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Petition Rationale

We oppose the "Communications Decency Act", sponsored by Senators James Exon (D-NE) and Slade Gorton (R-WA), for the following reasons:

• It criminalizes the transmission of constitutionally protected speech, including the private communications between consenting individuals;

• It would violate privacy rights by protecting system administrators who take steps to ensure that their networks are not being used to transmit prohibited content, even if those steps include reading all messages.

• It fails to account for the unique characteristics of interactive media, including the tremendous control users have over the content they or their children receive.

• It would give the Federal Communications Commission jurisdiction over online speech by giving the FCC authority to establish rules governing the distribution of content online;

The Internet and other interactive communications technologies offer a unique opportunity for the free exchange of information and ideas, and embody the very essence of our nation's democratic traditions of openness, diversity and freedom of speech.

As users of these technologies, we know perhaps better than anyone that there are other, less restrictive ways to protect children from controversial materials while preserving the First Amendment and the free flow of information.

Senator Leahy's bill provides an opportunity to address the issues raised by the Communications Decency Act without restricting the free speech and privacy rights of users.

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Answers to some of your questions

• Status of the Communications Decency Act -- Senate Vote Expected Soon
• What is Senator Leahy Proposing & Why Should I Support It?
• Why Do We Need Another Petition?
• Supporting Organizations

For More Information

• CDT's Communications Decency Act Page
  Contains:
  • Text of the CDA and Senator Leahy's Alternative
  • CDT Analyses
  • Press Coverage of the Communications Decency Act
  • And More...
• How Can I Recieve Updates on the Petition Effort?

Status of the CDA -- Senate Vote Expected Soon

The Senate is expected to on vote the Communications Decency Act (CDA, a.k.a. the Exon Bill) within the next three weeks.

The Communications Decency Act, in its current form, would severely restrict your rights to freedom of speech and freedom of expression online, and represents a grave threat to the very nature and existence of the Internet as we know it today. Without you r help now, the Communications Decency Act will likely pass and the net may never be the same again.

Although the CDA has been revised to limit the liability of online service providers, it would still criminalize the transmission of any content deemed "obscene, lewd, lacivious, filthy, or indecent," including the private communications between consentin g adults. Even worse, some conservative pro-censorship groups are working to amend the CDA to make it even more restrictive.

Currently, Senator Exon is negotiating with conservative pro-censorship groups and commercial entities that would be affected by the CDA. The voices of Internet users must be heard now. We need to demonstrate that we are a political force to be reckoned w ith.

In an effort to preserve your rights in cyberspace, Senator Patrick Leahy (D-VT) has introduced the only legislative alternative to the Communications Decency Act. Senator Leahy is willing to offer his bill as a substitute for the CDA, but needs your sup port behind his efforts.

Senator Leahy's legislation would commission a study to examine the complex issues involved in protecting children from controversial content while preserving the First Amendment, the privacy rights of users, and the free flow of information in cyberspace .

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ANOTHER PETITION?

Yes. With a strong showing of support from the net.community, Senator Leahy can offer his bill as a substitute for the Communications Decency Act when the Senate votes on the issue later this month. Senator Leahy needs and wants to demonstrate to his co lleagues in the Senate that the net.community is behind him in his efforts. We must rise to the task and demonstrate that we will not sit idly by as our rights are threatened.

Senator Leahy, a strong civil liberties advocate, has been the Senate's most vocal critic of the Exon/Gorton Communications Decency Act, and has taken a leading role in defending the rights and civil liberties of Internet users. Senator Leahy has taken a great political risk in representing the interests of Internet users on Capitol Hill. The time has come for us to show our appreciation and our support for his efforts.

The previous petition against the Communications Decency Act generated over 108,000 signatures, and was instrumental in Senator Leahy's decision to offer his alternative As the Senate moves to vote on the CDA, we must act quickly to ensure that our coll ective voice continues to be heard.

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WHAT IS LEAHY PROPOSING?

Senator Leahy's bill, S. 714, would direct the Department of Justice and the Department of Commerce to commence a 5 month study to examine:

• Current law enforcement authority to prosecute the distribution of pornography over computer networks;

• Whether any additional law or law enforcement resources are necessary;

• The availability of technological capabilities, consistent with the First Amendment and the free flow of information in Cyberspace, to protect children from accessing controversial commercial and non-commercial content;

• Ways to promote the development and deployment of such technologies.

After conducting the study, the Justice Department must report to Congress on its findings, and, if necessary, recommend changes in current law.

Leahy's bill represents the only substantive legislative alternative to the Communications Decency Act, and will buy important time to have a detailed and rational discussion about the issues involved in protecting children from controversial content, and avoid the rush to censorship which is occurring now on the Senate Floor.

Without a strong show of support for Leahy's bill, the Communications Decency Act is very likely to pass.

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Petition updates will be posted to appropriate newsgroups and other forums on a regular basis. Updates will also be posted in this space.

To have the latest status report sent to you automatically, send email to: p-update@cdt.org

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Supporting Organizations

In order to use the net more effectively, several organizations have joined forces on a single Congressional net campaign to stop the Communications Decency Act. The following organizations have signed onto the petition to support the Leahy alternative.

In alphabetical order:

Art on the Net                                   http://www.art.net
Californians Against Censorship Together         BobbyLilly@aol.com
Center For Democracy And Technology (CDT)              info@cdt.org
Cyber-Rights Campaign                         cyber-rights@cpsr.org
Electronic Frontier Foundation (EFF)                   info@eff.org
 ** NOTE -- EFF has no local chapters *
Electronic Frontier Canada           shallit@graceland.uwaterloo.ca
Electronic Frontiers Houston                            efh@efh.org
Feminists For Free Expression (FFE)                     FFE@aol.com
Florida Coalition Against Censorship          pipking@mail.firn.edu
Hands Off! The Net                               baby-x@phantom.com
Inner Circle Technologies, Inc.  aka. NovaLink
National Libertarian Party                73163.3063@compuserve.com           
Marijuana Policy Project                          MPProject@AOL.com
MindVox                                          system@phantom.com
National Public Telecomputing Network (NPTN)          info@nptn.org
National Writers Union (UAW Local 1981 AFL-CIO)   kip@world.std.com
Panix Public Access Internet                         info@panix.com
People for the American Way                      jlessern@reach.com
Society for Electronic Access                           sea@sea.org
The WELL                                              info@well.com
Voters Telecommunications Watch (VTW)                   vtw@vtw.org

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