecommunications reform legislation, expected to be introduced as early next Monday ( 3/20).
It is critical that you contact Commerce Committee Chairman Pressler (R- SD), Senator Packwood (R-OR), Senator Hollings (D-SC), and your own Senators and urge them to:
For more information on how to contact members of congress, send email to the Voter's Telecommunications Watch vtw@vtw.org.
While you are at it, you might send a note of thanks to Senator Leahy for his efforts on behalf of free speech and the free flow of information in cyberspace. He can be reached by email at senator_leahy@leahy.senate.gov
The Center for Democracy and members of the Interactive Working Group are grateful to Senator Leahy for his leadership on this issue and his willingness to explore the implications of government efforts to impose content regulations on interactive media.
SENATOR LEAHY'S LETTER TO INTERACTIVE WORKING GROUP
March 15, 1995
Mr. Jerry Berman
Interactive Working Group
Center for Democracy and Technology
1001 G St., NW
Suite 700 East
Washington, DC 2000
Dear Mr. Berman:
Interactive communications media are growing at an astonishing rate, promising great advances for domestic commerce, international competitiveness, and political and cultural life. Nearly ten years ago, we began work on the Electronic Communications Priva cy Act ("ECPA"), in recognition of the fact that new computer and communications technologies would only flourish in an environment where the privacy rights of users, the intellectual property rights of content providers, and the obligations of service pr oviders are clear under statute. We continued that work last year in the Communications Assistance for Law Enforcement Act ("CALEA"). Today, as interactive communications systems expand in the consumer market, there is a critical need to clarify the First Amendment rights and responsibilities of information providers, users and carriers.
As you know, a number of bills have been introduced in the Senate that would regulate a wide range of controversial content on interactive information services, including the Internet. This legislation is motivated by two important goals. First, parents s hould be able to control their children's access to controversial material. Second, adult users should be able to exercise reasonable control over the information they receive so they may avoid material offense to them. The proposed legislative solutions to achieve these goals raise serious concerns about the free flow of information in new communications media, and threaten to squelch the development of the Internet and a vital new industry along with it.
I understand that industry and public interest organizations have independently come together to form the Interactive Working Group in order to address these issues. My hope is that the group will explore public policy and technology options for addressin g the problems of children's access to obscene content in a manner which promotes parental empowerment and First Amendment values. I would appreciate the Interactive Working group Consideration of and recommendation on the following issues:
1. THE NATIONAL AND INTERNATIONAL INFORMATION INFRASTRUCTURE:
What effect will content regulation have on the development of the national and global information infrastructure, including the Internet and other interactive services?
2. CURRENT LAW AND ENFORCEMENT EFFORTS:
What is the current lawregulating obscenity and harassment online? What gaps, if any, are there in current federal and state laws which hamper prosecution of criminal activity, including violations of the copyright and obscenity laws, in interactive media ?
3. TECHNOLOGICAL SOLUTIONS:
Does interactive technology enable parents to control their children's access to information in online services today? If not, what steps would be required to enable such parental control? Can the Working Group provide demonstrations of these user control technologies?
4. CONSTITUTIONAL FREE SPEECH AND PRIVACY ISSUES:
What are the First Amendment implications of content regulation in interactive media? What is the impact of carrier liability for content on ECPA , CALEA and constitutional privacy protections?
Since the passage of the Electronic Communications Privacy Act, and again in CALEA, we have always worked to assure a proper balance of constitutional liberties, competitiveness and legitimate government interest in the regulation of new communications te chnologies. As I receive input from a number of sources on these important issues, I look forward to your advice as well. My staff is available to meet with members of your group to discuss these issues further.
Sincerely,
[sig]
Patrick J. Leahy United States Senator
FOR MORE INFORMATION ON S. 314 AND WHAT YOU CAN DO
* HELP STOP S.314
Send a letter or call your Senator! For information on how you can help, send a message to vtw@vtw.org
* DOCUMENTS
CDT's analysis of S. 314 and the text of the bill can be obtained at the Voters Telecommunications Watch (VTW) archive:
WWW URL: gopher://gopher.panix.com/11/vtw/exon
Gopher command : gopher -p 1/vtw/exon gopher.panix.com
You can also obtain information by sending a message to s314-info@cdt.org.
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 tech nologies.
Contacting us:
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Last Updated 03/17/95 | For More Information Write webmaster@cdt.org