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Started by David Smith
Mon, 06 Nov 1995 00:00
(ALERT) Religious Right threatens to shutdown net; call now
Author: David Smith
Date: Mon, 06 Nov 1995 00:00
Date: Mon, 06 Nov 1995 00:00
610 lines
29788 bytes
29788 bytes
And so begins Round 3 of the Great Internet Sex Panic of 1995 : >Date: Sun, 5 Nov 1995 21:29:43 -0500 (EST) >From: "Shabbir J. Safdar" <shabbir@vtw.org> >Subject: (ALERT) Religious Right threatens to shutdown net; call now >Precedence: list >To: action@eff.org (action mailing list) >X-Proccessed-By: mail2list > >======================================================================== > CAMPAIGN TO STOP THE EXON/COATS COMMUNICATIONS DECENCY ACT > (SEE THE LIST OF CAMPAIGN COALITION MEMBERS AT THE END) > > Update: -Latest News: > The Christian Coalition is pushing Congress to censor > the net more heavily than even Sen. J.J. Exon ever imagined. > There is the very real possibility that they may succeed. > > You should be very worried. We are. > > -What You Can Do Now: > Follow the directions below and call House Speaker > Gingrich and Senate Leader Dole. Implore them not > to allow parents to make choices for their children, > instead of government censors. > > Volunteer to join the fight by helping organize in your > home town. > > CAMPAIGN TO STOP THE UNCONSTITUTIONAL COMMUNICATIONS DECENCY ACT > Nov 2, 1995 > > PLEASE WIDELY REDISTRIBUTE THIS DOCUMENT WITH THIS BANNER INTACT > REDISTRIBUTE ONLY UNTIL December 1, 1995 > REPRODUCE THIS ALERT ONLY IN RELEVANT FORUMS > >________________________________________________________________________ >CONTENTS > The Latest News > What You Can Do Now > The letter from Ed Meese and the Christian Right > Chronology of the CDA > For More Information > List Of Participating Organizations > >________________________________________________________________________ >THE LATEST NEWS > >Since the very first day that Senator J.J. Exon (D-NE) proposed censorship >legislation for the Internet, the Christian Right has pushed for the most >restrictive regulations they could think of. > >The Religious Right (which does not necessarily speak for all religious >people concerned with this issue) recently tipped their hand in a letter >to Sen. Larry Pressler (R-SD) and Rep. Thomas Bliley (R-VA) requesting >a new and more restrictive net censorship proposal. > >There are essentially three new dangerous elements of their campaign >to shut down cyberspace: > > >INTERNET PROVIDERS, ONLINE SERVICES, AND LIBRARIES CRIMINALLY LIABLE FOR > EXPRESSION ONLINE >The Religious Right has proposed to hold anyone who provides access to the >Internet or other interactive media, including online services providers, >ISP's, BBS's, Libraries, and Schools, criminally liable for all speech >carried on the network. > >In order to avoid liability under this provision, service providers would be >forced to monitor user's electronic communications to be assured that >no "indecent" material is transmitted across their networks. > >This proposal is MORE RESTRICTIVE than the Exon Communications Decency Act, >or any other net censorship legislation currently in Congress. > >In their letter to Congress, the Religious Right says: > > [Providers] would simply be required to avoid KNOWING violations of > the law. [emphasis added] > >However, the "knowing" standard is vague enough that the mere knowledge >that such material exists could be sufficient to trigger criminal liability. >A single complaint or even a news report could force a service provider to >take down a web page, remove posts to chat rooms or other discussion >forums, or shut down listservs in order to avoid going to jail and facing >huge fines. > > >A STANDARD FOR INDECENCY >The proposals pushed by the Christian Coalition relies on the >unconstitutional "indecency standard". Like the Exon Communications >Decency Act, the Christian Coalition seeks to regulate all indecent >speech online. > >Indecency is a broad category that includes everything from George Carlin's >"seven dirty words" to such classic novels and "The Catcher in the Rye" and >"Lady Chatterly's Lover". > >The Supreme Court has ruled that restrictions on indecent speech are >Constitutional only if they rely on the "least restrictive means". Broad >indecency restrictions on interactive media do not satisfy the "least >restrictive means" test, because interactive media allows users and >parents tremendous control over the information they receive. > >Any legislation which attempts to apply an indecency restriction to the >Internet is unconstitutional on its face. > >The Christian Coalition's proposal that relies on an indecency >restriction contemplates dumbing down every conversation, web page, >newsgroup, and mailing list on the Internet to the level of what is >not offensive to children. > >What kind of discussions between adults are possible in an arena >where everything has been reduced to the level of the Lion King? > > >UNPRECEDENTED CONTROL OVER ONLINE SPEECH FOR THE FCC >The Christian Coalition would give the FCC broad jurisdiction over >cyberspace. It would allow the FCC jurisdiction over your online >speech, and over the design Internet software, such as web browsers and >filtering programs that parents can use to control their children's >access to the Internet. > >The Internet has developed from a government project to a market-driven >economic boom for thousands of businesses. Giving the FCC authority over >this medium would significantly hinder the growth of this new industry. > >________________________________________________________________________ >WHAT YOU CAN DO NOW > >1. The proposals from the Religious Right will literally destroy online > speech as we know it. The odds of stopping this are not certain. > > There is a very real chance that this legislation will pass, and > we will experience a period of uncertainty and chilling of speech > while an appropriate test case attempts to reach the Supreme Court > (should it even get there!) > > The Religious Right has a strong grass-roots network. We need to > counter their energy and ensure cyberspace is not lost due to them. > > IMMEDIATELY CALL House Speaker Gingrich (R-GA) and Senate Leader > Dole (R-KS) and urge them to oppose the Christian Coalition's > proposal. > > Name, Address, and Party Phone Fax > ======================== ============== ============== > R GA Gingrich, Newt 1-202-225-4501 1-202-225-4656 > R KS Dole, Robert 1-202-224-6521 1-202-224-8952 > > If you're at a loss for words, try one of the following: > > Please oppose the recent proposal from the Religious Right to > censor the Internet. The only effective way to address children's > access to the Internet is through parental control tools outlined > by the Cox/White/Wyden approach. > or > As a religious person and a parent, I oppose the Religious Right's > attempts to censor the Internet. I am the best person to monitor > my child's access to the Internet using parental control tools > as outlined in the Cox/White/Wyden approach. > >2. Join the online fight by becoming a volunteer for your district! > > Check to see if you're legislator is in the list below. If they are > not, consult the free ZIPPER service that matches Zip Codes to > Congressional districts with about 85% accuracy at: > > URL:http://www.stardot.com/~lukeseem/zip.html > > The conference committee legislators are: > House: Barr (R-GA), Barton (R-TX), Berman (R-CA), Bliley (R-VA), > Boucher (D-VA), Brown (D-OH), Bryant (D-TX), Buyer (R-IN), > Conyers (D-MI), Dingell (D-MI), Eshoo (D-CA), Fields (R-TX), > Flanagan (R-IL), Frisa (R-NY), Gallegly (R-CA), Goodlatte (R-VA), > Gordon (D-TN), Hastert (R-IL), Hoke (R-OH), Hyde (R-IL), > Jackson-Lee (D-TX), Klug (R-WI), Lincoln (D-AR), Markey (D-MA), > Moorhead (R-CA), Oxley (R-OH), Paxon (R-NY), Rush (D-IL), > Schaefer (R-CO), Schroeder (D-CO), Scott (D-VA), Stearns (R-FL), > White (R-WA) > Senate: Burns (R-MT), Exon (D-NE), Ford (D-KY), Gorton (R-WA), > Hollings (D-SC), Inouye (D-HI), Lott (R-MS), McCain (R-AZ), > Pressler (R-SD), Rockefeller (D-WV), Stevens (R-AK) > > If your legislator is on the conference committee, you have a chance > to influence their vote on this issue with your power as a constituent. > Volunteer to help educate your legislator by sending mail to > volunteer@vtw.org. A coalition volunteer will be in touch with you. > > You can starting working to help spread the word in your district by > sending this letter to five friends. Ask them to call Dole and Gingrich > as well. > >3. The People for the American Way (PFAW) and the American Civil Liberties > Union are organizing a letter from ORGANIZATIONS to the Conference > Committee to oppose the censorship provisions. > > If you are a representative of an organization that would like to > signon to this letter, you should contact jlesser@pfaw.org IMMEDIATELY. > >4. We can't suggest relaxing at this point. The stakes are too high, and > the risk is too great. Everything now hangs in the balance. > >________________________________________________________________________ >THE LETTER FROM ED MEESE AND THE CHRISTIAN RIGHT > >October 16, 1995 > >The Honorable Thomas J. Bliley, Jr. Chairman >Committee on Commerce >United States House of Representatives >Washington, DC 20515 > >The Honorable Larry Pressler, Chairman >Committee on Commerce, Science, and Transportation >United States Senate >Washington, DC 20510 > >Re: Computer Pornography Provisions in Telecommunications Bill > >Dear Mr. Chairmen: > >We are writing to urge the conference committee seeking to reconcile the >telecommunications bills passed by the House and Senate include in the >final bill the strongest possible criminal law provisions to address the >growing and immediate problem of computer pornography without any >exemptions, defenses, or political favors of any kind accorded to those >who knowingly participate in the distribution of obscenity to anyone or >indecency to children. While there is no perfect solution to the problem >of computer pornography, Congress could not hope to solve this problem by >holding liable only some who are responsible for the problem. > >The recent Justice Department prosecution project targeting those who >violated federal child pornography law using America On-Line is >instructive in this regard. More than ninety individuals were targeted for >prosecution although many others, perhaps as many as 3,000 according to >one press report, were originally targeted by the Department of Justice as >potential violators of child pornography laws. Apparently due to a >shortage of investigative and prosecutorial resources, the project was >limited. Since there are insufficient resources to investigate and >prosecute but a fraction of those that are trafficking in child >pornography by computer, then there will likely be even fewer resources >available to investigate and prosecute those involved in obscenity and >indecency. > >Thousands of individuals both in this country and abroad are regularly >placing obscenity and indecency on the Internet. It is not possible to >make anything more than a dent in the serious problem of computer >pornography if Congress is willing to hold liable only those who place >such material on the Internet while at the same time giving legal >exemptions or defenses to service or access providers who profit from and >are instrumental to the distribution of such material. The Justice >Department normally targest the major offenders of laws. In obscenity >cases prosecuted to date, it has targeted large companies which have been >responsible for the nationwide distribution of obscenity and who have made >large profits by violating federal laws. Prosecution of such companies has >made a substantial impact in curbing the distribution of obscenity, with >many such offenders going out of business altogether. So too will >prosecution of access providers which _knowingly_ traffic in obscenity >have a substantial impact, a far greater impact than just the prosecution >of a person who places one or a few prohibited images on the Internet. >Such a person could not traffic in pornography without the aid or >facilitation of the service or access providers. Indeed, if Congress >includes provisions protecting access or service providers in whatever >bill is finally passed, it is likely that most in this country who are >trafficking in indecency to children or obscenity would continue to do so >since the threat of prosecution would be minuscule, given the numbers of >those currently involved in this activity. It is also likely that those >outside our country who are engaged in these activities would continue to >do so since it would be nearly impossible to extradite them to the United >States for prosecution. Thus, unless all who knowingly participate in such >matters are subject to the law, the Internet will remain the same and >Congress will have failed in its responsibilities to the children and >families of America. > >Federal law has traditionally assigned equal liability both for those who >commit a crime and those who aid and abet a crime. See Title 18 U.S.C. >Code Section 2: "(a) whoever [sic] commits an offense against the United >States or aids, abets, councils [sic], commands, induces, or procures its >commission, is punishable as a principle [sic]." Service or access >providers who knowingly participate in the distribution of indecency to >children or in obscenity to anyone are aiders and abettors in the >commission of those crimes and thus should have liability under any law >Congress passes. Current federal law on child pornography provides no no >exemption or defense for access providers. Thus, the child pornography law >provides a strong deterrent against trafficking in child pornography for >those who would otherwise knowingly participate in its distribution by >computer whether pedophile or access provider. > >The changes in law which we support would not hold an access provider >criminally liable for all illegal pornography on the Internet which their >services may be used to obtain. Nor would it require that access providers >check all communications to ensure that no violations of the law are >occurring. They would simply be required to avoid knowing violations of >the law. This is an obligation imposed on all citizens. Technology exists >today for access providers, through a simple process, to target or flag >and remove files containing objectionable material. > >We support the House-passed language insofar as it addresses obscenity by >amendment Title 18, Sections 1462, 1465, and 1467 of the United States >Code. The provision restricting transmission of indecency in the House-passed >bill, an amendment to Section 1465, is inadequate, and we urge that it be >substantially revised. > >Attached is the specific language we support which includes the House >passed language on obscenity and includes revisions on both the House >passed language on indecency, which would amend Title 18 and the >Senate-passed language on indecency, which would amend Title 47. The >combination of these provisions, we believe, would provide effective laws >to curb obscenity and indecency on the Internet by establishing that all >who knowingly participate in the distribution or facilitation of obscenity >to anyone or indecency to children would be subject to the law. > >Thank you for your concern and attention to this matter. > > >[signed] > >Edwin Meese III > >Ralph Reed >Christian Coalition > >Donald E. Wildmon >American Family Association > >Alan Sears, Former Executive Director >Atty General's Commission on Pornography > >Phyllis Shafly >Eagle Forum > >Beverly LaHaye >Concerned Women for America > >Reverend Louis P. Sheldon >Traditional Values Coalition > >Jay Sekulow >American Center for Law and Justice > >Paul Weyrich >Free Congress Foundation > >Paul McGeady >Morality in Media > >Len Munsil >National Family Legal Foundation > >Robert Peters >Morality in Media > >Kenneth Sukhia >Former United States Attorney, N.D., FL >Former Chairman, Atty General's Advisory Committee >Subcommittee on Child Exploitation and Obscenity > > >-------------------------- > > >Section 1465 of Title 18, United States Code, is amended to punish >distribution by computer of indecent material to minors by adding at the >end the following: > >Whoever knowingly communicates, transmits, or makes available for >communication or transmission, in or effecting interstate or foreign >commerce an indecent communication by computer to any person the >communicator or transmitter believes has not attained the age of 18 years >of age, knowing that such communication will be obtained by a person >believed to be under 18 years of age, shall be fined under this title or >imprisoned not more than five years, or both. > >TITLE IV -- OBSCENE, HARASSING, AND WRONGFUL UTILIZATION OF >TELECOMMUNICATIONS FACILITY > >SEC. 401. SHORT TITLE > This title may be cited as the "Communications Decency Act of >1995". > >Sec. 402. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER >THE COMMUNICATIONS ACT OF 1934 > >Section 223 (47 U.S.C. 223) is amended -- > (1) by striking subsection (a) and inserting in lieu of [sic]: > ``(a) Whoever-- > ``(1) in the District of Columbia or in interstate or foreign >communications -- > ``(A) by means of telecommunications device knowingly-- > ``(i) makes, creates, or solicits, and > ``(ii) initiates the transmission of, > any comment, request, suggestion, proposal, image, or other > communication which is obscene, lewd, lascivious, filthy, or > indecent, with intent to annoy, abuse, threaten, or harass > another person; > ``(B) makes a telephone call or utilizes a > telecommunications device, whether or not conversation or > communication ensues, without disclosing his identity and > with intent to annoy, abuse, threaten, or harass any person > at the called number or who receives the communication; > ``(C) makes or causes the telephone of another repeatedly > or continuously to ring, with intent to harass any person at > the called number; or > ``(D) makes repeated telephone calls or repeatedly > initiates communication with a telecommunications device, > during which conversation or communication ensues, solely to > harass any person at the called number or who receives the > communication; > ``(2) knowingly permits any telecommunications facility > under his control to be used for any activity prohibited by > paragraph (1) with the intent that it be used for > such activity, > > shall be fined not more than $100,000 or imprisoned not more > than two years, or both.''; and > > (2) by adding at the end the following new subsections: > > ``(d) Whoever-- > ``(1) knowingly within the United States or in foreign > communications with the United States by means of > telecommunications device makes or makes available any > indecent communication in any form including any comment, > request, suggestion, proposal, or image, to any person under > 18 years of age regardless of whether the > maker of such communication placed the call or initiated the > communication; or > ``(2) knowingly permits any telecommunications facility > under such person's control to be used for an activity > prohibited by paragraph (1) with the intent that it be > used for such activity, > shall be fined not more than $100,000 or imprisoned not more > than two years or both. > ``(e) Defenses to subsections (a) and (d), restrictions on > access, judicial remedies respecting restrictions for > persons providing information services and > access to information services-- > "(1) It is a defense to prosecution that a person has complied > with regulations designed to restrict access to indecent > communications to those 18 years old or older as enacted by the > Federal Communications Commission which shall prepare final > regulations within 120 days of the passage of this bill. Until > such regulations become effective, it is a defense to > prosecution that the person has blocked or restricted access > to indecent communications to any person under 18 years > of age through the use of verified credit card, adult access > code, or adult personal identification number (PIN). > Nothing in this subsection shall be construed to treat > enhanced information services as common carriage." > "(2) No cause of action may be brought in any > court or any administrative agency against any person on account > of any activity which is not in violation of any law punishable > by criminal or civil penalty, which activity the person has taken in > good faith to implement a defense authorized under this section or > otherwise to restrict or prevent the transmission of, or access to, > a communication specified in this section. > (f) Nothing in this subsection shall preclude any State or > local government from enacting and enforcing laws and regulations > which do not result in the imposition of inconsistent obligations on > the provision of interstate services. Nothing in this subsection > shall preclude any State or local government from governing conduct > not covered by subsection (d)(2)." > (g) Nothing in subsection (a), (d), or (e) or in the > defenses to prosecution under (e) shall be construed > to affect or limit the application or enforcement of any other > Federal law. > (h) The use of the term 'telecommunications device' in this > section shall not impose new obligations on (one-way) broadcast > radio or (one-way) broadcast television operators licensed by the > Commission or (one-way) cable services registered with the > Federal Communications Commission and covered by obscenity and > indecency provisions elsewhere in this Act. > >Sec. 403. OBSCENE PROGRAMMING ON CABLE TELEVISION. > > Section 639 (47 U.S.C. 559) is amended by striking "10,000" and >inserting "$100,000" > >Sec. 404. BROADCASTING OBSCENE LANGUAGE ON THE RADIO. > > Section 1466 of Title 18, United States Code, is amended by >striking out "$10,000" and inserting "$100,000". > >Sec. 405 SEPARABILITY > > "(a) If any provision of this Title, including amendments to this >Title of [sic] the application thereof to any person or circumstance is >held invalid, the remainder of this Title and the application of such >provision to other persons or circumstances shall not be affected >thereby." > >________________________________________________________________________ >CHRONOLOGY OF THE COMMUNICATIONS DECENCY ACT > >Sep 26, '95 Sen. Russ Feingold urges committee members to drop > Managers Amendment and the CDA from the Telecommunications > Deregulation bill >Aug 4, '95 House passes HR1555 which goes into conference with S652. >Aug 4, '95 House votes to attach Managers Amendment (which contains > new criminal penalties for speech online) to > Telecommunications Reform bill (HR1555). >Aug 4, '95 House votes 421-4 to attach HR1978 to Telecommunications > Reform bill (HR1555). >Jun 30, '95 Cox and Wyden introduce the "Internet Freedom and Family > Empowerment Act" (HR 1978) as an alternative to the CDA. >Jun 21, '95 Several prominent House members publicly announce their > opposition to the CDA, including Rep. Newt Gingrich (R-GA), > Rep. Chris Cox (R-CA), and Rep. Ron Wyden (D-OR). >Jun 14, '95 The Senate passes the CDA as attached to the Telecomm > reform bill (S 652) by a vote of 84-16. The Leahy bill > (S 714) is not passed. >May 24, '95 The House Telecomm Reform bill (HR 1555) leaves committee > in the House with the Leahy alternative attached to it, > thanks to Rep. Ron Klink of (D-PA). The Communications > Decency Act is not attached to it. >Apr 7, '95 Sen. Leahy (D-VT) introduces S.714, an alternative to > the Exon/Gorton bill, which commissions the Dept. of > Justice to study the problem to see if additional legislation > (such as the CDA) is necessary. >Mar 23, '95 S314 amended and attached to the telecommunications reform > bill by Sen. Gorton (R-WA). Language provides some provider > protection, but continues to infringe upon email privacy > and free speech. >Feb 21, '95 HR1004 referred to the House Commerce and Judiciary committees >Feb 21, '95 HR1004 introduced by Rep. Johnson (D-SD) >Feb 1, '95 S314 referred to the Senate Commerce committee >Feb 1, '95 S314 introduced by Sen. Exon (D-NE) and Gorton (R-WA). > >________________________________________________________________________ >FOR MORE INFORMATION > >Web Sites > URL:http://www.vtw.org/exon/ > URL:http://epic.org/ > URL:http://www.eff.org/pub/Alerts/ > URL:http://www.cdt.org/cda.html > URL:http://outpost.callnet.com/outpost.html > >FTP Archives > URL:ftp://ftp.cdt.org/pub/cdt/policy/freespeech/00-INDEX.FREESPEECH > URL:ftp://ftp.eff.org/pub/Alerts/ > >Gopher Archives: > URL:gopher://gopher.panix.com/11/vtw/exon > URL:gopher://gopher.eff.org/11/Alerts > >Email: > vtw@vtw.org (put "send alert" in the subject line for the latest > alert, or "send cdafaq" for the CDA FAQ) > cda-info@cdt.org (General CDA information) > cda-stat@cdt.org (Current status of the CDA) > >________________________________________________________________________ >LIST OF PARTICIPATING 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. > > >American Civil Liberties Union * American Communication Association * >American Council for the Arts * Arts & Technology Society * Association >of Alternative Newsweeklies * biancaTroll productions * Boston >Coalition for Freedom of Expression * Californians Against Censorship >Together * Center For Democracy And Technology * Centre for Democratic >Communications * Center for Public Representation * Citizen's Voice - >New Zealand * Cloud 9 Internet *Computer Communicators Association * >Computel Network Services * Computer Professionals for Social >Responsibility * Cross Connection * Cyber-Rights Campaign * CyberQueer >Lounge * Dutch Digital Citizens' Movement * ECHO Communications Group, >Inc. * Electronic Frontier Canada * Electronic Frontier Foundation * >Electronic Frontier Foundation - Austin * Electronic Frontiers >Australia * Electronic Frontiers Houston * Electronic Frontiers New >Hampshire * Electronic Privacy Information Center * Feminists For Free >Expression * First Amendment Teach-In * Florida Coalition Against >Censorship * FranceCom, Inc. Web Advertising Services * Friendly >Anti-Censorship Taskforce for Students * Hands Off! The Net * Inland >Book Company * Inner Circle Technologies, Inc. * Inst. for Global >Communications * Internet On-Ramp, Inc. * Internet Users Consortium * >Joint Artists' and Music Promotions Political Action Committee * The >Libertarian Party * Marijuana Policy Project * Metropolitan Data >Networks Ltd. * MindVox * MN Grassroots Party * National Bicycle >Greenway * National Campaign for Freedom of Expression * National >Coalition Against Censorship * National Gay and Lesbian Task Force * >National Public Telecomputing Network * National Writers Union * Oregon >Coast RISC * Panix Public Access Internet * People for the American Way >* Republican Liberty Caucus * Rock Out Censorship * Society for >Electronic Access * The Thing International BBS Network * The WELL * >Voters Telecommunications Watch > >(Note: All 'Electronic Frontier' organizations are independent entities, > not EFF chapters or divisions.) > >________________________________________________________________________ > End Alert >======================================================================== > David Smith * "We truly believe that even though we live in an evil bladex@bga.com * world, if you can stand up with a stronger will, then you President, EFF-Austin * can't be beaten down. This is the true spirit of the Board of Directors, CTCLU * EFF-Austin member" -- John Woo Article Unavailable
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