In addition to passing the Cox/Wyden amendment on August 4, 1995, the House of Representatives also approved changes to existing federal criminal laws covering the distribution of obscenity. The amendments, incorporated as part of the "managers amendment" to the telecommunications reform bill (HR 1555), seek to clarify that current federal law applies to computer networks.
These new provisions are inconsistent with the Cox/Wyden amendment, and are opposed by several prominant members of both the House and Senate, including Representatives Cox and Wyden as well as Senators Leahy and Finegold.
CDT believes that these amendments are unconsitutional and overly broad. They would criminalize constitutionally protected speach and would make service providers laible merely for providing access to the Internet to a minor. CDT will work vigoursly to ensure that these provisions are removed from the final telecommunications reform bill.
Below are the statuates as amended by the House bill:
NOTE: additions are noted in UPPERCASE, deletions are in [brackets].
** 18 USC 1462. IMPORTATION OR TRANSPORTATION OF OBSCENE MATTERS
Whoever brings into the United States, or any place subject to the
jurisdiction thereof, (INCLUDING BY COMPUTER) or knowingly uses
any express company or other common carrier, for carriage in
interstate or foreign commerce --
(a) any obscene, lewd, lascivious, or filthy book, pamphlet,
picture, motion picture film, paper, letter, writing, print, or
other matter of indecent character; or
(b) any obscene, lewd, lascivious, or filthy phonograph
recording, electrical transcription, or other article or thing
capable of producing sound; or
(c) any drug, medicine, article, or thing designed, adapted, or
intended for producing abortion, or for any indecent or immoral
use; or any written or printed card, letter, circular, book,
pamphlet, advertisement, or notice of any kind giving
information, directly or indirectly, where, how, or of whom, or
by what means any of such mentioned articles, matters, or
things may be obtained or made; or
Whoever knowingly takes OR RECEIVES from such express company
or other common carrier, OR BY COMPUTER, any matter or thing
the carriage OR IMPORTATION of which is herein made unlawful --
Shall be fined under this title or imprisoned not more than five
years, or both, for the first such offense and shall be fined under
this title or imprisoned not more than ten years, or both, for each
such offense thereafter.
18 USC 1465. Transportation of Obscene Matters for Sale or Distribution
Whoever knowingly [transports in] TRANSPORTS OR TRAVELS IN, OR
USES A FACILITY OR MEANS OF interstate or foreign commerce,
(INCLUDING A COMPUTER IN OR AFFECTING SUCH COMMERCE) for the
purpose of sale or distribution [or knowingly travels in interstate
commerce, or uses a facility or means of interstate commerce for the
purpose of transporting obscene material in interstate or foreign
commerce] OF, any obscene, lewd, lascivious, or filthy book,
pamphlet, picture, film, paper, letter, writing, print, silhouette,
drawing, figure, image, cast, phonograph recording, electrical
transcription or other article capable of producing sound or any other
matter of indecent or immoral character, shall be fined under this
title or imprisoned not more than five years, or both.
The transportation as aforesaid of two or more copies of any
publication or two or more of any article of the character described
above, or a combined total of five such publications and articles,
shall create a presumption that such publications or articles are
intended for sale or distribution, but such presumption shall be
rebuttable.
WHOEVER INTENTIONALLY COMMUNICATES BY COMPUTER IN OR AFFECTING
INTERSTATE OR FOREIGN COMMERCE, TO ANY PERSON THE COMMUNICATOR
BELIEVES HAS NOT ATTAINED THE AGE OF 18 YEARS, ANY MATERIAL THAT, IN
CONTEXT, DEPICTS OR DESCRIBES, IN TERMS PATENTLY OFFENSIVE AS MEASURED
BYu CONTEMPORARY COMMUNITY STANDARDS, SEXUAL OR EXCRETORY ACTIVITIES OR
ORGANS, OR ATTEMPTS TO DO SO, SHALL BE FINED UNDER THIS TITLE OR
IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH.