CDT's Analysis of the latest Communications Decency Act

(From CDT Policy Post No. 33, January 4, 1996)

The House/Senate telecommunications reform conference committee has released a preliminary draft of the final telecommunications reform bill, which includes provisions which would impose broad government regulations on constitutionally protected speech online. The text of these provisions is attached below.

The attached version of the CDA contains the changes approved at the December 6, 1995 conference committee meeting, where members voted to adopt Rep. Rick White's proposal but with significant changes, including a return to the unconstitutional "indecency" standard (See CDT Policy Post No. 32, 12/6/95).

The conferees have made several important changes to the legislation, none of them are particularly favorable to cyberspace-rights advocates. Among other things, the latest draft:

• Relies on the vague and blatantly unconstitutional "indecency" standard (Sec 502 (a) - (c))

• Prohibits sending "indecent" material directly to a minor or making indecent material available for display in a manner available to a minor (including world wide web pages, ftp sites, or usenet newsgroups) (Sec 502 (d)).

• No longer contains the provision of the Cox/Wyden/White bill prohibiting the FCC from imposing content or other regulations on the Internet or other interactive media.

• Contains weaker protections for content providers who label content and enable others to block it (e.g., PICS) have been weakened (Sec 502 (e)(5).

• Would allow states to impose additional restrictions on non-commercial activities such as freenets, BBS's, and non-profit content providers (Sec 502 (h)).

• Creates a new crime for the solicitation of minors using a computer, the US mail, or any other means of interstate or foreign commerce (Sec 508).

CDT believes that this proposal threatens the very existence of the Internet as a means for free expression, education, and political discourse. The proposal is an unwarranted, unconstitutional intrusion by the Federal government into the private lives of all Americans.

NEXT STEPS: FINAL AGREEMENT NOT YET REACHED, VOTE COULD OCCUR SOON

As you know, the CDA is part of the massive telecommunications reform legislation, which is currently being considered by a House/Senate conference committee.

The conference committee has not reached agreement on several key issues, including whether the FCC should be permitted to regulate the Internet, broadcast ownership rules, and other issues. Reps. Rick White, Chris Cox, and others are currently fighting to retain the provisions baring the FCC from regulating online content. A final vote by the conferees to send the bill to the full congress will not occur until an agreement is reached on this and other outstanding issues.

As of Thursday January 4, 1996, the conferees have NOT yet voted to send a version of the legislation to the Full House and Senate for a final vote. No vote has been scheduled, and House Speaker Newt Gingrich has stated that no vote will occur until Congress finishes work on the Budget.

CDT will continue to fight these provisions, and will work to remove them from the final telecommunications bill. We are also preparing to fight this issue in court, if necessary.

WHAT YOU CAN DO TO HELP

The Voters Telecommunications Watch (VTW) has organized an online coalition (of which CDT is a member) against the net-censorship bill. To find out what you can do to fight this bill, visit VTW's web page

http://www.vtw.org

Or send email to vtw@vtw.org with 'send alert' in the subject line.