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Cream of the Crop 20 (Terry Blount) (1996).iso
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1996-05-20
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192 lines
┌─────────────────────────────────────────────────────────────────────────────┐
│From: ACLU.Newsfeed-Owner@villa.fc.net │
│ │
│---------------------------------------------------------------- │
│04-12-96 │
│ACLU Newsfeed -- ACLU News Releases Direct to YOU │
│---------------------------------------------------------------- │
│TODAY'S NEWS: │
│ │
│* ACLU v. RENO: TRIAL UPDATE: Government Opens Case in Internet Trial │
│ │
│* New Utah Bill Seeks to Kill Gay Clubs │
│---------------------------------------------------------------- │
│ *ACLU v. RENO: TRIAL UPDATE: Government Opens Case in Internet Trial* │
│ │
│ │
│* 1st Government Witness Acknowledges Difficulty in Finding Sexually │
│Explicit Material Online │
│ │
│* 2nd Government Witness Returns Monday to Conclude Testimony │
│ │
│* Plaintiffs have option to rebut government case Monday │
│ │
│PHILADELPHIA -- Testifying for the government today, Special Agent Howard A. │
│Schmidt acknowledged, in answer to skeptical questioning by a three-judge │
│panel, that it is "highly unlikely" for anyone to come across sexually │
│explicit sites on the Internet by accident. │
│ │
│As the first witness for the government, Agent Schmidt began the morning with│
│a live Internet tour and demonstration of a search for so-called indecency. │
│ The demonstration stopped short of actually displaying any of the images, │
│but traced for the court the route by which Schmidt arrived at various web │
│sites. │
│ │
│Schmidt acknowledged -- under cross-examination -- that majority of the sites│
│he found would have been off limits had he been running a software program │
│such as SurfWatch, that blocks access to Internet sites considered │
│inappropriate for children. │
│ │
│Marjorie Heins, who conducted cross-examination for the ACLU, noted that │
│Agent Schmidt's expertise -- and the government's case -- lies in focusing on│
│a very narrow category of sexual material, much of which is already covered │
│by existing obscenity law. │
│ │
│"In today's testimony, the government attempted to divert the court's │
│attention from the serious concerns of our plaintiffs by focusing on material│
│that is highly inflammatory and largely irrelevant to this case," Heins said.│
│ │
│The consolidated cases of ACLU v. Reno and ALA v. DOJ challenge provisions of│
│the Communications Decency Act that criminalize making available to minors │
│"indecent" or "patently offensive" speech. │
│ │
│Under questioning by the judges, Agent Schmidt was asked how he would enforce│
│the censorship law when confronted with a safe-sex information web-site that │
│displayed an image illustrating how to put a condom on an erect penis. │
│ │
│Agent Schmidt said that since the context was "educational, not purely for │
│pleasure purposes," he would not censor the site but advise the publishers to│
│post warnings. │
│ │
│His answer was different when asked how he would rate an online copy of the │
│controversial Vanity Fair magazine cover featuring the actress Demi Moore, │
│nearly naked and eight months pregnant. │
│ │
│In that case, Schmidt said, the Communications Decency Act would apply │
│because the image was "for fun." He also said, in answer to a query from │
│Judge Stuart Dalzell, that the community standard as to the offensive of the │
│image might be different for Minnesota than it would for New York. │
│ │
│"It is ironic that, according to the government, an explicit online image of │
│an erect penis in an educational context would be acceptable, whereas Vanity │
│Fair, a constitutionally protected publication containing a much less │
│explicit image, would be censored," Heins said. │
│ │
│Following Agent Schmidt's testimony, the final plaintiff witness, Dr. Albert │
│Vezza, told the judges about PICS (Platform for Internet Content Selection), │
│a new rating system designed to allow parents to control children's access to│
│the Internet without censorship. │
│ │
│Dr. Vezza is associate director of the MIT Laboratory for Computer Sciences │
│and has chief responsibility for the PICS project. He was unable to testify │
│earlier in the case due to scheduling conflicts. │
│ │
│Dr. Vezza said he expected that wide industry acceptance of the PICS standard│
│would enable any number of "third-party" organizations such as the PTA, the │
│Christian Coalition or the Boy Scouts of America to rate content for Internet│
│users. │
│ │
│The second and final government witness, Dr. Dan Olsen, a professor of │
│computer science at Brigham Young University, took the stand in the │
│mid-afternoon. │
│ │
│Dr. Olsen acknowledged that the PICS standard would allow parents to control │
│their children's Internet viewing according to their own values or via a │
│rating system devised by a trusted organization. │
│ │
│He also acknowledged that a system he had conceived in which Internet sites │
│must be labelled by the content originator, would not allow for such an │
│independent rating scheme. │
│ │
│While plaintiff lawyers completed cross-examination of Dr. Olsen today, he │
│will retur