1996-01-04
Craig A. Johnson
Below is an excerpt from the latest CDT policy post, detailing the
state of play on the "indecency" provisions of the telecom bill still
in conference committee.
I am including only the legislative description and analysis by CDT.
You can obtain the official language by contacting CDT or visiting
its Web page -- information at end of post.
-caj
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Date: Thu, 4 Jan 1996 17:50:55 -0500
From: •••@••.••• (•••@••.•••)
Subject: CDT Policy Post No.33 -- Latest Text of CDA
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** ** ** *** POLICY POST
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** ** ** *** January 4, 1996
** ** ** *** Number 33
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A briefing on public policy issues affecting civil liberties online
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- CDT POLICY POST Number 33 January 4, 1996
CONTENTS: (1) Overview of Latest Version of the CDA -- Still
Unconstitutional
(2) Text of the latest proposal
(3) Subscription Information
(4) About CDT, Contacting Us
This document may be re-distributed freely provided it remains in its
entirety. Excerpts may be re-posted by permission (•••@••.•••)
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(1) TEXT OF LATEST VERSION OF THE CDA -- STILL UNCONSTITUTIONAL
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 free-nets, 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).
The full text of the new proposal is attached below.
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
URL:http://www.vtw.org/
Or send email to •••@••.••• with 'send alert' in the subject line.
<text of proposal elided>
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---- (2) HOW TO SUBSCRIBE TO THE CDT POLICY POST LIST
CDT Policy Posts, which is what you have just finished reading, are
the regular news publication of the Center For Democracy and
Technology. CDT Policy Posts are designed to keep you informed on
developments in public policy issues affecting civil liberties online.
SUBSCRIPTION INFORMAITON
In order to subscribe to CDT's Policy Post list, send mail to
•••@••.•••
with a subject:
subscribe policy-posts
If you ever wish to remove yourself from the list, send mail to the
above address with a subject of:
unsubscribe policy-posts
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(3) 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 constitutional
civil liberties and democratic values in new computer and
communications technologies.
Contacting us:
General information: •••@••.•••
World Wide Web: URL:http://www.cdt.org
FTP URL:ftp://ftp.cdt.org/pub/cdt/
Snail Mail: The Center for Democracy and Technology
1001 G Street NW * Suite 500 East * Washington, DC 20001
(v) +1.202.637.9800 * (f) +1.202.637.0968
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End Policy Post No. 33 1/6/96
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