------------------------------------------------------------------------------
_____ _____ _______
/ ____| __ \__ __| ____ ___ ____ __
| | | | | | | | / __ \____ / (_)______ __ / __ \____ _____/ /_
| | | | | | | | / /_/ / __ \/ / / ___/ / / / / /_/ / __ \/ ___/ __/
| |____| |__| | | | / ____/ /_/ / / / /__/ /_/ / / ____/ /_/ (__ ) /_
\_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/
The Center for Democracy and Technology /____/ Volume 4, Number 16
----------------------------------------------------------------------------
A briefing on public policy issues affecting civil liberties online
----------------------------------------------------------------------------
CONTENTS: (1) Senate Attaches Internet Censorship Language to
Appropriations
Bill
(2) Background Analysis
(3) How to Subscribe/Unsubscribe
(4) About CDT, Contacting us
** This document may be redistributed freely with this banner intact **
Excerpts may be re-posted with permission of
|PLEASE SEE END OF THIS DOCUMENT FOR SUBSCRIPTION INFORMATION|
_____________________________________________________________________________
(1) SENATE ATTACHES INTERNET CENSORSHIP LANGUAGE TO APPROPRIATIONS BILL
Yesterday, the Senate moved one step closer to passing legislation which
jeopardizes free speech and access to information on the Internet. Two
measures, which were attached to a spending bill for the Commerce, State,
and Justice departments after a voice vote, are based on two previously
introduced bills: The Communications Decency Act (CDA) II (introduced by
Senator Coats) and the Internet School Filtering Act (introduced by Senator
McCain). Both are misguided efforts which will have a chilling effect on
constitutionally-protected speech. Not only are they likely to be found
unconstitutional, but they will certainly be ineffective at protecting
children. Nevertheless, Congress is using these bills to posture, once
again, on the issue of pornography on the Internet.
CDT believes that a far better, more effective and more constitutional
approach would be for Congress to lend its support to the effort to
encourage parents to take responsibility for their children's Internet
usage, and to encourage the development of tools which can help parents.
Such a step has already been taken in a letter written by Senator Lieberman
and Representative White
.
The Lieberman/White letter calls on Internet industry leaders to redouble
their efforts to provide parents the tools and advice needed to guide their
children's use of the Net. This letter was sent to the leaders of the
Internet community who attended the Kids Online Summit in December which
followed a July 1997 meeting with the White House.
America saw what happened to the original CDA after being past by the last
Congress -- the Supreme Court unanimously overturned it and told Congress
in no uncertain terms that the Internet was entitled to "the highest
protection from governmental intrusion." But with this Congress nearing its
end, legislators is poised to make the same mistake all over again.
_____________________________________________________________________________
(2) BACKGROUND ANALYSIS
CDT believes the language taken from McCain bill and the Coats bill are
unconstitutional because they both attempt to impose a single national
standard controlling what everyone online can see, think and say.
The McCain bill (Internet School Filtering Act - S. 1619) would force
schools and libraries with federally-subsidized Internet access to use
software filters. Such a federal mandate likely violates the First
Amendment because it places an unconstitutional condition upon receipt of
federal funds. Although the Supreme Court has permitted some limited
restrictions on federally funded speech (Rust v. Sullivan), the First
Amendment forbids government from fashioning broad speech prohibitions by
withholding federal funds.
The Coats bill (CDA II - S.1482) appears to cover a more narrow range of
speech than its predecessor, but still suffers from fundamental
constitutional infirmities which will surely lead to yet another round of
litigation. Moreover, both CDA I & II are ultimately ineffective at
addressing a very real problem: the availability of inappropriate material
online to children.
In 1973 (in Miller v. California), the Supreme Court made 'contemporary
community standards' the law of the land on the regulation of obscenity and
material that is harmful to minors. Indeed, in Ginsberg v. New York, where
the Court upheld restrictions on the sale of material harmful to minors,
the Court explicitly noted that the definition of such material was based
on "prevailing standards in the adult community." But the McCain and Coats
bills ignore--as the CDA ignored--the diversity of moral principles that
hold sway in communities across the nation--and among the thousands of
communities that exist on the Internet. Both bills also ignore the right of
parents to teach their children responsibility and judgment as they see fit.
It IS possible to find ways to protect children online without sacrificing
the free speech values of the First Amendment. Nonprofit organizations and
Internet industry members have been working for many months on solutions
that will help keep children safe on the Internet. For information on a
series of initiatives developed in the aftermath of a major summit meeting
in early December for the entire Internet community -- including
Internet/online service providers, online publishers, software companies,
librarians, educators, children's advocates and civil libertarians -- see
http://www.kidsonline.org . Congress simply shouldn't make a rush to
legislative judgment until it has heard from all of these people.
For more information see:
CDT's Letter to Senate Commerce Committee on CDA II:
http://www.cdt.org/speech/copa/980311commerce.html
and
CDT's Policy Post on the Internet School Filtering Act:
http://www.cdt.org/publications/pp_4.2.html
and
CDT's Policy Post Senate Commerce Committee votes on these Censorship bills
http://www.cdt.org/publications/pp_4.5.html
_____________________________________________________________________________
(3) SUBSCRIPTION INFORMATION
Be sure you are up to date on the latest public policy issues affecting
civil liberties online and how they will affect you! Subscribe to the CDT
Policy Post news distribution list. CDT Policy Posts, the regular news
publication of the Center For Democracy and Technology, are received by
more than 13,000 Internet users, industry leaders, policy makers and
activists, and have become the leading source for information about
critical free speech and privacy issues affecting the Internet and other
interactive communications media.
To subscribe to CDT's Policy Post list, send mail to
majordomo@cdt.org
in the BODY of the message (leave the SUBJECT LINE BLANK), type
subscribe policy-posts
If you ever wish to remove yourself from the list, send mail to the
above address with a subject of:
unsubscribe policy-posts
_____________________________________________________________________________
(4) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
constitutional civil liberties in new computer and communications
technologies.
Contacting us:
General information: info@cdt.org
World Wide Web: http://www.cdt.org/
Snail Mail: The Center for Democracy and Technology
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
(v) +1.202.637.9800 * (f) +1.202.637.0968
----------------------------------------------------------------------------
End Policy Post 4.16
----------------------------------------------------------------------------
