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Date: Wed, 27 Dec 1995
To: "Multiple recipients of list •••@••.•••"
Subject: Telecom Post #20 - (@)
Free Speech Media, LLC
Computer Professionals for Social Responsibility
December 22, 1995 Number 20
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Compiled, written, and edited by Coralee Whitcomb
Please direct comments and inquiries to •••@••.•••.
...--this is an excerpt:
FREEDOM OF SPEECH ON THE INTERNET
Censorship took center stage last week when the worst of our
fears were realized. Who would have thought Senator Exon's (D-)
amendment (the Communications Decency Act, CDA) would make it
into law? Early on Newt Gingrich claimed that it was
unconstitutional and appeared to stand as the great defender of
the First Amendment. Then came the big "cyberporn" scare and a
big push from the Christian Right on "family values". Now there
is very little contention in Congress over this provision. Newt
has become silent. It is most likely a done deal. (I'd love
to see a recent GOPAC contribution list.)
Any questions on the constitutionality of the CDA will now have
to take place in the courtroom. The _American Reporter_, an
online magazine, has suggested that it will pursue that course
by publishing an intentionally "indecent" article written by a
judge and then pursue the litigation process to the highest
level.
The state of the language is the following:
A. Criminal penalties of 2 years imprisonment and $100,000 in
fines can be levied upon the knowing transmission of offensive
material to minors. The week of December 4 brought this issue
to the conferee table. Rep. Rick White (R-WA) proposed language
that closely resembled the original Exon amendment but replaced
the standard of "indecency" with the standard of "harmful to
minors". This would have narrowed the test dramatically.
However, Rep. Bob Goodlatte (R-VA) proposed a modification that
returned the wording to "indecent" and it passed 17-16.
- A quick look at standards:
Indecency - used for broadcast media
This standard includes less-than-obscene material including the
"seven dirty words", _Catcher in the Rye_, Ulysses, sex and AIDs
educational literature, photographic, sculpted, and painted
images of nudes, rap lyrics. . .
1. taken as a whole, appeals to the prurient interest in
nudity, sex, or excretion
2. depicts, represents or describes in patently offensive ways,
ultimate sexual acts, normal or perverted, actual or simulated
sadomasochistic acts or abuse; or lewd exhibition of the
genitals, public area, buttocks, or post-pubertal female breasts
Obscenity
1. taken as a whole, appeal to the prurient interest in nudity,
sex, or excretion
2. depicts, represents or describes in patently offensive ways,
ultimate sexual acts, normal or perverted, actual or simulated
sadomasochistic acts or abuse; or lewd exhibition of the
genitals, public area, buttocks, or post-pubertal female breasts
3. taken as a whole, lacks serious literary, artistic,
political, or scientific value
Harmful to minors
1. taken as a whole and with respect to minors, appeals to the
prurient interest in nudity, sex, or excretion
2. depicts, represents or describes in a patently offensive way
with respect to what is suitable for minors, ultimate sexual
acts, normal or perverted, actual or simulated sadomasochistic
acts or abuse; or lewd exhibition of the genitals, public area,
buttocks, or post-pubertal female breasts
3. taken as a whole and with respect to minors, lacks serious
literary, artistic, political, or scientific value for minors.
Those who would be held liable are anyone who
1. "makes, creates, or solicits and initiates the transmission
of, any comment, request, suggestion, proposal, image, or other
communications which is obscene, lewd, lascivious, filthy, or
indecent, with intent to annoy, abuse, threaten, or harass
another person. Or
2. who "uses an interactive computer service to send directly to
any person under 18 years of age, or to send to any interactive
computer service for display in a manner available to a person
under 18 years of age, any comment, request, suggestion,
proposal, image, or other communication that is harmful to
minors, regardless of whether the maker of such communication
placed the call or initiated the communication".
B. Access providers and employers are given protections from
liability for the transmission of offensive material.
C. The FCC is prohibited from regulating content on the
Internet. (This is taken from the Cox/Wyden amendment in HR1555).
D. Industry is encouraged (ala Cox/Wyden) to develop
technologies that will block or screen for offensive material.
The "V-chip" language is included calling on industry to
voluntarily develop a coding system that can be used to develop
filters from the home. Discussions are beginning to develop
over the usefulness of developing an extensive coding system
that will serve as a general information management tool.
....
Happy Holidays everyone. It's been a great year for electronic
grassroots activism. Hopefully, these pioneering efforts will form
the seeds of a new form of citizenship in the years to come.
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Posted by Richard K. Moore (•••@••.•••) Wexford, Ireland
Cyber-Rights: http://www.cpsr.org/cpsr/nii/cyber-rights/
CyberLib: http://www.internet-eireann.ie/cyberlib
** NOTE ** Postings can once again be sent to •••@••.••• **
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