Representative Tim Johnson (D-SD) recently sent the attached letter to Rep. Jack Fields (R-TX), chairman of the House Subcommittee on Telecommunications and Finance, urging the subcommittee to carefully examine the issues raised by the legislation before rushing to enact it.

In the letter, Johnson clarifies that he sponsored HR 1004 only to facilitate a discussion and hearings on the issue. Johnson writes that while "it is essential for your committee to consider obscenity, harassment, and First Amendment concerns as well as over-all enforceability matters ... it is my hope that you will hold hearings which permit all points of view to be heard before taking any action on this issue."

The House Subcommittee on Telecommunications and Finance is currently drafting legislation to overhaul the Nation's telecommunications laws. A modified version of the Exon/Gorton "Communications Decency Act" (S. 314) was incorporated into similar legislation approved last month by the Senate Commerce Committee.

HR 1004 is the House counterpart to the Exon/Gorton Communications Decency Act, which would criminalize the transmission of any content deemed "obscene, indecent, lewd, lascivious, filthy, or harassing." Unlike the Senate version, HR 1004 has not been modified since its introduction.

The Letter

April 3, 1995

The Honorable Jack Fields
Chairman 
Subcommittee on Telecommunications 
 and Finance
House Committee on Commerce
2125 Rayburn House Office Building
Washington, DC 20515

Dear Jack:

I am writing to you today relative to legislation which I have sponsored,
HR 1004, a house counterpart to Senator Exon's S. 314, the Communications
Decency Act.  S. 314 was recently incorporated by voice vote into the
Senate Commerce Committee's telecommunications reform legislation.  The
amendment attempts to update the Communications Act of 1934 by providing
users of digital communications the same protections telephone users
currently have against obscene, indecent, or harassing telephone calls.

I want to advise you that I have sponsored HR 1004 simply as a beginning
point for hearings and discussion and not necessarily to propose that this
bill, or any bill for that matter, is necessarily the proper response to
concerns over obscenity. While it appears that the Exon provision as
amended goes a long way to address the liability questions by exempting
companies or entities which merely provide transmission services for the
Internet, I remain concerned that this issue needs a thorough examination
through the hearing process.

It is essential for your committee to consider obscenity, harassment, and
First Amendment concerns as well as over-all enforceability matters.  For
that reason, it is my hope that you will hold hearings which will permit
all points of view to be heard before taking any action on this issue.
Hopefully, you and your committee will have an opportunity to consider this
important issue in a carefully deliberative fashion which will balance
concerns for children and others from unwanted obscene material on the
Internet with free and enhanced use of the Internet. It may very well be
that this balance is best achieved by voluntary means rather than by new
legislation, but I will be appreciative of your willingness to carefully
investigate this complex issue.

Thank you for your attention to this matter.

Sincerely, 
{sig}
Tim Johnson

cc:     Ed Markey
        Ranking Minority Member
        Subcommittee on Telecommunications and Finance