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 not 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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