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-
- Computer underground Digest Sun Feb 18, 1996 Volume 8 : Issue 16
- ISSN 1004-042X
-
- Editor: Jim Thomas (TK0JUT2@MVS.CSO.NIU.EDU)
- News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
- Archivist: Brendan Kehoe
- Shadow Master: Stanton McCandlish
- Field Agent Extraordinaire: David Smith
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
-
- CONTENTS, #8.16 (Sun, Feb 18, 1996)
-
- File 1-- Federal Court Partially Enjoins the CDA
- File 2--Judge Blocks Enforcement of CDA (2/16)
- File 3--FWD>Text of Judge Buckwalter's DCA Decision
- File 4--NYT: Compuserve ends Usenet newsgroup ban (2/14)
- File 5--China requires Internet users to register at police stations
- File 6--Re "Myths (?1)" in CUD 08.15
- File 7--CNN's on why they didn't support "Darkness campaign"
- File 8--Cu Digest Header Info (unchanged since 16 Dec, 1995)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Fri, 16 Feb 1996 00:58:12 -0600
- From: critcrim@SUN.SOCI.NIU.EDU(Critical Criminology - ASA)
- Subject: File 1-- Federal Court Partially Enjoins the CDA
-
- From EPIC's homepage at: http://www.epic.org
-
- FEDERAL COURT PARTIALLY ENJOINS THE CDA
-
- U.S. District Judge Ronald L. Buckwalter of Philadelphia has issued a
- partial temporary restraining order prohibiting enforcement of the
- "indecency" provision of the Communications Decency Act (CDA). The
- judge declined to enjoin those provisions of the Act dealing with
- "patently offensive" communications.
-
- The court agreed with the plaintiffs' claim that the CDA will have a
- chilling effect on free speech on the Internet and found that the CDA
- raises "serious, substantial, difficult and doubtful questions." The
- Court further agreed that the CDA is "unconstitutionally vague" as to
- the prosecution for indecency. But the Court left open the possibility
- that the government could prosecute under the "patently offensive"
- provisions.
-
- The court has recognized the critical problem with the CDA, which is
- the attempt to apply the indecency standard to on-line communications.
- Nonetheless, online speech remains at risk because of the sweeping
- nature of the CDA.
-
- The entry of the court order is a strong indication that the
- "indecency" provision of the legislation that went into effect on
- February 8 will not survive constitutional scrutiny by a three- judge
- panel that has been impaneled in Philadelphia. The panel will fully
- evaluate the constitutional validity of the legislation and consider
- entry of a permanent injunction against enforcement of the new law.
-
- According to EPIC Legal Counsel David Sobel, one of the attorneys
- representing the coalition, "The court's decision is a partial victory
- for free speech, but expression on the Internet remains at risk. This
- is destined to become a landmark case that will determine the future
- of the Internet." Looking ahead to proceedings before the three-judge
- panel, Sobel said "we are optimistic that further litigation of this
- case will demonstrate to the court that the CDA, in its entirety, does
- not pass constitutional muster."
-
- ------------------------------
-
- Date: Fri, 16 Feb 1996 22:52:14 -0800 (PST)
- From: Declan McCullagh <declan@EFF.ORG>
- Subject: File 2--Judge Blocks Enforcement of CDA (2/16)
-
- To amplify what's in the attached WP and NYT articles: both Dalzell and
- Buckwalter are U.S. District Court judges. Sloviter is the appellate judge.
-
- I've been informed that the DoJ also attached "general studies" on the Net
- -- and plenty of smut -- as exhibits. The ACLU isn't planning to put the
- government's 65-page answer brief (with 500 pages of exhibits!) online.
- I'm trying to track down a physical copy, and shall pass along sections
- when I get it.
-
- Some background on what's next with the court challenge is at:
- http://fight-censorship.dementia.org/fight-censorship/dl?num=1148
-
- CMU's Committee of Investigation -- which is still considering Marty
- Rimm's case and which should report by this summer -- has been notified
- that the DoJ included the RimmJobStudy as an exhibit. It's important for
- the committee to realize that the study was not just a sloppy undergrad
- term paper. It was a crucial part of agenda-setting that permitted the
- passage of the CDA in its current form.
-
- Not surprisingly, Marty's gone to ground. I haven't heard from him in over
- a month. His Andrew mail is forwarded to Prodigy, which bounces it back.
-
- -Declan
-
- PS: More Marty articles are at:
- http://www.cs.cmu.edu/~declan/rimm/
-
-
- // declan@eff.org // I do not represent the EFF // declan@well.com //
-
-
-
-
- Judge Blocks On-Line Indecency Enforcement
-
-
- January 16, 1996
-
- By Mike Mills; John Schwartz
- Washington Post Staff Writers
-
-
- A federal judge in Philadelphia temporarily blocked the government
- yesterday from enforcing part of new legislation that prohibits making
- indecent material available to minors via computer.
-
- U.S. District Judge Ronald Buckwalter said that his order in the case,
- brought by the American Civil Liberties Union (ACLU) and other groups,
- applied only to enforcement of a provision of the law pertaining to
- "indecent materials," and not to another section of the law that
- proscribes distribution of "patently offensive" materials.
-
- The decision left civil liberties lawyers scratching their heads,
- since the Federal Communications Commission has used the two terms
- interchangeably in the past. The bill defines "patently offensive" as
- "depictions of sexual or excretory activities or organs."
-
- The apparent conflict within the order will have to be worked out at a
- later hearing on a request for a preliminary injunction, which has yet
- to be scheduled.
-
- [...]
-
- The Justice Department had no comment on the decision.
-
- The chief judge for the U.S. Court of Appeals for the Eastern District
- of Pennsylvania, Dolores K. Sloviter, named herself, Buckwalter and
- U.S. Judge Stuart Dalzell yesterday to a three-judge panel that will
- rule on the provision.
-
- [...]
-
- Conservative groups that support the law applauded the Clinton
- administration's stance. "I'm very pleased with what I know about it,"
- said Cathleen Cleaver, director of legal studies for the Family
- Research Council, a group that favors regulating adult materials.
-
- [...]
-
- Opponents of the provision said that the government relied on suspect
- sources. They pointed to a footnoted reference in the government brief
- to a 1995 study published in the Georgetown Law Journal, "Marketing
- Pornography on the Information Superhighways."
-
- Broadly attacked within the Internet community, the study, written by
- an undergraduate student at Carnegie Mellon University, was accused of
- being incorrect in both its methodology and conclusions.
-
- Mike Godwin, staff counsel for the Electronic Frontier Foundation, a
- high-tech policy group, said that the Justice lawyers' "use of a study
- which is known to be profoundly flawed and even fraudulent"
- constitutes "a deliberate attempt to mislead the judge."
-
- A Justice Department spokesman said that the study was included only
- as "an initial reference" to the kinds of materials that could be
- found on-line.
-
- ===========================================================
-
-
- February 16, 1996
-
- The New York Times
-
- Judge Blocks Law on Internet Smut
-
- By PETER H. LEWIS
-
- A federal judge temporarily blocked enforcement on Thursday of a new
- law that makes it a felony to send indecent material over the
- Internet or other on-line computer services if the material may be
- seen by children.
-
- The judge ruled that the term "indecent" was unconstitutionally
- vague and was not defined in the new law, the Communications Decency
- Act.
-
- But, drawing a semantic distinction that appeared to leave both
- supporters and opponents of the law uncertain of the eventual
- outcome, Judge Ronald L. Buckwalter of Federal District Court in
- Philadelphia upheld another part of the same law. That section makes
- it a felony to use computer networks to display, in a way accessible
- to minors, material that depicts or describes, "in terms patently
- offensive as measured by contemporary community standards, sexual or
- excretory activities or organs."
-
- While the law thus makes clear what "patently offensive" is meant to
- cover, the problem with the term "indecent," the judge ruled, is
- that in criminal trials it would "leave reasonable people perplexed
- in evaluating what is or what is not prohibited in this statute."
-
- [...]
-
- A spokesman for the Justice Department said on Thursday night that
- lawyers there would have to study the judge's ruling carefully
- before making a statement.
-
- [...]
-
- In a 60-page brief filed Wednesday in opposition to the ACLU's
- request for a restraining order, the Justice Department argued that
- opponents' concerns about overly broad interpretation and
- enforcement of the law were merely speculation. The benefits of
- protecting children from pornographic images and speech on-line was
- in the public interest, the Justice Department said.
-
- [...]
-
- ------------------------------
-
- Date: 15 Feb 1996 21:44:51 -0500
- From: "Dave Banisar" <banisar@EPIC.ORG>
- Subject: File 3--FWD>Text of Judge Buckwalter's DCA Decision
-
- This is the text version of Judge Buckwalter's decision, courtesy of the
- American Civil Liberties Union. An HTML version is available at EPIC's
- website: www.epic.org/free_speech/censorship/lawsuit/
-
- ==========================================================
-
- IN THE UNITED STATES DISTRICT COURT
- FOR THE EASTERN DISTRICT OF PENNSYLVANIA
-
- AMERICAN CIVIL LIBERTIES UNION, et al.,
- Plaintiffs
-
- v.
-
- JANET RENO,
- Defendant
-
- CIVIL ACTION
- NO. 96-963
-
- MEMORANDUM
-
- BUCKWALTER, J.
- February 15, 1996
-
- I. BACKGROUND
-
- Plaintiffs are providers and users of on-line communications. The
- affidavits filed in support of plaintiffs' request for a temporary
- restraining order (TRO) support the statement in plaintiffs' brief (page
- 2) that these communications deal with issues involving sexuality,
- reproduction, human rights, social responsibility, environmental
- concerns, labor, conflict resolution, as well as other issues, all of
- which have significant educational, political, medical, artistic,
- literary and social value.
-
- On February 8, 1996, President Clinton signed into law the
- Telecommunications Act of 1996. Title V of the Act includes the
- provisions of the Communications Decency Act of 1996 (CDA), codified at
- 47 U.S.C. Section 223 (a) to (h).
-
- Pertinent to the matter now before this court, Section 223 (a) (1)
- (B) provides:
-
- (a) Whoever --
- (1) in interstate or foreign communications --
-
- (B) by means of a 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 or indecent, knowing that the recipient of the communication is
- under 18 years of age, regardless of whether the maker of such
- communication placed the call or initiated the communication;
-
- Section 223 (d) provides:
-
- (d) Whoever --
- (1) in interstate or foreign communications knowingly --
-
- (A) uses an interactive computer service to send to
- a specific person or persons under 18 years of age, or
-
- (B) uses any interactive computer service to
- display in a manner available to a person under 18 years of age, any
- comment, request, suggestion, proposal, image, or other communications
- that, in context, depicts or describes, in terms patently offensive as
- measured by contemporary community standards, sexual or excretory
- activities or organs, regardless of whether the user of such service
- 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 under Title 18 United States Code, or imprisoned not more than
- two years, or both.
-
- In seeking a TRO with regard to the above provisions/1,
- plaintiffs claim that they will be irreparably harmed because their
- rights under the First Amendment will be infringed. They fear
- prosecution under the CDA because as a result of the vagueness of the
- crimes created by the Act, they do not even know what speech or other
- actions might subject them to prosecution. Thus, even attempts to self-
- censor could prove fruitless. There is also the concern by those
- plaintiffs who rely on on-line providers and other carriers that these
- providers will likely ban communications that they consider potentially
- "indecent" or "patently offensive" in order to avoid criminal
- prosecution themselves, thereby depriving plaintiffs of the ability to
- communicate about important issues.
-
- The defendant counters by stating that there must be a
- realistic danger of sustaining a direct injury as a result of the
- statute's enactment or enforcement, apparently suggesting that
- plaintiffs' fears of prosecution are imaginary or speculative. There is
- no evidence on the present record to suggest defendant's position is
- correct in the latter regard.
-
- Moreover, the defendant's brief quotes a portion of a Third
- Circuit case for the proposition that "the assertion of First Amendment
- rights does not automatically require a finding of irreparable injury."
- What the defendant failed to cite from that case was the sentence
- immediately preceding the above quote which was, "It is well established
- that the loss of First Amendment freedoms, for even minimal periods of
- time, unquestionably constitutes irreparable injury." Hohe v. Casey,
- 868 F.2d 69, at 72, 73 (3d Cir. 1989). The Hohe case goes on to explain
- that plaintiff must show "a chilling effect on free expression." That
- has been shown in this case by affidavits previously referred to.
-
- What likelihood is there that plaintiffs will prevail on the
- merits? In Wright, Miller & Kane, Federal Practice and Procedure:
- Civil 2d Section 2948.3, it is suggested that this concept of
- probability of success on the merits must be considered and balanced
- with the comparative injuries of the parties.
-
- As the Second Circuit put it, when
-
- the balance of hardship tips decidedly toward plaintiff.
- . .it will ordinarily be enough that the plaintiff has raised questions
- going to the merits so serious, substantial, difficult and doubtful, as
- to make them a fair ground for litigation and thus for more deliberative
- investigation. Hamilton Watch Co. v. Benrus Watch Co., 206 F.2d 738,
- 740 (2d Cir. 1953).
-
- I believe plaintiffs have, at least with regard to 47 U.S.C.
- Section 223 (a) (1) (B) (ii) and (a) (2) raised serious, substantial,
- difficult and doubtful questions which are fair grounds for this
- litigation.
-
- In explaining my reason for this conclusion, I will not go
- through a piecemeal analysis of the cases, all of which have been set
- forth in both plaintiffs' and defendant's briefs, except, perhaps, in
- passing while discussing the respective arguments of the parties.
-
- First of all, I have no quarrel with the argument that
- Congress has a compelling interest in protecting the physical and
- psychological well-being of minors. Moreover, at least from the
- evidence before me, plaintiffs have not convinced me that Congress has
- failed to narrowly tailor the CDA.
-
- Where do I feel that the plaintiffs have raised serious,
- substantial, difficult and doubtful questions is in their argument that
- the CDA is unconstitutionally vague in the use of the undefined term,
- "indecent." Section 223 (a) (1) (B) (ii).
-
- This strikes me as being serious because the undefined word
- "indecent", standing alone, would leave reasonable people perplexed in
- evaluating what is or is not prohibited by the statute.
-
- It is a substantial question because this word alone is the
- basis for a criminal felony prosecution.
-
- It is a difficult question, I think, because any laws
- affecting freedoms such as the ones here in question have spawned
- opinions which arguably support both sides.
-
- Finally, it is a doubtful question because it is simply is not
- clear, contrary to what the government suggests, that the word
- "indecent" has ever been defined by the Supreme Court. See Alliance for
- Community Media v. F.C.C., 56 F.3d 105 (D.C. Cir. 1995) p. 130, footnote
- 2:
-
- We note that the Supreme Court has never actually passed on the FCC's
- broad definition of "indecency". See Action for Children's Television
- v. FCC, 852 F.2d. 1332, 1339-39 (D.C. Cir. 1988) (acknowledging that in
- FCC v. Pacifica Foundation, 438 U.S. 726, 98 S.Ct. 3026, 57 L.Ed.2d 1073
- (1978), the Supreme Court never specifically addressed whether the FCC's
- generic definition of indecency was unconstitutionally vague, but
- arguing that because the Court "implicitly" approved the definition by
- relying on it, lower courts are barred from addressing the vagueness
- issue on the merits.
-
- Parenthetically, I had reached the same conclusion as Judge
- Wald, author of the above footnote, before reading Alliance for
- Community Media. That, of course, does not mean that we are correct but
- it did reinforce my belief that the question of vagueness is a difficult
- and doubtful one.
-
- In connection with the vagueness argument, the government
- correctly states that plaintiffs face a most difficult challenge. That
- challenge has been stated as one in which "the challenger must establish
- that no set of circumstances exists under which the Act would be valid."
- Rust v. Sullivan, 500 U.S. 173, 183 (1990) (quoting United States v.
- Salerno, 481 U.S. 739, 745 (1987).
-
- It is hard to imagine a set of circumstances where an act
- proscribing certain conduct could be rendered valid if the description
- of that conduct, the violation of which is a felony, is vague.
-
- Defendant seems to argue that an indecent communication means
- the same as a communication that in context, depicts or describes "in
- terms patently offensive as measured by contemporary community
- standards, sexual or excretory activities or organs. . . ."
-
- While I do not believe the patently offensive provision of
- Section 223 (d) (1), quoted above, is unconstitutionally vague, I do not
- see how that applies to the undefined use of the word "indecent" in
- Section 223 (a) (1) (B) (ii). Depending on who is making the judgement,
- indecent could include a whole range of conduct not encompassed by
- "patently offensive."
-
- The remaining considerations relative to a TRO request weigh
- in favor of plaintiffs. I have not overlooked or ignored the
- outstanding argument made by the government in part 1 of its brief. I
- particularly have pondered the oft cited quote: When a court is asked
- to invalidate a "statutory provision that has been approved by both
- Houses of the Congress and signed by the President, particularly an Act
- of Congress that confronts a deeply vexing national problem, it should
- only do so for the most compelling constitutional reasons." Mistretts
- v. United States, 488 U.S. 361, 384 (1989), p. 17 of defendant's brief.
-
- It is, of course, impossible to define conduct with
- mathematical certainty, but on the other hand, it seems to me that due
- process, particularly in the arena of criminal statutes, requires more
- than one vague, undefined word, "indecent."
-
- It is a most compelling constitutional reason to require of a
- law that it reasonably informs a person of what conduct is prohibited
- particularly when the violation of the law may result in fines,
- imprisonment, or both.
-
- An order follows.
-
- n1/ Plaintiffs have also sought relief as to 18 U.S.C. Section 1462,
- but at this early stage of the litigation, it seems clear that no
- irreparable harm will befall plaintiffs. (See Gov't Ex. 13).
-
- ========================================================================
-
-
- IN THE UNITED STATES DISTRICT COURT
- FOR THE EASTERN DISTRICT OF PENNSYLVANIA
-
- AMERICAN CIVIL LIBERTIES UNION, et al.,
- Plaintiffs
-
- v.
-
- JANET RENO,
- Defendant
-
- CIVIL ACTION
- NO. 96-963
-
- ORDER
-
- This case is before the court on plaintiffs' motion for a
- temporary restraining order against enforcement of both 47 U.S.C.
- Section 223 (a) (1) (B) (as amended by the Telecommunications Act of
- 1996, Section 502), and 47 U.S.C. Section 223 (d). The court having
- considered plaintiffs' submissions in support of their motion, and
- defendants' submission in opposition thereto,
-
- IT IS HEREBY ORDERED THAT plaintiffs' motion for a temporary
- restraining order is GRANTED, in part, as follows:
-
- The defendant, her agents, and her servants are hereby
- ENJOINED from enforcing against plaintiffs the provisions of 47 U.S.C.
- Section 223 (a) (1) (B) (ii), insofar as they extend to "indecent", but
- not "obscene". The plaintiffs' motion is in all others respects,
- DENIED.
-
- Unless previously ordered by this court, pursuant to 28 U.S.C.
- Section 223 Section 2284 (b) (3), this order shall remain in force only
- until the hearing and determination by the district court of three
- judges of the application for a preliminary injunction.
-
- SO ORDERED this 15th day of February, 1996
-
- BY THE COURT:
-
- __________________________
- RONALD L. BUCKWALTER, J.
-
- cc: Counsel of record via FAX by chambers 2/15/96.
-
- ------------------------------
-
- Date: Wed, 14 Feb 1996 15:28:26 -0500 (EST)
- From: "Declan B. McCullagh" <declan+@CMU.EDU>
- To: Fight Censorship Mailing List <fight-censorship+@ANDREW.CMU.EDU>
- Subject: File 4--NYT: Compuserve ends Usenet newsgroup ban (2/14)
-
- [I enjoyed the Family Research Council hissing: "We will encourage the
- Justice Department to prosecute Compuserve." -Declan]
-
- ---
-
- February 14, 1996
-
- Compuserve to End Ban on Internet Sex Materials
-
- By PETER H. LEWIS
-
- Citing a desire to leave Internet censorship to individual tastes
- rather than government decree, the on-line company Compuserve Inc.
- said Tuesday that it would restore worldwide access to most of the
- 200 sex-related computer data bases it had recently blocked under
- pressure from German prosecutors.
-
- Instead of barring all of its 4.3 million subscribers from access to
- the controversial sites, Compuserve said it would provide
- subscribers with software that could be employed to selectively
- block any material the user finds offensive.
-
- [...]
-
- Compuserve said, however, that it was maintaining a ban on five of
- the computer sites suspected by German, U.S. and other law
- enforcement officials of carrying child pornography.
-
- [...]
-
- Another major legal challenge may come as soon as next week. A
- coalition of commercial on-line services, telecommunications
- companies, librarians, and civil liberties groups is considering
- filing its own federal suit, seeking less restrictive means to
- protect minors than the broad ban called for in the new law.
- Compuserve has been asked to join that group.
-
- "The introduction of parental controls lets us put the power to
- control and restrict content access where it belongs, with the
- individual user," said Robert J. Massey, the president and chief
- executive of Compuserve, which is based in Columbus, Ohio.
-
- [...]
-
- "By this action, Compuserve is intentionally providing obscene
- material to its subscribers by making it available to them on their
- service, and they do so at their peril," said Cathleen A. Cleaver,
- director of legal studies at the Family Research Council, a
- conservative group in Washington. "We will encourage the Justice
- Department to prosecute Compuserve for violating the federal
- obscenity distribution statute."
-
- [...]
-
- But until Tuesday, Compuserve lacked selective controls. Before
- that, the only way Compuserve could satisfy the German prosecutor
- was to shut off access to the designated computer sites in all 147
- countries where it does business.
-
- [...]
-
- ------------------------------
-
- Date: Fri, 16 Feb 1996 22:31:20 -0800 (PST)
- From: Declan McCullagh <declan@EFF.ORG>
- Subject: File 5--China requires Internet users to register at police stations
-
- Reports from Germany say that the Chinese government will require all
- 40,000 Chinese Internet users to register at their local police station.
-
- In the last few months, China has launched a horrific crackdown on
- pornography, the Internet, and even foreign economic news. Related back
- messages are at:
-
- http://fight-censorship.dementia.org/fight-censorship/dl?num=517
- http://fight-censorship.dementia.org/fight-censorship/dl?num=576
- http://fight-censorship.dementia.org/fight-censorship/dl?num=746
- http://fight-censorship.dementia.org/fight-censorship/dl?num=994
- http://fight-censorship.dementia.org/fight-censorship/dl?num=1110
-
- -Declan
-
-
- // declan@eff.org // I do not represent the EFF // declan@well.com //
-
-
- CHINA PUTS MORE CLAMPS ON INTERNET
- China has ordered all those who use the Internet and other international
- computer networks to register with the police within 30 days. The order, the
- latest move to control the flow of information, came in a circular issued by
- the Ministry of Public Security, the state-run Xinhua News Agency reported.
- Xinhua did not give a date by which current users must register, but said
- new users and those switching or terminating services must notify police
- within 30 days.
- Those who do not will be punished according to regulations on computer
- networks approved last month by the State Council, the Cabinet, Xinhua said.
- It was unclear how foreigners would be affected by the decree.
- Free Speech Newspaper
- callme@primenet.com
- http://com.primenet.com/callme
-
- ------------------------------
-
- Date: Fri, 16 Feb 1996 17:26:33 +0100
- From: Klaus Brunnstein <brunnstein@RZ.INFORMATIK.UNI-HAMBURG.D400.DE>
- Subject: File 6--Re "Myths (?1)" in CUD 08.15
-
- Concerning your message "Myths about our mirrors ..." published in CUD
- Vol.8 #15, your report about T-Online is wrong. T-Online is the 100%
- subsidiary of Deutsche (German) Telekom which is so far 100% owned by
- the Federal government. Privatisation is being prepared to start later
- this year (depending on finance market conditions). It is the offspring
- of Bildschirmtext (Btx) being offered since more than 10 years but without
- much success. Concerning actual market shares, T-Online claims to have al-
- most 1 million customers (by far most of which have been Btx users), with
- CompuServe being 2nd with less than 250.000. AOL only recently joined this
- market with a European partner.
-
- Concerning your role in the Zundel case, I just wish to ask you what
- justification you have to enforce your US-constitutional rights upon
- citizen from countries with different constitution and values? Though some
- Germans may not care for Nazi propaganda flowing into Germany, broad
- agreement here (based on our historical experiences) is that we do NOT
- wish such inflow; did you observe how non-German media react when another
- house with people seeking asylum is burning, whether ignited by Nazi racists
- or as consequence of an incident (as recently)? Could you please instruct
- me how our society may cope with racist material if not by making import
- of such material a criminal offense (as in our Penal code)? I agree with you
- that such flow may hardly be technically controlled, but law formulates (at
- least in this case) a general consensus and is their of educational help.
-
- Generally: would you understand that enforcing your US-constitutional rights
- upon non-US citizen may be understood as an act of agression, more clearly
- "network imperialism"? Dont you regard non-US citizen as "network Indians"
- whom you must baptize at your prize?
-
- Btw: do not misunderstand me. I am in favour of as free information flows
- as possible, but within given constraints which derive from culture, history
- and other elements of national consensus.
-
- Klaus Brunnstein (February 16,1996)
-
- ------------------------------
-
- Date: Tue, 13 Feb 1996 07:47:14 -0600 (CST)
- From: David Smith <bladex@BGA.COM>
- Subject: File 7--CNN's on why they didn't support "Darkness campaign"
-
- ---------- Forwarded message ----------
-
- If you're a regular user of CNN Interactive's three Web sites, you'll
- notice no difference in the pages you're seeing today. But in contrast to
- many other sites on the Web, the appearance of our pages may stand out.
- CNN Interactive is not participating in the protest against the
- Communications Decency Act which has prompted many Web publishers to use
- black backgrounds on their sites today.
-
- CNN's primary mission as a news organization is to present accurate,
- unbiased reporting in a timely fashion. All other objectives are secondary
- to this journalistic principle. While parts of the "Communications Decency
- Act" may appear to threaten the free exchange of information through
- electronic means, CNN will not fight a battle to overturn this legislation
- on its Web pages.
-
- CNN has established its global reputation by being the one broadcaster to
- give nothing but the facts the way we see them. This has enabled us free
- access at one time or another to almost every nation on the planet. This
- has allowed us to talk to oppressed people who had known only government
- broadcasters, often run by the state solely to protect the state's
- interest. This has transformed CNN into the confidant of the world -- a
- place where all views are created equal and where the words and ideas of
- those people making the news are of far greater importance than of those
- reporting it.
-
- The Communications Decency Act is not going to go away no matter what
- color we make our home page. And the story it evokes is not going to go
- away either. We at CNN Interactive must be free to report this very
- important story to you, our users, without the fear of a perception of
- bias. This point can not be stressed strongly enough. By taking a stand,
- even if it appears only to be a stand supporting the First Amendment, we
- have compromised our objectivity and neutrality on this story. That cannot
- happen if we are to remain the Internet's premier news source.
-
- Scott Woelfel
- Editor in Chief
-
- ------------------------------
-
- Date: Sun, 16 Dec 1995 22:51:01 CDT
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 8--Cu Digest Header Info (unchanged since 16 Dec, 1995)
-
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- ------------------------------
-
- End of Computer Underground Digest #8.16
- ************************************
-
-
-