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-
- Computer underground Digest Sun Jun 16, 1996 Volume 8 : Issue 46
- ISSN 1004-042X
-
- Editor: Jim Thomas (cudigest@sun.soci.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, #8.46 (Sun, Jun 16, 1996)
-
- File 1--CDA lawsuit the Pentagon Papers of cyberspace, sez Reuters
- File 2--ACLU Press Conference on CDA
- File 3--Exon Press Release/Statement on CDA Decision
- File 4--Dalzell on broadcast v. net metaphor
- File 5--President Clinton's Statement on the CDA Decision
- File 6--ALA applauds CDA victory, "a historic case"
- File 7--OPPOSITION: FRC on CDA Decision
- File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Fri, 14 Jun 1996 18:33:38 -0500
- From: Declan McCullagh <declan@well.com>
- Subject: File 1--CDA lawsuit the Pentagon Papers of cyberspace, sez Reuters
-
- I think it was Marc Rotenberg from EPIC who said at Wednesday's CDA press
- conference in DC that this was the Times v. Sullivan of cyberspace. The
- attached Reuters article now compares our lawsuit to the Pentagon Papers
- case...
-
- -Declan
-
-
- ---------- Forwarded message ----------
-
- NEW YORK (Reuter) - As official Washington from President
- Clinton on down attacked a court ruling blocking censorship in
- cyberspace, the 25th anniversary of a momentous clash on press
- freedom passed almost unnoticed Thursday.
- It was on June 13, 1971 that the New York Times began
- publishing details of the Pentagon Papers, a 7,000-page secret
- official history of the U.S. role in the Vietnam War that many
- said proved that successive presidents misled the American
- people on the course of the war.
- For two days, President Richard Nixon let the Times print
- embarrassing disclosures about the Truman, Eisenhower, Kennedy
- and Johnson administrations. Then he sent his lawyers to court
- to stop further stories, saying they would cause ``irreparable
- injury to the defense interests of the United States.''
- It was the first time in U.S. history that a president tried
- to exercise prior restraint on a newspaper and a New York judge
- issued a restraining order on the Times. Within days, the
- Washington Post obtained a copy of the papers and began
- publishing. When a court stopped it as well, newspapers in
- Boston, Chicago, Los Angeles and St. Louis began publishing. The
- issue went to the Supreme Court, which sided with press freedom.
- A quarter of a century later, while historians, press
- critics and participants still argue over the Pentagon Papers, a
- new freedom of speech issue is expected to head to the Supreme
- Court -- whether it is constitutional for the government to slap
- curbs on indecent material on the Internet.
-
- [...]
-
- David Rudenstine, a New York law professor and author of
- ''The Day the Presses Stopped,'' a new account of the Pentagon
- Papers, says the battle between the Times and other newspapers
- and the government became a high water mark for democracy. At
- the same time it laid the foundation for the destruction of the
- Nixon administration.
-
- [...]
-
- ------------------------------
-
- Date: Wed, 12 Jun 1996 16:01:41 -0400 (EDT)
- From: Mark Mangan <mmangan@pencom.com>
- Subject: File 2--ACLU Press Conference on CDA
-
- ACLU Press Conference
- June 12
-
-
- =================================
- The Conference
-
- NEW YORK CITY-- The ACLU held a press conference this morning to
- announce the victory in its suit contesting the constitutionality
- of the CDA. The win is embodied in a 216 page decision which reflects
- the three-judge panel's 3-0 thumbs down to a half-baked ban on indecency.
- Chris Hansen, lead counsel for the ACLU, described the decision as a
- "resounding victory," calling the CDA "an unconstitutionally bad idea."
-
- Statements were also made by ACLU attorney Marjorie Heins and ACLU
- Executive Director Ira Glasser, as well as several of the plantiffs
- in the case. When the press asked about children and how to protect
- them from looking at all the smut, Hansen pointed to the service providers
- such as AOL and Prodigy, as well as the existing blocking software such
- as Surfwatch. He essentially stressed that the freedom and responsibility
- associated with this powerful medium should be placed with the parents.
-
- Glasser offered an interesting world view, as he declared this
- a "bogus issue." He said he has four kids and "the question of
- how to raise children is a parental problem which no law should address."
- In response to a worrisome assertion that kids having a better understanding
- of computers, he pointed out that "kids who are sophisticated today will
- be parents tomorrow." When asked about the problem of rogues stirring
- up problems with anonymous postings, Glasser said "this is not a new
- issue," recalling the pamphlets in colonial America and such anonymously
- penned works as the Federalist Papers. Anonymous, free speech is valued
- in the American tradition, he argued--it's not a new problem served up by
- the Internet
-
- The government lawyers have 20 days to file an appeal. If the Supreme
- court doesn't laugh in their face and tell them to piss-off, the
- case would presumably reach the highest court in the land sometime
- next fall.
-
- ================================
- Some Good Quotes
-
-
- The decision of the court includes 80 pages of Findings of Fact,
- as well as a lengthy opinion from each of the judges.
- The ACLU press release, written by Emily Whitfield, picked out
- some of the best quotes.
-
- Judge Dalzell: "Cutting through the acronyms and argot that littered
- hearing testimony, the Internet may fairly be regarded as a never-ending
- worldwide conversation. The Government may not, through the CDA, interrupt
- that conversation. As the most participatory form of mass speech yet
- developed, the Internet deserves the highest protection from governmental
- intrusion."
-
- Judge Buckwalter: "I continue to believe that the word 'indecent' is
- unconstitutionally vague, and I find that the terms 'in context' and
- 'patently offensive' are also so vague as to violate the First and Fifth
- Amendments."
-
- Judge Sloviter: "The bottom line is that the First Amendment should not
- be interpreted to require us to entrust the protection it affords to the
- judgement of prosecutors. Prosectors come and go ... the First Amendment
- remains to give protection to future generations as well."
-
- ------------------------------
-
- Date: Thu, 13 Jun 1996 16:29:59 -0400
- From: Bob Palacios <bobpal@cdt.org>
- Subject: File 3--Exon Press Release/Statement on CDA Decision
-
- For Release, Wednesday, June 12, 1996
-
- EXON ISSUES STATEMENT ON COURT RULING ON DECENCY ACT
-
- Washington, D.C. -- U.S. SENATOR JIM EXON (D-NE), issued the following
- statement today after the court ruling in Philadelphia on the Exon-Coats
- Communications Decency Act:
-
- "The Communications Decency Act makes it illegal to transmit or make
- available indecent material to children. From the beginning, we felt that
- the best chance for a considered opinion would be in the U.S. Supreme Court
- and that's where the final decision will be made. We are still a land of
- laws and courts and while I do not agree with the judges' decision today, I
- respect their right to make it. The court has taken the ACLU line that
- anything goes on the Internet, even though that overlooks well-established
- laws protecting children from pornography
- in other areas. The Decency Act stands for the premise that it is wrong to
- provide pornography to children on computers just as it is wrong to do it
- on a street corner or anywhere else. Hopefully, reason and common sense
- will prevail in the Supreme Court."
-
- -end-
-
- ----------------
-
- SENATOR EXON PRESS CONFERENCE AFTER PHILADELPHIA RULING
-
- A three judge panel in Philadelphia this morning handed down a decision
- enjoining enforcement of two sections of the Communications Decency Act
- (CDA). This decision is not a surprise, nor is it a set back for the new
- law. It in fact clears the way for U. S. Supreme Court consideration.
-
- The ACLU and their fellow plaintiffs did not select the Philadelphia court
- by accident to launch their challenge to the CDA.
-
- First, it is important to understand what the CDA is and what it is not.
- The CDA makes it a crime to knowingly use a telecommunications device or
- interactive computer to send an indecent communication to a child and to
- use an interactive computer to display an indecent communication in a
- manner accessible to a child.
-
- The new law does not ban any constitutionally protected material from adults.
-
- The radical decision of the three judge panel in Philadelphia rests on two
- pillars. From this Senator's point of view, those pillars are made of chalk
- which will crumble upon Supreme Court review.
-
- The Philadelphia court found that there were no effective measures to
- determine the age of computers users. This technological argument is faulty
- because as a relatively, new medium, the Internet and other interactive
- computer services are infinitely malleable and their architecture can
- accommodate child screening. The court overlooks that, a number of Internet
- sites already block child access by requiring credit card or adult PIN
- numbers to access certain sites. Even if such technology were not
- available, the statute does not require the impossible only what is
- "reasonable, effective and appropriate."
-
- The second line of criticism was with the law's "indecency" standard. The
- Philadelphia court found the term "indecency" and its rendition in the
- statute to be "vague." The court brushed aside years of U. S. Supreme Court
- jurisprudence which not only found the indecency standard sufficiently
- clear, but which applied the very standard to radio, television, telephone
- and cable use. Here the court's disagreement does not seem to be with the
- Congress but with the U. S. Supreme Court which has repeatedly upheld the
- decency standard.
-
- The Philadelphia court also overlooks that no court has applied the
- indecency standard to prohibit serious works of art, medical information or
- important literature. In this regard, the court feasted on a plate of red
- herrings.
-
- The Congress took great care to craft the CDA so that is zeroed in on
- protecting children from on-line indecency, as the U. S. Supreme Court has
- repeatedly acknowledged as a compelling state interest. The Congress
- modeled the statute after the existing DIAL-A-PORN law which the U. S.
- Supreme Court has found to meet the least restrictive alternative test
- which is applied to first amendment cases. The CDA can not be violated by
- accident. There must be a knowing violation.
-
- The Philadelphia court ignores that it is fundamentally wrong to knowingly
- give pornography to children or to display pornography in public place. I
- am hopeful that the U .S. Supreme Court, relying on its own precedents will
- find the CDA to Be Constitutional.
-
- ----------------
-
- This press release, along with other Congressional press releases and
- President Clinton's statement, can be found at: http://www.cdt.org/ciec/
-
- ------------------------------
-
- Date: Wed, 12 Jun 96 21:48:21 PDT
- From: Jonathan Blumen <us003275@pop3.interramp.com>
- Subject: File 4--Dalzell on broadcast v. net metaphor
-
- Judge Dalzell--whose sympathy to the freedom of speech was apparent
- from the questions he asked during the hearing--writes some really
- clear and stirring prose distinguishing the Supreme Court's
- indecency ruling in Pacifica (the seven dirty words case) from the
- CDA case.
-
- One of the fundamental tenets of the pro-CDA forces--expressed on
- various lists by Matt Elkins--is that the Net can be regulated in
- the same way as broadcast media. Government regulation of broadcast
- originated sixty years ago with the doctrine that broadcast
- frequencies are "scarce"; therefore the government must determine
- who gets a licence; therefore, in determining who gets a license,
- the government may determine who is abusing the airwaves with
- "indecent" language. Since the Net involves no scarcity, pro-CDA
- forces have had to find an independent underpinning for government
- intervention. They found it in "pervasiveness", the doctrine that
- broadcast waves come into the house unbidden and may ambush children
- who turn the set on and are exposed unexpectedly to indecent
- content.
-
- The Carlin case, involving the comedian's Seven Dirty Words routine,
- referred to "the uniquely pervasive presence" of broadcasting and
- never mentioned the scarcity doctrine. Thirteen years ago,
- communications scholar Ithiel de Sola Pool correctly observed that
- this statement, if it meant what it appeared to, would justify
- "quite radical censorship." Now along comes the wonderful and
- clearheaded Judge Dalzell and clears it up for us.
-
- He points out that in a 1994 case, Turner Broadcasting v. FCC, the
- Supreme Court refused to extend Pacifica to cable TV because of
- "fundamental technological differences" between broadcast and cable.
- Dalzell says:
-
- "The legal significance to this case of Turner's refusal to apply
- the broadcast rules to cable television cannot be overstated.
- Turner's holding confirms beyond doubt that the holding in Pacifica
- arose out of the scarcity rationale unique to the underlying
- technology of broadcasting, and not out of the end product that the
- viewer watches. That is, cable television has no less of a
- 'uniquely pervasive presence' than broadcast television....Whether
- one receives a signal through an antenna or through a dedicated
- wire, the end result is just television in either case. In declining
- to extend broadcast's scarcity rationale for cable, the Supreme
- Court also implicitly limited Pacifica, the holding of which flows
- directly from that rationale." (pp. 188-189)
-
- Three cheers for Dalzell. During three decades, censorship advocates
- have used Pacifica to justify radical measures pertaining to various
- electronic media. Dalzell's interpretation stops them at the bridge.
- ACLU v. Reno will be the Supreme Court's opportunity to clarify the
- outer boundaries of broadcast regulation and to tell us whether
- "pervasiveness" really means anything; the Turner case suggests that
- the Court will not shirk its responsibility.
-
- ------------------------------
-
- Date: Thu, 13 Jun 1996 13:53:44 -0400
- From: Jonah Seiger <jseiger@cdt.org>
- Subject: File 5--President Clinton's Statement on the CDA Decision
-
- What's more interesting is what it doesn't say. He is not at all
- definitive on whether the gvt will file an appeal...
-
- Jonah
-
- --
- THE WHITE HOUSE
-
- Office of the Press Secretary
- ___________________________________________________________________________
-
- For Immediate Release June 12, 1996
-
- STATEMENT BY THE PRESIDENT
-
- The Justice Department is reviewing today's three judge panel court
- decision on the Communications Decency Act. The opinion just came
- down today, and the statute says we have twenty days to make an
- appeal.
-
- I remain convinced, as I was when I signed the bill, that our
- Constitution allows us to help parents by enforcing this Act to
- prevent children from being exposed to objectionable material
- transmitted though computer networks. I will continue to do
- everything I can in my Administration to give families every
- available tool to protect their children from these materials. For
- example, we vigorously support the development and widespread
- availability of products that allow both parents and schools to
- block objectionable materials from reaching computers that children
- use. And we also support the industry's accelerating efforts to
- rate Internet sites so that they are compatible with these blocking
- techniques.
-
- ------------------------------
-
- Date: Fri, 14 Jun 1996 20:35:11 -0700 (PDT)
- From: Declan McCullagh <declan@well.com>
- Subject: File 6--ALA applauds CDA victory, "a historic case"
-
- Date--Fri, 14 Jun 1996 23:31:25 -0400 (EDT)
- From--Stan Bernstein <sbernst@panix.com>
- Subject--ALAWON, No. 5, No. 34 (194 lines) (fwd)
-
- =================================================================
- ALAWON Volume 5, Number 34
- ISSN 1069-7799 June 14,1996
- American Library Association Washington Office Newsline
-
- In this issue: (194 lines)
- COMMUNICATIONS DECENCY ACT REJECTED BY COURT:
- LIBRARIANS APPLAUD CDA RULING
- _________________________________________________________________
-
- COMMUNICATIONS DECENCY ACT REJECTED BY COURT:
- LIBRARIANS APPLAUD CDA RULING
-
- The American Library Association, library advocates and others
- involved with the Citizens Internet Empowerment Coalition (CIEC)
- welcome the decision of a federal district court panel declaring
- the new Communications Decency Act unconstitutional saying the
- ruling protects First Amendment rights, the public's open access
- to information and the librarians that provide the access.
-
- ALA is the lead plaintiff in a suit filed by the CIEC, a
- coalition of organizations which also includes online providers,
- publishers, parents and other public interest groups. The suit
- challenged the Act on the grounds that it is overly broad and so
- vaguely worded that it would subject librarians and other members
- of the public to criminal prosecution for posting materials
- online that are legal in other media.
-
- ALA Executive Director Elizabeth Martinez said after the court
- decision was released on June 12, "This is a historic case. The
- judges have acted to protect public access to information in this
- new and important media." Martinez said she was impressed by the
- open-mindedness of the judges and "their willingness to learn
- more about the Internet and how it works."
-
- The suit, filed in Philadelphia by CIEC, was consolidated with a
- similar suit brought by the American Civil Liberties Union. The
- government is expected to file an appeal that could be heard as
- soon as this fall by the U.S. Supreme Court.
-
- "We are ecstatic. Librarians can continue to provide ideas to
- the public regardless of the format, without concern about fines
- or jail terms," said Judith Krug, head of ALA's Office for
- Intellectual Freedom (OIF). "This is a victory for anyone who
- uses public libraries."
-
- The role of ALA in organizing the coalition was broadly
- acknowledged. OIF was especially instrumental in involving Bruce
- Ennis, longstanding counsel for the Freedom to Read Foundation,
- as the lead attorney.
-
- BACKGROUND:
- Under the Communications Decency Act, passed in February as part
- of the Telecommunications Reform Act of 1996, any person who
- knowingly sends or displays materials over the Internet that
- could be interpreted as "indecent" or "patently offensive by
- contemporary community standards" could be imprisoned for up to
- two years and fined up to $250,000.
-
-
- Attorneys for the plaintiffs argued that the law would curtail
- freedom of speech by restricting all communication on the
- Internet to a level appropriate for children and would unfairly
- subject libraries, colleges and other educational institutions to
- criminal prosecution for distributing great works of art and
- literature, health, science and other materials that some might
- find offensive. Government attorneys argued that the court
- should read the Communications Decency Act to apply only to
- hardcore sexually explicit material.
-
- Other plaintiffs included America Online,Inc.; the American
- Booksellers Association; American Society of Newspaper Editors,
- Apple Computer, Association of Publishers, Center for Democracy
- and Technology, Prodigy Services Company, Wired Ventures,. Ltd.
-
- This three-judge panel thoughtfully examined and ultimately
- understood the unique nature of this new medium. Judges Dolores
- Sloviter, Stewart Dalzell, and Ronald Buckwalter each wrote
- opinions to articulate the panel's unanimous decision. The judges
- came to understand the global, interactive and open nature of the
- Internet, and ruled in favor of the free flow of information that
- is both the tradition of our democracy and cyberspace. The court
- also was aware that this case was being watched around the world
- and sets a precedent for Internet regulation by other countries
- which would like to censor cyberspace.
-
- In concluding her statement, the panel's chief judge, Dolores
- Sloviter, wrote:..."the bottom line is that the First Amendment
- should not be interpreted to require us to entrust the protection
- it affords to the judgement of prosecutors. Prosecutors come and
- go. Even federal judges are limited to life tenure. The First
- Amendment remains to give protection to future generations as
- well. I have no hesitancy in concluding that it is likely that
- plaintiffs will prevail on the merits of their argument that the
- challenged provisions of the CDA are facially invalid under both
- the First and Fifth Amendments."
-
- Judge Dalzell noted in his opinion: "...the Internet deserves the
- highest protection from government intrusion..." Elsewhere he
- added "...the Internet may fairly be regarded as a never-ending
- worldwide conversation. The Government may not, through the CDA,
- interrupt that conversation."
-
- Judge Buckwalter wrote: "...I find that current technology is
- inadequate to provide a safe harbor to most speakers on the
- Internet...I continue to believe that indecent' is
- unconstitutionally vague, and I find that the terms in context'
- and Patently offensive' also are so vague as to violate the
- First and Fifth Amendments."
-
- This was the first full court appeals panel hearing regarding the
- Internet and is considered precedent setting, making the Internet
- at least as protected as the print medium, if not more so. It
- became clear to the court that this law could not protect
- children from inappropriate material on the Internet in a
- meaningful, enforceable way and that the law was vague and over
- broad.
-
- Another reason that ALA participated in the litigation was that
- the law made no distinction between librarians, professors,
- museum curators, newspapers and other providers of legitimate,
- educational material and the true purveyors of material
- inappropriate for children.
-
- CIEC emphasized that new technology demonstrates a far more
- effective solution to the problem of content on the Internet than
- this or any other law ever could. The judges were shown parental
- control software that effectively blocks unwanted material in
- e-mail, news groups and Web sites. The judges recognized these
- technologies in their opinions. For example, witnesses had
- explained the new Platform for Internet Content Selection (PICS),
- that will be a basis for a variety of rating systems. The
- technology is available now and is beginning to be used.
-
- TEXT AVAILABLE: The text of the judges ruling in the
- Communications Decency Act suit is posted at
- http://www.cdt.org/ciec/ciec-info@cdt.org
-
- MEANWHILE IN WASHINGTON...
- Response came quickly. Senator Patrick Leahy (D-VT), a strong
- opponent of the CDA in the Senate, was pleased with the court's
- decision, commenting that the Constitution could not be
- "trampled" to "make political points back home."
-
- Representative Rick White (R-WA), who had opposed the "indecency"
- provision in the CDA, predicted further legislative work on the
- act after the Supreme Court decision. "That's when we go back to
- the drawing board and do something that works," he said.
-
- But President Clinton was quoted as saying: "I remain convinced,
- as I was when I signed the bill, that our Constitution allows us
- to help parents by enforcing this Act to prevent children from
- being exposed to objectionable material transmitted through
- computer networks."
-
- Senator James Exon(D-NE), sponsor of the Communications Decency
- Act, was hopeful that "reason and common sense will prevail in
- the Supreme Court" as he looked to the higher court overturning
- this decision.
-
- Dee Jepsen, president of "Enough is Enough" said "Once again the
- court system has failed the nation's parents in their struggle to
- protect their children as they use newly available computer
- technology." Bruce Taylor, chief counsel for the National Law
- Center for Children and Families contended "I don't consider this
- a setback."
-
- But the enthusiasm for the court decision could not be dampened
- by these opponents. Supporters in the Citizens Internet
- Empowerment Coalition were celebrating a decision that affirmed
- that the "Internet deserves the broadest possible protection."
- Perhaps the enthusiasm at winning could be best described in
- attorney Ennis' quote: "It's a spectacular victory for free
- speech and the Internet."
-
- There will inevitably be other legislative and legal battles in
- this arena. More to come.
- _________________________________________________________________
- ALAWON is a free, irregular publication of the American Library
- Association Washington Office. To subscribe, send the message
- "subscribe ala-wo [your_firstname] [your_lastname]" to <listproc
- @ala.org>. ALAWON archives gopher.ala.org; select Washington
- Office Newsline. Web page HTTP://www.ala.org/alawashington.html.
-
- ------------------------------
-
- Date: Wed, 12 Jun 1996 13:11:45 -0700
- From: "--Todd Lappin-->" <telstar@wired.com>
- Subject: File 7--OPPOSITION: FRC on CDA Decision
-
-
- CDA DISASTER NETWORK
- June 12, 1996
-
-
- What do the censors at the Family Research Council have to say about
- today's CDA decision?
-
- They think it's "It is an arrogant decision which flies in the face of the
- Supreme Court and our society."
-
- Read on for all the whining details!
-
- Work the network!
-
- --Todd Lappin-->
- Section Editor
- WIRED Magazine
-
- ===========================================
-
- Date--Wed, 12 Jun 96 15:29 EDT
- From--frc@townhall.com
-
- This Press Release was sent out minutes ago. For additional information
- about The Family Research Council please visit our Web Site at:
-
- http://www.frc.org
- -------------------------------------------------------------
-
- FOR IMMEDIATE RELEASE: June 12, 1996
- CONTACT: Kristin Hansen, (202) 393-2100
-
-
- ARROGANT DECISION CONTRADICTS PRIOR CASES ON
- PORNOGRAPHY DISTRIBUTION TO MINORS, FRC SAYS
-
- FRC Director of Legal Studies Cathy Cleaver says
- decision on the Communications Decency Act not a
- pro-family defeat
-
- WASHINGTON, D.C. -- "What else should we expect from an
- ACLU-hand-picked judge than a sweeping, radical decision
- allowing adults to knowingly send and display pornography
- to minors on the Internet?" Director of Legal Studies
- Cathy Cleaver said Wednesday. "Nevertheless, this is not
- an ultimate defeat for American families and children. No
- matter where this case goes next - either to the full
- Eastern District Court or the Supreme Court - the Department
- of Justice will have a better opportunity to defend the
- constitutionality of this statute."
-
- Cleaver made her remarks as the Federal District Court for
- the Eastern District of Pennsylvania released their decision
- Wednesday on the ACLU v. Reno case involving the regulation
- of pornography distribution to minors on the Internet.
- Family Research Council presented a "friend of the court"
- brief defending the cyberporn provisions of the Communications
- Decency Act. The decision, written by Dolores K. Sloviter,
- Chief Judge of the 3rd Circuit Court of Appeals and Carter
- appointee, contradicts previous Supreme Court decisions on
- the distribution of indecent material through the media.
-
- "It is an arrogant decision which flies in the face of the
- Supreme Court and our society," Cleaver said. "We have long
- embraced the principle that those who peddle harmful material
- have the obligation to keep the material from children.
- Outside cyberspace, laws restrain people from displaying
- sexually explicit images in public places and from selling
- porn magazines to children. So, on the Internet, the burden
- of protecting children from exploitation should not rest
- solely on the parents."
-
- In her decision, Judge Sloviter maintains that it is "either
- technologically impossible or economically prohibitive" for
- pornographers to comply with the regulations. However,
- Cleaver said that "this decision reflects the Court's
- unwillingness to consider proposed regulations by dismissing
- them as 'burdensome.' There are constitutional ways to
- protect children from cyberporn but not restrict the freedom
- of speech of the pornographers or the adults."
-
- Cleaver continued, "Cyberspace is a work in progress. We
- should not squander the opportunity to examine and appreciate
- a world where pornography knows no bounds. Failure to enact
- strong laws is a concession that the information superhighway
- should belong to pornographers. It would be like leaving a
- loaded gun in a playground."
-
- FOR INFORMATION OR INTERVIEWS, CONTACT THE FRC MEDIA OFFICE.
-
- - END -
-
- +--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+
- This transmission was brought to you by....
-
- THE CDA DISASTER NETWORK
-
- The CDA Disaster Network is a moderated distribution list providing
- up-to-the-minute bulletins and background on efforts to overturn the
- Communications Decency Act. To subscribe, send email to
- <majordomo@wired.com> with "subscribe cda-bulletin" in the message body.
-
- ------------------------------
-
- Date: Thu, 21 Mar 1996 22:51:01 CST
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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- End of Computer Underground Digest #8.46
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