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- EFFector Online Volume 08 No. 19 Dec 5, 1995 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- IN THIS ISSUE:
-
- EFF Statement on Proposals Regarding Content Control on the Net
- ALERT: *Last Chance* on Net Censorship Legislation! Act NOW!
- The Latest News
- What You Can Do Now
- Legislative History
- List of Participating Organizations
- [Newsbytes skipped for this issue, due to urgency of lead articles]
- Upcoming Events
- Quote of the Day
- What YOU Can Do
- Administrivia
-
- * See http://www.eff.org/Alerts/ or ftp.eff.org, /pub/Alerts/ for more
- information on current EFF activities and online activism alerts! *
-
- ----------------------------------------------------------------------
-
-
- Subject: EFF Statement on Proposals Regarding Content Control on the Net
- -----------------------------------------------------------------------
-
- Dec. 5, 1995
-
- The Electronic Frontier Foundation maintains its longstanding position
- that no new legislation is required to regulate content in cyberspace, and
- that the existing federal and state framework provides an adequate legal
- basis for the prosecution both of illegal material and of any
- victimization of children.
-
- Given the Telecom Bill conference committee's insistence that it must pass
- new content legislation affecting the Net, however, EFF acknowledges the
- value of the approach of Rep. Rick White (R-Washington). Rep. White, who
- clearly possesses substantial familiarity with Net communications and legal
- issues, is attempting to steer the Telecom Bill toward legislation that
- remains within the bounds of well-understood Constitutional principles,
- that provides protections for providers and users from the
- "chilling effect" of overreaching federal statutes and overbroad risk of
- legal liability, and that empowers parents and other users to make their
- own content choices in online environments.
-
- EFF does not endorse all provisions of the White proposal. We do, however,
- endorse the following principles, which Rep. White has attempted to
- incorporate in his proposal:
-
- 1) No crimes based on the vague and undefined notion of online
- "indecency."
-
- 2) Encouragement of open-ended filtering/labelling systems that empower
- parents and other users to make their own choices about net content.
-
- 3) Refusal to impose strict legal liability on providers, system
- operators, and others, given that such liability would chill the existence
- and growth of free online forums.
-
- 4) Extension of the same protections to commercial and educational forums.
-
- 5) Setting the criminal-intent element of any criminal-law provisions so
- that users and providers cannot accidentally become criminally liable.
-
- EFF notes that the alternative to the White proposal -- a proposal offered
- by Rep. Hyde -- is so deeply repugnant both to parental autonomy and to
- the First Amendment's protections for freedom of speech as to constitute a
- direct authoritarian assault on the fabric of the Net. The conference
- committee is being fiercely lobbied by religious extremists who falsely
- represent themselves as speaking for all who care about families,
- children, and morality -- these extremists will stop at nothing to enact
- legislation that is aimed not at the protection of children, but at the
- silencing of everybody whose values do not echo their own.
-
- EFF strongly urges the conferees not to take this nation and this new
- medium down the path of unthinking, fearful censorship. We ask that the
- conferees instead refuse to assume that the only way to protect our
- children and ourselves is to turn our backs on the First Amendment.
- Americans are a smarter people than that, and we expect our
- representatives not to fall for this false choice. The true choice is
- between those who would cut the Constitution to fit their own moral
- fashions and those who believe that our citizens can, at the same time, be
- trusted both with freedom of speech and with the primary authority to make
- choices for their children.
-
-
- For further information, contact:
-
- Mike Godwin
- Staff Counsel
- Electronic Frontier Foundation
- 510-548-3290
- godwin@eff.org
-
- Regrettably, we do not yet have an online copy of the White proposal -
- yet another reason you should join the hundreds if not thousands of
- citizens who have written to Rep. Gingrich to make good on his months-old
- promise to ensure that the public had immediate online access to *all*
- legislative information, including bill amendments!
-
- When available the text will be at
- http://www.eff.org/pub/Alerts/s652_hr1555_white_amend.draft
- ftp.eff.org, /pub/Alerts/s652_hr1555_white_amend.draft
- gopher.eff.org, 1/Alerts, s652_hr1555_white_amend.draft
-
- For the time being, CDT has provided analysis of the White amendment and
- competing drafts from more censorious legislators. See
- http://www.cdt.org/publications/pp311204.html for this analysis.
-
- ------------------------------
-
-
- ALERT: *Last Chance* on Net Censorship Legislation! Act NOW!
- ------------------------------------------------------------
-
- CAMPAIGN TO STOP THE NET CENSORSHIP LEGISLATION IN CONGRESS
- (INCLUDING THE COMMUNICATIONS DECENCY ACT AND THE HYDE AMDT)
-
- Short Update: The Conference Committee will vote this week!
-
- What You Can Do Now: Call the conference committee and tell
- them to oppose Rep. Hyde's proposal
- to censor the Internet.
-
- Time is running out.
-
- CAMPAIGN TO STOP THE UNCONSTITUTIONAL NET CENSORSHIP LEGISLATION
- Dec 4, 1995
-
- PLEASE WIDELY REDISTRIBUTE THIS DOCUMENT WITH THIS BANNER INTACT
- REDISTRIBUTE ONLY UNTIL December 20, 1995
- REPRODUCE THIS ALERT ONLY IN RELEVANT FORUMS
-
- ________________________________________________________________________
-
- CONTENTS
- The Latest News
- What You Can Do Now
- Legislative History
- List of Participating Organizations (changed)
-
- ________________________________________________________________________
-
- THE LATEST NEWS
-
- The fate of the Internet as we know it today and the future of freedom
- of speech in interactive media will come down to a vote of the
- telecommunications reform bill conferees, scheduled for Wednesday
- December 6. A bad outcome will criminalize content currently provided
- by millions of people on the Internet as illegal and subject to jail
- time and large fines.
-
- Call the conference committee now and tell them that parental control
- not government censorship is the only effective means of addressing
- childrens' access to objectionable content on the Internet. Don't
- wait. The stakes here are too high.
-
- Please look below at the list of legislators and call yours, and if
- yours is not on the conference committee, call House Speaker Gingrich
- or Senate Leader Dole.
-
- Because of the slow speed with which staffers read legislators' email,
- email to them will not be effective.
-
- ________________________________________________________________________
-
- WHAT YOU CAN DO NOW
-
- 1. Most of the proposals available to the conference committee will
- fundamentally restrict your speech on the Internet and other public
- networks. Look at the list below and call the legislators in your
- state and ask them to oppose Rep. Hyde's efforts to censor the net.
- If none of them are in your state, call Gingrich and Dole.
-
- If we cannot convince the conference committee to make the right
- choices at this juncture, we will have lost this campaign.
-
- To see which legislator is yours, 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
-
- Or simply look at the list below organized by states.
-
- If you're at a loss for words, try one of the following:
-
- Please oppose the Internet censorship amendments for the
- Telecomm bill being put forth by Rep. Henry Hyde (R-IL).
- The only effective way to address children's access to
- objectionable material on the Internet is through parental
- control.
- or
- As a religious person and a parent, I oppose the Internet
- censorship language for the Telecomm bill currently proposed
- by Rep. Henry Hyde (R-IL). I, the parent, am the best person
- to monitor my child's access to the Internet.
- or
- Although there is information on the Internet that I wouldn't
- allow my children to see, I don't agree with the proposals
- from the Rep. Henry Hyde (R-IL) and others that would censor the
- the Internet. As a parent, I have parental control tools that
- are far more effective at controlling my children's access to the
- Internet.
-
- House members of the Conference Committee
-
- Dist ST Name, Address, and Party Phone Fax
- ==== == ======================== ============== ==============
- 6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656
- 14 CA Eshoo, Anna G. (D) 1-202-225-8104 1-202-225-8890
- 6 TN Gordon, Bart (D) 1-202-225-4231 1-202-225-6887
- 27 NY Paxon, Bill 1-202-225-5265 1-202-225-5910
- 7 GA Barr, Bob (R) 1-202-225-2931 n.a.
- 1 IL Rush, Bobby L. (D) 1-202-225-4372 1-202-226-0333
- 27 CA Moorhead, Carlos J. (R) 1-202-225-4176 1-202-226-1279
- 6 FL Stearns, Clifford B. (R) 1-202-225-5744 1-202-225-3973
- 4 NY Frisa, Daniel (R) 1-202-225-5516 1-202-225-4672
- 6 CO Schaefer, Daniel (R) 1-202-225-7882 1-202-225-7885
- 14 IL Hastert, J. D. (R) 1-202-225-2976 1-202-225-0697
- 7 MA Markey, Edward J. (D) 1-202-225-2836 1-202-225-8689
- 23 CA Gallegly, Elton (R) 1-202-225-5811 1-202-225-1100
- 6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240
- 26 CA Berman, Howard L. (D) 1-202-225-4695 1-202-225-5279
- 8 TX Fields, Jack (R) 1-202-225-4901 1-202-225-2772
- 6 TX Barton, Joseph (R) 1-202-225-2002 1-202-225-3052
- 5 TX Bryant, John (D) 1-202-225-2231 1-202-225-9721
- 14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072
- 16 MI Dingell, John D. (D) 1-202-225-4071 1-202-225-7426
- 1 AR Lambert-Lincoln, Blanche (D) 1-202-225-4076 1-202-225-4654
- 10 OH Hoke, Martin R. (R) 1-202-225-5871 1-202-226-0994
- 5 IL Flanagan, Michael (R) 1-202-225-4061 n.a.
- 4 OH Oxley, Michael G. (R) 1-202-225-2676 1-202-226-1160
- 1 CO Schroeder, Patricia (D) 1-202-225-4431 1-202-225-5842
- 9 VA Boucher, Rick (D) 1-202-225-3861 1-202-225-0442
- 1 WA White, Rick (R) 1-202-225-6311 1-202-225-2286
- 6 VA Goodlatte, Robert W. (R) 1-202-225-5431 1-202-225-9681
- 3 VA Scott, Robert C. (D) 1-202-225-8351 1-202-225-8354
- 2 WI Klug, Scott (R) 1-202-225-2906 1-202-225-6942
- 18 TX Jackson-Lee, Sheila (D) 1-202-225-3816 n.a.
- 13 OH Brown, Sherrod (D) 1-202-225-3401 1-202-225-2266
- 5 IN Buyer, Steve (D) 1-202-225-5037 n.a.
- 7 VA Bliley Jr., Thomas J. (R) 1-202-225-2815 1-202-225-0011
-
- Senate members of the Conference Committee
-
- P ST Name and Address Phone Fax
- = == ======================== ============== ==============
- R MT Burns, Conrad R. 1-202-224-2644 1-202-224-8594
- D HI Inouye, Daniel K. 1-202-224-3934 1-202-224-6747
- D SC Hollings, Ernest F. 1-202-224-6121 1-202-224-4293
- D WV Rockefeller, John D. 1-202-224-6472 n.a.
- D NE Exon, J. J. 1-202-224-4224 1-202-224-5213
- R AZ McCain, John 1-202-224-2235 1-602-952-8702
- R SD Pressler, Larry 1-202-224-5842 1-202-224-1259
- R WA Gorton, Slade 1-202-224-3441 1-202-224-9393
- R AK Stevens, Ted 1-202-224-3004 1-202-224-1044
- R MS Lott, Trent 1-202-224-6253 1-202-224-2262
- D KY Ford, Wendell H. 1-202-224-4343 1-202-224-0046
- R KS Dole, Robert 1-202-224-6521 1-202-228-1245
-
- 2. Send mail to vtw@vtw.org and let us know how it went.
-
- $ Mail vtw@vtw.org
- Subject: phoned Congress-person XXX
-
- They thanked me for my opinion and said they had received many
- calls speaking out against net censorship.
-
- ^D
- Mail sent!
-
- 3. If you run any sort of system that allows a welcome message for all
- users, please add the following:
-
- Rep. Henry Hyde (R-IL) and others are lobbying for broad
- infringements on free speech net by passing legislation that "dumb
- down" Internet content to that which is acceptable to children. In
- addition, services like this one might become liable for what their
- users say and read on the Internet. Please call Congress now; for
- more info URL:http://www.vtw.org/ or send mail to files@vtw.org with
- "send alert" in the subject line. (12/4/95)
-
- If you have a Web page that gets a lot of traffic, please add the
- following link:
-
- <a href="http://www.vtw.org/">
- Stop Rep. Henry Hyde (R-IL) from dumbing down online speech!
- (12/4/95)</a>
-
- 4. This is a very tense week. A very very bad bill could be passed.
-
- ________________________________________________________________________
-
- LEGISLATIVE HISTORY
-
- We are near the end of this year's campaign. Each chamber of Congress
- has passed several different bills, all aimed at regulating your
- communications on the Internet. They range from proposals that
- criminalize "indecency" and make service providers liable for the
- statements of their users (such as Sen. Exon's and Rep. Hyde's, put
- forth by the Christian Coalition), to proposals that encourage parental
- control and attempt to draft very narrow criminal statutes for those
- that provide "harmful" material to minors. (such as Rep. White's)
-
- You can see a synopsis of each of these in VTW's BillWatch #26 at
- URL:http://www.vtw.org/billwatch/issue.26.html
-
- The conference committee is voting this week on which proposal to adopt.
-
- ________________________________________________________________________
-
- 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 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 * 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]
-
- ------------------------------
-
-
- Subject: Upcoming events
- ------------------------
-
- This schedule lists events that are directly EFF-related. A much more
- detailed calendar of events likely to be of interest to our members and
- supporters is maintained at:
-
- ftp: ftp.eff.org, /pub/EFF/calendar.eff
- gopher: gopher.eff.org, 1/EFF, calendar.eff
- http://www.eff.org/pub/EFF/calendar.eff
-
-
- Jan. 17-
- 18 * Innovation Now; Oregon Convention Center, Portland Oregon.
- Sponsored by American Electronics Association's Oregon Council,
- et al. Speakers include EFF chair of the board Esther Dyson.
- URL: http://www.innovationnow.org/
-
- ------------------------------
-
-
- Subject: Quote of the Day
- -------------------------
-
- "The First Amendment represents a conscious and explicit trade-off which
- the Founding Fathers made between paternalistic protection from "harmful"
- thoughts and free access to information."
- - US Fed. Dist. Judge Leonie M. Brinkema, _RTC_[Church_of_Scientology]_v._
- _Lerma,_DGS,_Washington_Post,_Fisher,_&_Leiby_, Nov. 29, 1995
-
- Find yourself wondering if your privacy and freedom of speech are safe
- when bills to censor the Internet are swimming about in a sea of of
- surveillance legislation and anti-terrorism hysteria? Worried that in
- the rush to make us secure from ourselves that our government
- representatives may deprive us of our essential civil liberties?
- Concerned that legislative efforts nominally to "protect children" will
- actually censor all communications down to only content suitable for
- the playground? Alarmed by commercial and religious organizations abusing
- intellectual property law to stifle satire, dissent and criticism?
-
- Join EFF!
-
- Even if you don't live in the U.S., the anti-Internet hysteria will soon
- be visiting a legislative body near you. If it hasn't already.
-
- ------------------------------
-
-
- Subject: What YOU Can Do
- ------------------------
-
- * The Communications Decency Act & Other Censorship Legislation
-
- The Communications Decency Act and similar legislation pose serious
- threats to freedom of expression online, and to the livelihoods of system
- operators. The legislation also undermines several crucial privacy
- protections.
-
- Business/industry persons concerned should alert their corporate govt.
- affairs office and/or legal counsel. Everyone should write to their own
- Representatives and Senators, and especially the conference committee
- members, asking them to oppose Internet censorship legislation, and
- write to the conference committee members to support the reasonable
- approaches of Leahy, Klink, Cox and Wyden, and to oppose the
- unconstitutional proposals of Exon, Gorton and others. Urge them to
- accept White's demands that system operators not be held liable for
- crimes they did not commit, that the FCC be barred from regulating the
- Internet, and that *if* your Congressperson is hell-bent on passing some
- restriction, any restriction, on the Net, that he or she vote to pass only a
- "harmful to minors" statute, and condemn any unconstitutional national
- indecency standard. See the first two articles in this newsletter for
- more detailed info.
-
- For more information on what you can do to help stop this and other
- dangerous legislation, see:
-
- ftp.eff.org, /pub/Alerts/
- gopher.eff.org, 1/Alerts
- http://www.eff.org/pub/Alerts/
-
- If you do not have full internet access, send your request
- for information to ask@eff.org.
-
-
- * Digital Telephony/Comms. Assistance to Law Enforcement Act
-
- The FBI is now seeking both funding for the DT/CALEA wiretapping provisions,
- and preparing to require that staggering numbers of citizens be
- simultaneously wiretappable.
-
- To oppose the funding, write to your own Senators and Representatives
- urging them to vote against any appropriations for wiretapping.
- To oppose the FBI's wiretapping capacity demands, see the FBI Federal
- Register notice at the end of the second article in this newsletter, which
- contains instructions on how to submit formal comments on the ludicrous
- and dangerous proposal.
-
-
- * Anti-Terrorism Bills
-
- Numerous bills threatening your privacy and free speech have been introduced
- this year. None of them are close to passage at this very moment, but
- this status may change. Urge your Congresspersons to oppose these
- unconstitutional and Big-Brotherish bills.
-
-
- * The Anti-Electronic Racketeering Act
-
- This bill is unlikely to pass in any form, being very poorly drafted, and
- without much support. However, the CDA is just as bad and passed with
- flying colors [the jolly roger?] in the Senate. It's better to be safe
- than sorry. If you have a few moments to spare, writing to, faxing, or
- calling your Congresspersons to urge opposition to this bill is a good
- idea. If you only have time to do limited activism, please concentrate
- on the Internet censorship legislation instead. That legislation is far more
- imminent that the AERA.
-
- * Medical Privacy legislation
-
- Several bills relating to medical privacy issues are floating in Congress
- right now. Urge your legislators to support only proposals that *truly*
- enhance the medical privacy of citizens.
-
- More information on this legislation will be available at
- http://www.eff.org/pub/Privacy/Medical/ soon. Bug mech@eff.org to make
- it appear there faster. :)
-
-
- * Find Out Who Your Congresspersons Are
-
- Writing letters to, faxing, and phoning your representatives in Congress
- is one very important strategy of activism, and an essential way of
- making sure YOUR voice is heard on vital issues.
-
- EFF has lists of the Senate and House with contact information, as well
- as lists of Congressional committees. (A House list is included in this
- issue of EFFector). These lists are available at:
- ftp.eff.org, /pub/Activism/Congress_cmtes/
- gopher.eff.org, 1/EFF/Issues/Activism/Congress_cmtes
- http://www.eff.org/pub/Activism/Congress_cmtes/
-
- The full Senate and House lists are senate.list and hr.list, respectively.
- Those not in the U.S. should seek out similar information about their
- own legislative bodies. EFF will be happy to archive any such
- information provided.
-
- If you are having difficulty determining who your Representatives are,
- try contacting your local League of Women Voters, who maintain a great
- deal of legislative information.
-
-
- * Join EFF!
-
- You *know* privacy, freedom of speech and ability to make your voice heard
- in government are important. You have probably participated in our online
- campaigns and forums. Have you become a member of EFF yet? The best way to
- protect your online rights is to be fully informed and to make your
- opinions heard. EFF members are informed and are making a difference. Join
- EFF today!
-
- For EFF membership info, send queries to membership@eff.org, or send any
- message to info@eff.org for basic EFF info, and a membership form.
-
- ------------------------------
-
-
- Administrivia
- =============
-
- EFFector Online is published by:
-
- The Electronic Frontier Foundation
- 1550 Bryant St., Suite 725
- San Francisco CA 94103 USA
- +1 415 436 9333 (voice)
- +1 415 436 9993 (fax)
- Membership & donations: membership@eff.org
- Legal services: ssteele@eff.org
- General EFF, legal, policy or online resources queries: ask@eff.org
-
- Editor:
- Stanton McCandlish, Online Services Mgr./Activist/Archivist (mech@eff.org)
-
- This newsletter is printed on 100% recycled electrons.
-
- Reproduction of this publication in electronic media is encouraged. Signed
- articles do not necessarily represent the views of EFF. To reproduce
- signed articles individually, please contact the authors for their express
- permission. Press releases and EFF announcements may be reproduced individ-
- ually at will.
-
- To subscribe to EFFector via email, send message body of "subscribe
- effector-online" (without the "quotes") to listserv@eff.org, which will add
- you to a subscription list for EFFector.
-
- Back issues are available at:
- ftp.eff.org, /pub/EFF/Newsletters/EFFector/
- gopher.eff.org, 1/EFF/Newsletters/EFFector
- http://www.eff.org/pub/EFF/Newsletters/EFFector/
-
- To get the latest issue, send any message to effector-reflector@eff.org (or
- er@eff.org), and it will be mailed to you automagically. You can also get
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- time for a copy of the current issue. HTML editions available at:
- http://www.eff.org/pub/EFF/Newsletters/EFFector/HTML/
- at EFFweb. HTML editions of the current issue sometimes take a day or
- longer to prepare after issue of the ASCII text version.
-
- ------------------------------
-
-
-
-
-
- End of EFFector Online v08 #19 Digest
- *************************************
-
- $$
-