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1995-06-11
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Date: Tue, 11 Apr 1995 12:10:29 -0400
From: jseiger@cdt.org (Jonah Seiger)
Subject: CDT POLICY POST No. 9 -- HOUSE CDA SPONSOR SAYS "GO-SLOW"
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** ** ** *** POLICY POST
** ** ** ***
** ** ** *** April 11, 1995
** ** ** *** Number 9
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CENTER FOR DEMOCRACY AND TECHNOLOGY
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST 4/11/95 Number 9
CONTENTS: (1) House CDA Sponsor Calls for Hearings, Go-Slow Approach
(2) Text of Rep. Tim Johnson's Letter to Chairman Fields
(3) About the Center For Democracy and Technology
This document may be re-distributed freely provided it remains in its
entirety.
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SUBJECT: House CDA Sponsor Calls for Hearings, Go-Slow Approach
Representative Tim Johnson (D-SD) recently sent the attached letter to Rep.
Jack Fields (R-TX), chairman of the House Subcommittee on
Telecommunications and Finance, urging the subcommittee to carefully
examine the issues raised by the legislation before rushing to enact it.
In the letter, Johnson clarifies that he sponsored HR 1004 only to
facilitate a discussion and hearings on the issue. Johnson writes that
while "it is essential for your committee to consider obscenity,
harassment, and First Amendment concerns as well as over-all enforceability
matters ... it is my hope that you will hold hearings which permit all
points of view to be heard before taking any action on this issue."
The House Subcommittee on Telecommunications and Finance is currently
drafting legislation to overhaul the Nation's telecommunications laws. A
modified version of the Exon/Gorton "Communications Decency Act" (S. 314)
was incorporated into similar legislation approved last month by the Senate
Commerce Committee.
HR 1004 is the House counterpart to the Exon/Gorton Communications Decency
Act, which would criminalize the transmission of any content deemed
"obscene, indecent, lewd, lascivious, filthy, or harassing." Unlike the
Senate version, HR 1004 has not been modified since its introduction.
CDT wishes to thank People for the American Way for obtaining a copy of
this letter and forwarding it to us for distribution.
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April 3, 1995
The Honorable Jack Fields
Chairman
Subcommittee on Telecommunications
and Finance
House Committee on Commerce
2125 Rayburn House Office Building
Washington, DC 20515
Dear Jack:
I am writing to you today relative to legislation which I have sponsored,
HR 1004, a house counterpart to Senator Exon's S. 314, the Communications
Decency Act. S. 314 was recently incorporated by voice vote into the
Senate Commerce Committee's telecommunications reform legislation. The
amendment attempts to update the Communications Act of 1934 by providing
users of digital communications the same protections telephone users
currently have against obscene, indecent, or harassing telephone calls.
I want to advise you that I have sponsored HR 1004 simply as a beginning
point for hearings and discussion and not necessarily to propose that this
bill, or any bill for that matter, is necessarily the proper response to
concerns over obscenity. While it appears that the Exon provision as
amended goes a long way to address the liability questions by exempting
companies or entities which merely provide transmission services for the
Internet, I remain concerned that this issue needs a thorough examination
through the hearing process.
It is essential for your committee to consider obscenity, harassment, and
First Amendment concerns as well as over-all enforceability matters. For
that reason, it is my hope that you will hold hearings which will permit
all points of view to be heard before taking any action on this issue.
Hopefully, you and your committee will have an opportunity to consider this
important issue in a carefully deliberative fashion which will balance
concerns for children and others from unwanted obscene material on the
Internet with free and enhanced use of the Internet. It may very well be
that this balance is best achieved by voluntary means rather than by new
legislation, but I will be appreciative of your willingness to carefully
investigate this complex issue.
Thank you for your attention to this matter.
Sincerely,
{sig}
Tim Johnson
cc: Ed Markey
Ranking Minority Member
Subcommittee on Telecommunications and Finance
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ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY
The Center for Democracy and Technology is a non-profit public interest
organization. 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 on CDT can be obtained by sending mail to
<info@cdt.org>
CDT's www site is up! Visit us at http://www.cdt.org/
Our ftp and gopher sites will be up soon.
voice: 202.637.9800
###