Assaults on Free Speech Headed for the Floor

 

NET CENSORSHIP BILL PASSES COMMITTEE 
NEXT STOP: FULL HOUSE 
MANDATORY FILTERING ALSO ON AGENDA

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Table of Contents 
(1) A Word of Thanks for Your Continued Involvement 
(2) An Update on the Child Online Protection Act (HR 3783) 
(3) Major Features of the Child Online Protection Act and Resources 
(4) Mandatory Filtering Legislation Also a Threat 
(5) ACT NOW 
(6) About the Center for Democracy and Technology ____________________________________________________________________________ 
(1) A WORD OF THANKS FOR YOUR CONTINUED INVOLVEMENT

Many of receiving this were members of the Citizens Internet Empowerment Coalition (CIEC), you played an integral part last year in overturning the Communications Decency Act -- Congress' first attempt to stifle free speech online.

We thought Congress would leave the Net alone, but now there is a new crisis requiring your involvement. Earlier this week, we called upon you to once again join the ranks of First Amendment advocates.

We would like to thank members of this community for responding with urgency and concern about "CDA-II" and "library-filtering" bills, the current threat to free speech online. Your continued participation in the fight against Internet censorship can make a difference. ________________________________________________________________________________ 
(2) AN UPDATE ON THE CHILD ONLINE PROTECTION ACT

Despite our efforts, the House Commerce Committee passed the Child Online Protection Act (HR 3783) on September 24. Like the Communications Decency Act, which was declared unconstitutional by the Supreme Court last year, the HR 3783, sponsored by Rep. Michael Oxley (R-OH), threatens to chill free speech on the Internet. Passage out of the Committee means that the bill could soon go to the House floor -- possibly early next week.

A similar bill has already passed in the Senate ("CDA II" was amended to the Commerce Justice State Appropriations bill by Senator Coats). It is quite possible that Senator Coats will attempt to attach CDA II to other bills on the Senate floor over the next week. A censorship bill could very likely become law this year. However, the fight is far from over -- please stay tuned. ________________________________________________________________________________ 
(3) MAJOR FEATURES OF THE CHILD ONLINE PROTECTION ACT (HR 3783)

* CRIMINAL AND CIVIL PENALTIES The bill makes it a crime for anyone, by means of the World Wide Web, to make any communication for commercial purposes that is "harmful to minors," unless the speaker has restricted access by minors by requiring a credit card number or other age verification procedure.

Age verification systems, while they will not do anything to affect the large-scale pornographers, will impose a burden on many small providers of controversial content, driving some of them offline.

Content that is "harmful to minors" is NOT obscene. It is constitutionally protected for adults. The problem with CDA II, like CDA I, is that it limits the information available to adults online to that which is suitable for children.

Applying a "harmful to minors" standard to the Internet sweeps in a wide range of material, from the Starr report to mainstream literature sold by online bookstores, to R-rated movies and shows available over the Net.

* NEW PRIVACY INTRUSIONS The bill requires adults to surrender their privacy rights in order to exercise their First Amendment rights. By forcing Web sites to verify the age of visitors, the bill will result in the accumulation of information about who is visiting what sites.

For further information regarding this important piece of legislation, consult the following links:

- Text of the Committee Amendment adopted 9/24/98: http://www.cdt.org/legislation/speech/oxley.html

- Constitutional analysis of HR 3783: http://www.cdt.org/speech/constitutional.html

- Summary of CDT Executive Director Jerry Berman's Testimony before the House Subcommittee on Telecommunications (9/11/98): http://www.cdt.org/speech/testimony/jbermantestsum.html

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(4) MANDATORY FILTERING LEGISLATION ALSO A THREAT

During the last hectic weeks of this Congressional session, we also expect Senator McCain (R-AZ) and Representative Oxley (R-OH) to attach "mandatory library and school filtering" bills to legislation on the floor in the House and Senate. The bills condition federal e-rate funding for schools and libraries on the use of filtering technology.

Three major problems caused by this mandatory filtering language:

1. Usurping local communities' ability to set standards that reflect their values. The bills will replace the existing diversity of local community norms with a narrower set of views offered by companies that provide off the shelf filtering and blocking tools. In order to maintain funding libraries and schools may find themselves out of step with their communities' values. This in turn may subject them to litigation. The prospect of schools and libraries being forced by budgetary constraints to choose between forgoing funding or delegating their traditional power to unchecked private entities raises troubling First Amendment issues.

Restricting speech. Several studies of commercial available filters reveal that some block access to a wide range of information, such as religious Web sites including Quaker and Methodist churches, policy websites such as the American Family Association, Web sites focusing on women's health, and many others. If libraries and schools are faced with a limited set of commercially available filtering options, this approach may force them to censor more than they would choose, certainly more than is considered "harmful to minors" in various localities, greatly reducing the information available to library patrons and students. In libraries with only one terminal the requirement to install and activate filtering software will require adults and older minors to affirmatively request access to constitutionally protected information.

Unnecessary, Ineffective and Costly. Libraries and schools are actively pursuing solutions that are responsive and appropriate to their specific missions, goals, and constituencies. Under this bill thoughtful local decision-making would be replaced by a one-size-fits-all technology mandated by the federal government. Purchasing, installing, and maintaining this software is an expensive proposition at a time when most schools and libraries are struggling to connect to the Internet. Requiring school and library employees to stand over children to "unblock" appropriate sites would place a substantial burden on personnel as well, adding to school and library human resource expenses. Yet the federal government threatens to add these expensive unfunded mandates to already-struggling schools and libraries. ________________________________________________________________________ 
(5) ACT NOW

Find your members of Congress: House - http://clerkweb.house.gov/mbrcmtee/members/teledir/members/CDFrame.htm Senate- http://clerkweb.house.gov/mbrcmtee/members/teledir/members/SenFrame.htm

Call your members of Congress and urge them to oppose: 1) The Coats bill 2) The Oxley bill 3) All efforts to stifle free expression on the Internet and any effort to require libraries and schools to filter Internet access and stifle free speech

Call: Speaker of the House Rep. Newt Gingrich (R - GA) (202) 225-4501 House Majority Leader Rep. Dick Armey (R - TX) (202) 225-7772 House Minority Leader Rep. Dick Gephardt (D - MO) (202) 225-2671 Senate Majority Leader Sen. Lott (R - MS) (202) 224-6253 Senate Minority Leader Sen. Daschle SD (202) 224-2321 House Majority Whip Rep. Tom Delay (R - TX) (202) 225-5951 House Minority Whip Rep. David Bonior (D - MI) (202) 225-2106 _______________________________________________________________________ 
(6) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US

The Center for Democracy and Technology is a non-profit public interest organization based in Washington, DC. The Center's mission is to develop and advocate public policies that advance democratic values and constitutional civil liberties in new computer and communications technologies.

Contacting us:

General information: info@cdt.org World Wide Web: http://www.cdt.org/

 Snail Mail: The Center for Democracy and Technology 1634 Eye Street NW * Suite 1100 * Washington, DC 20006 (v) +1.202.637.9800 * (f) +1.202.637.0968