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The Center for Democracy and Technology /____/ Volume 4, Number 5
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Volume 4, Number 5 March 12, 1998
CONTENTS: (1) Senate Commerce Committee Okays Bills to Censor the Internet
(2) How to Subscribe/Unsubscribe
(3) About CDT, Contacting us
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(1) SENATE COMMERCE COMMITTEE OKAYS BILLS TO CENSOR THE INTERNET
The Senate Commerce, Science and Transportation Committee today voted out
of committee two bills that would limit freedom of expression on the
Internet. The committee okayed--by voice vote both times--Sen. John
McCain's bill to require schools and libraries with federally-subsidized
Internet access to use software filters, and Sen. Dan Coats' bill to
criminalize the publication of material 'harmful to minors' on the Internet.
CDT strongly opposes these bills because they violate the First Amendment
by trying to impose a single national standard that would control what
everyone on the Internet can see, think and say--just like the
Communications Decency Act (CDA) did. The U.S. Supreme Court overturned the
CDA last year, and even the Commerce Committee staff admits that the same
fate could befall the Coats bill (which we call the 'Communications Decency
Act II') if it passes. But we believe no one in the Internet community
should take either of today's votes lightly.
The committee took up the McCain bill first. Sen. Conrad Burns made a
valiant effort to amend it by offering language that would eliminate
mandatory filtering and allow schools and libraries to develop a range of
policies to deal with inappropriate material on the Net. Under Sen. Burns'
amendment, a school or library could decide that, instead of using
filtering software, it would institute an honor code for computer users. Or
it could ask students or library users to sign a contract agreeing not to
access certain sites. Or it could take some other action that would protect
minors from inappropriate material. The point of the Burns amendment was
that a school or library shouldn't be required to use one protective
measure if another measure seemed better-suited to its needs.
Sen. Breaux offered another amendment, however, that would require schools
and libraries to use filtering software, but give them a wider choice among
filtering packages. The committee voted to report the McCain bill out of
committee, but it added a significant twist: the McCain bill is not to be
reported to the floor of the Senate until all three Senators -- Burns,
Breaux and McCain-- can agree on wording that reflects a compromise between
their differing points of view.
We consider that vote a good sign because it means that Sen. McCain didn't
succeed in getting the consensus of the committee behind his bill. This
also means that the view is still alive in the committee that the
regulation of Internet material is best left to each local community. As
Sen. Jay Rockefeller said, 'This vote is the most important thing this
committee is doing today.' Sen. Rockefeller noted that he has major
concerns about the schools 'not knowing what's being filtered by these
things they're being forced to assume.' As long as that perspective is
being voiced on the committee, we know we can fight this another day. For
a copy of the McCain bill, click here.
The committee next took up the Coats bill. It's worth noting here that when
the committee staff attorneys described the bill, on the record, they said
that there are still constitutional questions about this bill. In the
committee staff's opinion, even the Coats bill is structured in a way that
attempts to address the issues the Supreme Court raised when it overturned
the original CDA, there still may be constitutional problems. We consider
that a pretty weak recommendation of this bill.
Nevertheless, when the committee took a voice vote on the bill, only Sen.
Ron Wyden voted 'No.' Wyden characterized the vote on the Coats bill as 'a
real step backward' for the committee. 'Whereas the debate over the McCain
bill was trying to provide for local control and increased flexibility,
here the committee is trying to impose a one-size-fits-all solution,
created in Washington.'
CDT weighed in on the Coats bill the day before the vote, when we sent the
committee a letter calling the bill's attempts to impose a nationwide ban
on Internet material 'both ineffective and unconstitutional.' For a copy of
the letter click here.
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(7) SUBSCRIPTION INFORMATION
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(8) 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:
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