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- EFFector Online Volume 09 No. 01 Jan. 5, 1995 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- IN THIS ISSUE:
-
- ALERT: Meet With Legislators to Stop the CDA!
- What You Can Do Now
- How To Setup A Really Good Meeting With Congressional Staff
- The Latest News
- Chronology of the CDA
- For More Information
- List Of Participating Organizations
- Latest Telecom Bill Provisions Would Cripple Online Free Speech
- Guest editorial: "Nanny on the Net", by Rep. Anna Eshoo (D-CA)
- EFF Named Beneficiary of 8th Annual Digital Be-In (Jan. 11)
- NewsNybbles [skipped again 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! *
-
- -> If you are organizing a rally in your area, please let us know.
- -> We'll keep the alerts page updated. - mech@eff.org
-
- ----------------------------------------------------------------------
-
-
- Subject: ALERT: Meet With Legislators to Stop the CDA!
- ------------------------------------------------------
-
- As most of you know, CompuServe has censored the Usenet access of its
- customers - including access to a variety of political and social issues
- forums having nothing to do with pornography, in response to
- investigations by German prosecutors, and, more to the point, to comply
- with the Communications Decency Act, even though it is not law (yet).
- AOL similarly censored user profiles that contained the word "breast",
- inadvertently clobbering the profiles of breast cancer survivors. The
- online services as well as the users, are already becoming victims of the
- climate of fear inspired by Congress' attempts to pass unconstitutional
- restrictions on Internet speech.
-
- Those attempts are still underway. Though, thankfully, passage of this
- legislation has been at least delayed, the fight is NOT yet over. Please
- read and act on this alert. The full text of the latest version of the
- censorship provisions is available at:
-
- http://www.eff.org/pub/Alerts/s652_hr1555_96_draft_bill.excerpt
- gopher.eff.org, 1/Alerts, s652_hr1555_96_draft_bill.excerpt
- ftp.eff.org, /pub/Alerts/s652_hr1555_96_draft_bill.excerpt
-
- The second article below contains EFF's concise analysis of and statement
- on this draft legislation, followed by a guest editorial from US
- Representative Anna Eshoo of California, condeming these "Communications
- Decency" provisions.
-
-
- ________________________________________________________________________
-
-
- CAMPAIGN TO STOP THE NET CENSORSHIP LEGISLATION
- (SEE THE LIST OF CAMPAIGN COALITION MEMBERS AT THE END)
-
- Update: -Latest News: We've won our reprieve! Make this count!
-
- -What You Can Do Now: Meet with your Congress-person and
- ask them to oppose the Telecomm bill
-
- CAMPAIGN TO STOP THE UNCONSTITUTIONAL COMMUNICATIONS DECENCY ACT
- Jan 1, 1996
-
- PLEASE WIDELY REDISTRIBUTE THIS DOCUMENT WITH THIS BANNER INTACT
- REDISTRIBUTE ONLY UNTIL Jan 30, 1996
- REPRODUCE THIS ALERT ONLY IN RELEVANT FORUMS
-
- ________________________________________________________________________
-
- CONTENTS
- What You Can Do Now
- How To Setup A Really Good Meeting With Congressional Staff
- The Latest News
- Chronology of the CDA
- For More Information
- List Of Participating Organizations
-
- ________________________________________________________________________
-
- WHAT YOU CAN DO NOW
-
- As you probably already know, Congress has attached legislation to the
- Telecommunications Deregulation bill that will criminalize much speech
- on the Internet that may be considered "indecent" with a 2 year jail
- term and a US$100,000 fine. Online activists have been fighting to have
- these provisions removed from the bill from Day 1. Our latest thrust
- has been to stall the passage of the bill, hoping to gather enough
- support to have these provisions removed.
-
- As you also probably already know, Congress broke for the year without
- voting on the Telecommunications Deregulation bill. Although net
- activists should not take too much credit for this nonevent, our loud
- objections to the language being tossed around in the Conference
- committee certainly helped slow things down a bit.
-
- We have bought ourselves some time, and now we must meet with our
- legislators and explain to them why the Telecommunications Deregulation
- bill will cripple the Internet as a medium for commerce, education, and
- democracy.
-
- We've done well so far in establishing ourselves and our concerns in
- Washington DC. We need to transform ourselves, evolve into the next
- step in the political process and begin the face to face work that will
- convince candidates that we vote, and our votes turn on the First
- Amendment.
-
- Make a New Year's resolution: vow to have a face to face meeting with
- the staff of your local legislator. Follow the directions below and
- help become a part of the growing Internet Voter block.
-
- 1. Setup a meeting at the local office of your Congress-person.
-
- Sample phone call (a bit long for a call, but use it as a guide)
-
- Hi, I'm a constituent.
-
- The pending Telecommunications Reform bill contains a provision
- which, under the guise of protecting children from
- objectionable material on the Internet, will destroy the
- Internet as a viable medium for commerce, education, and
- democracy. I believe that there are other, less restrictive
- ways to address this issue.
-
- I am very concerned about this issue, and I would like to come
- in and meet with someone in your office to talk about why this
- bill must not be passed in its current form. How soon can I
- schedule a meeting?
-
- If you don't know who your local legislator is, try these methods:
-
- League of Women Voters: In many cities you can call them and they will
- look up your legislator for you.
- Elections Board: Many cities allow you to look up your legislator by
- calling the local Elections board.
- The Zipper: Stardot Consulting has setup a Congressional lookup service
- called the Zipper, which lets you look up your legislator by entering
- your zipcode. URL:http://www.stardot.com/zipper/
-
- You can call the capitol switchboard at: 202 224-3121
- A list of phone numbers for Congress is available also at:
- URL:http://www.vtw.org/congress/
-
- 2. Tell us about your meeting, preferably before and after by sending us
- mail to feedback@vtw.org. We will be keeping track of feedback to help
- coordinate lobbying efforts in DC if and when Congress votes on this issue.
-
- $ Mail feedback@vtw.org
- Subject: meeting setup with Rep. Snodgrass
-
- I've got a meeting scheduled with Rep. Snodgrass' staff on Tues.
- I'm taking the Internet Parental Control FAQ and will educate them
- about why these laws are not only unnecessary, but will not help
- control kids' access to the net!
- ^D
-
- $ Mail feedback@vtw.org
- Subject: my meeting with Rep. Snodgrass
-
- I just got back from my meeting with Snodgrass' staff. It went well!
- They didn't know anything about the Internet, but I helped explain
- to them about parental control tools and the fact that current laws
- are *already* being enforced there, and they seemed to understand!
- ^D
-
- 3. Relax! You have really done a lot to help the cause.
-
- ________________________________________________________________________
-
- HOW TO SETUP A REALLY GOOD MEETING WITH CONGRESSIONAL STAFF
-
- REMEMBER THE POINT OF THE MEETING
- You must have a clear theme in the meeting. Even if you say it and you
- think it sounds corny, you don't want to leave a staffer guessing at what
- you want.
-
- The theme should be:
-
- The Telecom bill should not pass with the net censorship
- provisions in its current form. House Speaker Gingrich and
- Senate Leader Dole have both expressed concern over these
- provisions. Please work with them to protect free speech and
- the Internet.
-
- It will help if you bring a personal Internet success story, such as
- important medical information found on the net, children gets material
- for school reports, car-owners talking to one another, camping tips,
- consumer product information from companies, local library card
- catalog, government information from CDC, Census, USDA, NASA, etc.
-
- SCHEDULING THE MEETING
- When you setup your meeting, do not overload the meeting. It is better
- to have a local office have three meetings with three people, rather
- than one meeting with nine people.
-
- A perfect meeting would include an Internet user, an Internet business
- (like an Internet provider or another company that uses the net), and a
- librarian. Pick someone to be the MC so things progress smoothly.
-
- If you're the only one going to the meeting, that is good too. It's
- better to go to the meeting alone, rather than have no meeting at all.
-
- PREPARING FOR THE MEETING
- Make sure you're familiar with the issues before going into the
- meeting. Take some time to read the Communications Decency Act FAQ
- available from URL:http://www.vtw.org/pubs/cdafaq to get a sense of the
- myths you may have to dispel during the meeting. Also, become familiar
- with, and take a copy of the VTW Internet Parental Control FAQ to back
- up claims that there are many parental control devices out there that
- allow parents to control what their children see on the Internet. It
- is available from URL:http://www.vtw.org/pubs/ipcfaq.
-
- Are you ready? Ask yourself if you know why no new laws are necessary
- to control information on the Internet.
-
- If the answer is that current laws about child porn and obscene
- material extend there already, which, combined with parental control
- tools, make such unconstitutional laws unnecessary, then you're ready.
-
- RUNNING THE MEETING
- Remember that most staffers know nothing about the Internet. You'll have to
- bring them up to speed on the net, as well as why the net needs no new laws.
- It's crucial you be polite. This is the first time they've met Internet
- Voters, and first impressions count.
-
- Dress appropriately, a jacket and tie are not out of the question. Be very
- polite and patient. Never raise your voice or utter the following phrases
- during a meeting with a staffer:
-
- "I pay my taxes" or "You work for me, I'm a taxpayer"
- (We all pay taxes, this is moot)
-
- "I'll make sure you're not re-elected"
- (They haven't met that many Internet Voters yet to convince them
- this might be true)
-
- Make sure everyone has a chance to speak, answer any questions they might
- have, and then thank the staffer for their time. Leave your name and number
- so they can call you and ask you any questions they might think of later.
-
- AFTER THE MEETING
- Send a thank you letter (faxing it is appropriate). Remember to let VTW
- know that you had the meeting by sending email to feedback@vtw.org.
-
- ________________________________________________________________________
-
- THE LATEST NEWS
-
- Congress has broken for the year without a vote on the Telecomm bill.
- We have been given the breathing room we sorely needed. We must now
- convince legislators to vote against the censorship legislation.
-
- Just to refresh your memory, the House and Senate passed different pieces
- of legislation which addressed regulation of the Internet. Some of the
- legislation promoted a "parental control" approach, where parents, not
- the government, were the most appropriate to control children's access
- to speech on the Internet. (This approach was called Cox/Wyden and was
- approved 421-4 by the House)
-
- Other proposals advocated dumbing down the content of the Internet to
- that which is acceptable to children, and holding providers responsible
- for the speech of their users. These approaches were the Communications
- Decency Act (S314 approved 84-16 by the Senate), and the Manager's Amendment
- (slipped into the House Telecomm bill at the last second).
-
- Although we are trying very hard to get an electronic copy of the conference
- report, it's not fast in coming. As soon as we can get a copy into electronic
- form we'll put it up on several WWW pages.
-
- In the meantime, here's a summary of what the bill looks like.
-
- CRIMINALIZATION OF "INDECENT" MATERIAL
- The proposed legislation relies on the unconstitutional "indecency standard".
- Like the Exon Communications Decency Act, it seeks to regulate all indecent
- speech online.
-
- Indecency is a broad category that may include everything from George Carlin's
- "seven dirty words" to such classic novels and "The Catcher in the Rye",
- "Lady Chatterly's Lover", "The Scarlet Letter", "A Tree Grows in Brooklyn",
- "Our Bodies, Our Selves", Shakespeare's "Romeo and Juliet", and "Catch-22".
-
- The Supreme Court has ruled that restrictions on indecent speech are
- Constitutional only if they rely on the "least restrictive means". Broad
- indecency restrictions on interactive media do not satisfy the "least
- restrictive means" test, because interactive media allows users and
- parents tremendous control over the information they receive.
-
- The net effect of an indecency restriction would be to tone down every
- conversation, web page, newsgroup, and mailing list on the Internet
- to the level of what is not offensive to children.
-
- Even the Department of Justice, who will have to enforce this law once
- it becomes public, says that the indecency standard is "constitutionally
- problematic". (Letter from Andrew Fois of US DOJ to Rep. Howard Berman,
- 12/20/95)
-
- CONTENT PROVIDERS, ONLINE SERVICES, AND LIBRARIES CRIMINALLY LIABLE FOR
- EXPRESSION ONLINE
- Although the proposed legislation tries to hold harmless those who simply
- function as "pipelines" for Internet access, there are many Internet
- businesses who act as more than just access providers. Hosting discussion
- groups, chat rooms, and other additional services, many Internet providers
- function as content providers as well as simple access providers.
-
- On top of this, the rest of us who provide content on the net (which includes
- everyone who sends mail, posts to Usenet, puts up a WWW page, maintains an
- ftp directory, or a gopher page) will fall under the indecency law, and
- be forced to screen our material and "dumb it down" to the level of what is
- not offensive to a child.
-
- This will include anything having to do with sexual abuse, abortion, or any
- strong language.
-
- "GOOD SAMARITAN" PROVISION REMAINS IN BILL
- The original Cox/Wyden/White legislation included a "Good Samaritan"
- provision which said that a provider who takes some actions to police
- their content cannot be penalized for not taking action in other places.
-
- UNPRECEDENTED CONTROL OVER ONLINE SPEECH FOR THE FCC
- The original Cox/Wyden/White bill prohibited FCC jurisdiction over the
- Internet. This provision has been removed from the proposed legislation,
- which now leaves the FCC open to make a case for regulating this new
- medium.
-
- The Internet has developed from a government project to a market-driven
- economic boom for thousands of businesses. Giving the FCC authority over
- this medium would significantly hinder the growth of this new industry.
-
- ________________________________________________________________________
-
- CHRONOLOGY OF THE COMMUNICATIONS DECENCY ACT
-
- Dec 7, '95 The House half of the Telecomm conference committee
- votes the "indecency" standard for online speech into
- the Telecomm Deregulation bill.
- Sep 26, '95 Sen. Russ Feingold urges committee members to drop
- Managers Amendment and the CDA from the Telecommunications
- Deregulation bill
- Aug 4, '95 House passes HR1555 which goes into conference with S652.
- Aug 4, '95 House votes to attach Managers Amendment (which contains
- new criminal penalties for speech online) to
- Telecommunications Reform bill (HR1555).
- Aug 4, '95 House votes 421-4 to attach HR1978 to Telecommunications
- Reform bill (HR1555).
- Jun 30, '95 Cox and Wyden introduce the "Internet Freedom and Family
- Empowerment Act" (HR 1978) as an alternative to the CDA.
- Jun 21, '95 Several prominent House members publicly announce their
- opposition to the CDA, including Rep. Newt Gingrich (R-GA),
- Rep. Chris Cox (R-CA), and Rep. Ron Wyden (D-OR).
- Jun 14, '95 The Senate passes the CDA as attached to the Telecomm
- reform bill (S 652) by a vote of 84-16. The Leahy bill
- (S 714) is not passed.
- May 24, '95 The House Telecomm Reform bill (HR 1555) leaves committee
- in the House with the Leahy alternative attached to it,
- thanks to Rep. Ron Klink of (D-PA). The Communications
- Decency Act is not attached to it.
- Apr 7, '95 Sen. Leahy (D-VT) introduces S.714, an alternative to
- the Exon/Gorton bill, which commissions the Dept. of
- Justice to study the problem to see if additional legislation
- (such as the CDA) is necessary.
- Mar 23, '95 S314 amended and attached to the telecommunications reform
- bill by Sen. Gorton (R-WA). Language provides some provider
- protection, but continues to infringe upon email privacy
- and free speech.
- Feb 21, '95 HR1004 referred to the House Commerce and Judiciary committees
- Feb 21, '95 HR1004 introduced by Rep. Johnson (D-SD)
- Feb 1, '95 S314 referred to the Senate Commerce committee
- Feb 1, '95 S314 introduced by Sen. Exon (D-NE) and Gorton (R-WA).
-
- ________________________________________________________________________
-
- FOR MORE INFORMATION
-
- Web Sites (roughly in alphabetical order)
- URL:http://www.eff.org/pub/Alerts/
- URL:http://epic.org/
- URL:http://www.cdt.org/cda.html
- URL:http://www.cpsr.org/
- URL:http://www.vtw.org/
-
- Email:
- vtw@vtw.org (put "ipcfaq" in the subject line for the Internet
- Parental Control FAQ or "send cdafaq" for the CDA FAQ)
- cda-info@cdt.org (General CDA information)
- cda-stat@cdt.org (Current status of the CDA)
-
- ________________________________________________________________________
-
- 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 Civil Liberties Union * American Communication Association *
- American Council for the Arts * Arts & Technology Society * 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 * Dorsai Embassy * 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 * Electronic Privacy Information Center * 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 * HotWired
- Magazine * 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. * Michigan Electronic Communities of
- Concerned Adults * 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 *
- Web Review Magazine * Wired Magazine * Voters Telecommunications Watch
-
- (Note: All 'Electronic Frontier' organizations are independent entities,
- not EFF chapters or divisions.)
-
- ________________________________________________________________________
-
- End Alert
-
- ------------------------------
-
-
- Subject: Latest Telecom Bill Provisions Would Cripple Online Free Speech
- ------------------------------------------------------------------------
-
- The Electronic Frontier Foundation has reviewed the draft language
- of the "indecency" sections of the Telecommunications Deregulation Act
- proposed by Sen. Pressler's joint conference committee. In every
- respect, this language is abhorrent to all who value the First
- Amendment's guarantees of freedom of speech.
-
- This latest "indecency" legislation from Congress would impose upon the
- Internet a vague and unspecified "speech code", chilling
- freedom of speech among law-abiding citizens while having little or no
- affect on purveyors of obscenity or child pornography (both of which are
- already illegal, online or offline, in the US.) The Justice Dept. itself
- agrees that law enforcement needs no new anti-porn laws for this medium.
-
- Despite the claims of the bill's supporters, this would not be a law
- limited to pornography or the sexual abuse of children. Instead, the
- Telecom Bill would criminalize a great range of expression that
- is legal in media such as books, newspapers, cable television, film and the
- stage, as well as group conversation and personal correspondence. It
- would reduce discussion and publication on the Net to what is appropriate
- for a third-grade classroom. Our government is proposing to regulate the
- free exchange of ideas. This is unacceptable.
-
-
- Problems with the legislation include:
-
- 1) It would unconstitutionally censor speech on the Internet as if it
- were a "one-to-many" broadcast medium, despite the fact that less-
- restrictive means are available to prevent access to sexual (or any other)
- material - means like ratings, labelling and filtering systems and
- services. All content and communication on the Net would be placed under
- the control of the Federal Communications Commission, whose unelected
- officials in Washington, DC, would set the standards of what is
- "acceptable" expression online.
-
- 2) Anyone who makes so-called indecent content available on the
- Net in places where children *might* come across it, would be guilty of a
- felony and punishable by a jail term and a quarter-million dollar fine.
- It is as if librarians could be sent to jail simply because a child might
- come across the King James Bible, or works by Norman Mailer or J.D.
- Salinger on the library's shelves.
-
-
-
- 3) The term "indecency" is deliberately left undefined in the statute.
- This uncertainty will act as a "chilling effect" on the free speech of
- citizens who are unsure about its meaning, and will retard business and
- educational investment in the medium.
-
-
- 4) Online services providers would be held liable even if they enable
- parents and other users to employ filters and labelling systems to block
- "offensive" content.
-
- 5) The statute does not prevent the states from enacting their own
- censorship laws. This will create legal mayhem, and increase
- the risk of conflicting regulatory burdens on service providers and users.
-
-
- In sum, the latest "indecency" proposal has all the problems of previous
- proposals and adds some new ones. It insists on treating computer networks
- as if they were like broadcasting, and as if they had what the Supreme Court
- takes to be broadcasting's unique characteristics of pervasiveness and
- spectrum scarcity. But the network capacity is not "scarce" in the sense
- that broadcast frequencies are, and the Net is not "pervasive" in in the
- sense that content is "pushed" toward a passive audience unable to block
- unwanted material before receiving it -- on the Net, content is "pulled
- by the user, who has a widening range of filtration options available.
-
- Thus there is no rationale for this new iteration of the "Communications
- Decency" legislation, which would transmute a medium that has been the
- fulfillment of the promise of the First Amendment into a lowest-common-
- denominator environment fit only for goverment-regulated expression.
- EFF opposes it, as you should.
-
- If you are interested in discovering what you can do to oppose this
- legislation, which has not yet been reported out of conference committee,
- please check the EFF web page (http://www.eff.org/) and the Voters Telecom
- Watch web page (http://www.vtw.org/). It is not too late to let your
- Representatives and Senators know that you value the First Amendment online,
- and that you will not support politicians and policymakers who pass ignorant,
- ineffective, and destructive laws that do little or nothing to protect
- children, and that savagely undercut our freedom of speech in the online
- world.
-
-
- *************************************************************************
- The Electronic Frontier Foundation (EFF) is a non-profit public interest
- organization devoted to protecting privacy and freedom of expression as
- new communications technologies emerge.
- *************************************************************************
-
- Contact:
-
- Electronic Frontier Foundtion
- +1 415 436 9333 (voice)
- +1 415 436 9993 (fax)
- eff@eff.org
- 1550 Bryant St., Suite 725
- San Francisco CA 94103 USA
-
- ------------------------------
-
-
- From: US Rep. Anna Eshoo (annagram@hr.house.gov)
- Subject: Guest editorial: "Nanny on the Net", by Rep Anna Eshoo (D-CA)
- ----------------------------------------------------------------------
-
- Despite all the talk about "getting government off our backs," some
- conservatives are now trying to have it intrude in our private lives.
- Ironically, they are using the Internet itself to promote censorship of the
- Information Superhighway and encourage Congress to turn the federal
- government into an online nanny.
-
- On November 30, 1995, the Christian Coalition posted an "Action Alert"
- on its home page urging its supporters to call, fax, and send letters to
- "the House and Senate members who will decide whether or not kids will
- continue to get easy access to hard core porn" on the Internet "and urge
- them to support the only proposal that gets tough on porn, the Hyde
- proposal."
-
- As one of the House members appointed to the Telecommunications
- Reform Conference Committee, I'm very familiar with Rep. Hyde's
- legislation. He wants to establish a penalty of two years in prison and
- up to $100,000 in fines for anyone sending "indecent" material on the
- Internet. In addition, he seeks to hold online services--like
- CompuServe--and their users criminally liable for the content that is
- transmitted by such services, even in areas of these services beyond
- their control. Yes, his provision gets tough on pornography. But it also
- trashes the Constitution in the process and curbs free speech in the
- United States.
-
- First, the "indecency" standard is so vague that it creates an
- unprecedented criminal situation in which people and organizations will
- be violating the law for private expressions that are in no sense
- pornographic. Great works of literature like Ulysses or Catcher In The
- Rye could be banned from the Net, as could individual conversations that
- include profane comments or deal with mature topics that may be
- considered unsuitable for children. This is the cyberspace equivalent of
- book burning and should be rejected outright.
-
- Second, if members of the Christian Coalition wish to stay on a strictly
- family friendly diet of reading material, it is their privilege and anyone
- else's. They shouldn't be able to impose their ideological and moral
- standards on others or get Washington to do their bidding for them. The
- Hyde proposal opens the door for the Federal Communications
- Commission (FCC) to engage in broad-based regulation of the Internet. It
- would place the federal government in the position of reviewing private
- communications between individuals. We don't let the Postal Service
- read our letters, and we shouldn't let the FCC screen our e-mail either.
-
- Third, high technology businesses are vulnerable to lawsuits or criminal
- prosecution under the Hyde proposal. For example, Netscape provides
- customers with "browsing" software that enables them to jump from
- network to network over the World Wide Web. The company's
- executives have no control over where their customers go, but under
- the Hyde plan, they can get thrown in prison if people wander in the
- wrong direction. That makes as much sense as arresting a telephone
- operator because someone makes an obscene phone call.
- Fourth, successful U.S. government censorship of the Net is a doubtful
- proposition. The Internet is not an American government network, nor is
- it a network solely owned or controlled by American companies.
- Because the Net is a private, global network, it's unlikely that censorship
- by a government agency will accomplish the goals set out by proponents
- of federal intrusion.
-
- To get a glimpse of government nannies in action, one need look no
- further than the recent decision by CompuServe to block subscriber
- access to more than 200 computer discussion groups and picture data
- bases. The online company was ordered to take this drastic action by a
- prosecutor in Germany who said the material in question violates German
- pornography laws and other prohibitions against explicit materials
- deemed harmful to minors and adults.
-
- On the day that they were banned, the Electronic Frontier Foundation
- posted a list of these newsgroups on its home page. Among the items
- that CompuServe is being forced to hide from its four million users are
- serious discussions about Internet censorship legislation pending in
- Congress, thoughtful postings about human rights and marriage, and a
- support group for gay and lesbian youth. Banning this material doesn't
- protect minors and adults--but it does have a chilling effect on political
- and social discussion in a free society.
-
- The German experience should serve as a warning to Congress about
- the consequences of online censorship and government intrusion in our
- lives. If the Christian Coalition and its conservative allies really want to
- help parents stop their children from reading objectionable material, they
- should encourage the use of software developed by private companies
- that will give them the power to determine what is accessible on their
- computers. According to the Interactive Working Group, America Online
- and Prodigy offer technologies that allow parents to block their children's
- access to certain online forums where they might find inappropriate
- materials. Further, a variety of software developers have produced
- parental control features for home PCs, while schools and businesses
- have the ability to block specific sites from access by underage Internet
- users.
-
- If ever a piece of legislation deserved to be deleted from a democratic
- political system, the Hyde proposal is it. While the problem of children
- being exposed to pornography is a legitimate issue that society must
- address in a responsible manner, control of the Internet belongs in the
- hands of mom and dad, not Uncle Sam.
- __________________________________________________________
- Anna Eshoo represents California's 14th Congressional District.
-
- ------------------------------
-
-
- Subject: EFF Named Beneficiary of 8th Annual Digital Be-In (Jan. 11)
- --------------------------------------------------------------------
-
- Multimedia Concert and Exhibition Melds the Technology of the 1990s
- with the Evolutionary Spirit of the 1960s
-
- SAN FRANCISCO, CA ╨ Verbum╒s ever-evolving Digital Be-In, now in its eighth
- year, migrates into cyberspace with a pioneering live netcast of the January
- 11 event. Inspired by the seminal January 1967 Human Be-In and the counter-
- cultural origins of the personal computer and digital media revolutions, the
- ╘90s Be-In showcases humanistic applications of digital technology and the
- aesthetics of the future. Scheduled during MacWorld Expo from 7 p.m.╨2 a.m. on
- January 11, 1996 at the Transmission Theater, 314 11th Street in San
- Francisco, the Digital Be-In is open to the public, with tickets $15 in
- advance and $20 at the door, available at all Bay Area BASS ticket outlets,
- 510-762-BASS, at the Verbum Booth #4474 at MacWorld Expo, or by calling 415-
- 777-9901.
-
- The event will benefit the Electronic Frontier Foundation, recently relocated
- to San Francisco from Washington, D.C. The EFF was founded by John Perry
- Barlow, Mitch Kapor and John Gilmore, is the leading public advocacy group
- for citizen rights in the emerging media.
-
- The Be-In is produced by San Francisco-based multimedia publisher Verbum, Inc.
- Sponsors include Progressive Networks (makers of Real Audio), MacWorld Expo,
- Fujitsu TeleParc internet magazine, Equilibrium (makers of DeBabelizer
- software), Chi Pants, Pop Rocket, Imaja, Micro Publishing News, MicroTimes,
- BAM, and ISP Networks.
-
-
- LAUNCH OF THE BE-IN WEBSITE
- The Be-In internet site (http://www.be-in.com/) will be the source of a live
- ╥netcast╙ of the January 11 event, which will utilize continuously
- updated pages and live audio feeds. Video clips will be available to
- download, and CU-SeeMe live video will be used to bring participants
- such as Timothy Leary to the event from remote locations. The website
- includes a ╥Mind Meld╙ area where visitors can participate in the
- development of the Be-In and the ideas surrounding it, and the Real-Time
- Be-In, which simulates the actual live venue, allowing visitors to
- experience different areas of the Be-In as if they were actually
- present. Executive Producer Michael Gosney expects that this year╒s Be-In
- ╥will continue the tradition of thought-provoking content and great
- entertainment╤with the added dimension of the innovative netcast made possible
- by several talented individuals and groups working together to create
- something truly original on the net. The Be-In website will continue evolving,
- both as a community of ideas, and, eventually, into a fully immersive
- navigable 3D environment.╙
-
- MUSIC, MINDS AND BLENDO
- Show highlights include musical performances by The Venusians, Haunted by
- Waters, tantric dancer Daniella Haskara, and the usual expected surprise
- appearances; readings by leading San Francisco poets Allen Cohen (with musical
- accompaniment by George Michalski), Neeli Cherkovski, Jack Foley, Genny Lin,
- Julia Vinograd and Bart Alberti; appearances by Timothy Leary, John Barlow,
- Paolo Soleri, R.U. Sirius, EFF Staff Counsel Mike Godwin and many others.
- The musical performances will be enhanced with the Be-In╒s popular
- ╥blendo╙ visual accompaniment by several leading digital artists, including
- Denise Gallant and Peter Towbin.
-
- THE DIGITAL FRONTIER: OPEN SCREENS, VR, FINE ART, GLOBAL NETS
- In addition to the performances, the Be-In will again feature the popular
- Digital Frontier, where pioneering digital media applications are showcased,
- with an emphasis on aesthetics and thoughtful content. This year, the Frontier
- incorporates a special edition of Gulture Enterprises╒ monthly ╥Open Screens╙
- forum of film, video, computer and animation works.
-
- Other highlights include ╥VR the World,╙ a collection of cutting edge virtual
- reality exhibits organized by CyberEdge Journal, ╥The Art-ROM Room╙ selection
- of limited edition fine art multimedia works on CD-ROM collected by Beverly
- Reiser and Lucia Grossberger; an interactive exhibit by IGC Networks, who
- manage Womens Net, PeaceNet, EcoNet, ConflictNet and LaborNet; and a Digital
- Art Exhibit of 2D works by Bert Monroy, a ╥futurespective╙ of editorial art
- from MONDO 2000 magazine, and the winners of the Micro Publishing News digital
- illustration competition sponsored by Digital Pond of San Francisco.
-
- THE BE-IN WEBSITE AND LIVE NETCAST
- For the precedent-setting netcast, Verbum╒s team of producers and ╥cyber-
- reporters╙ will be working with MediaCast, a San Francisco firm specialized in
- live internet exvents, ISP Networks, a Bay Area internet service provider, and
- Progressive Networks, creators of RealAudio technology. Verbum╒s site,
- optimized for the Netscape Navigator 2.0 browser, has been designed to allow
- for continuous uploading of images and text, which form a ╥time capsule╙ of
- the entire event. Real Audio, a compression system which allows high-quality
- audio streaming (uploaded to the user on demand, as opposed to being
- downloaded and then played) wil be used to continuously broadcast
- entertainment and interviews during the event, including the commentary of Be-
- In hosts and MCs. The netcast will also utilize CU-See-Me, a video
- conferencing software that includes black and white or color video with
- monaural audio, and M-Bone, a broad bandwidth broadcast featuring full-motion
- color video and high fidelity audio. QuickTime videos and audio clips will be
- avail-able for downloading, and the site will include of hotlinks to related
- websites. Tokyo╒s TeleParc online magazine will carry the event with Japanese
- reportage for viewers in the Far East.
-
- The Digital Art Be-In is produced by multimedia publisher Verbum, which has
- developed magazines, books, and multimedia CD-ROMs for creative professionals
- working with digital media since its founding by Michael Gosney in 1986.
- Verbum's current Multimedia Power Tools ╨ Second Edition book/CD-ROM (Random
- House), Desktop Color Book ╨ Second Edition (MIT Press), and The Official
- Photo CD Handbook book with 2 CDs (Peachpit Press), are leading resources for
- the new wave of digital design and multimedia production. Verbum╒s Digital Be-
- In has been produced every year since 1988, sponsored by prominent hardware
- and software vendors.
-
- According to Gosney, ╥We're not about left or right politics, we're about
- taking the ideals and visions that emerged in the contradictory ferment of the
- ╒60s and translating them into evolutionary tools for the human race. The ╒60s
- spawned a community of hackers and artists that eventually gave birth to the
- personal computer, and is now creating the advanced software and integrated
- media technologies that give substance to the ╘information superhighway╒
- rhetoric. The Be-In celebrates the collective genius of those who are creating
- the new media, and encourages conscience and vision in its global, democratic
- implementation.╙
- HISTORY
-
- The Human Be-In: Spark of the Counterculture
-
- ╥A Gathering of the Tribes for a Human Be-In,╙ announced on the cover of the
- new issue of the San Francisco Oracle, would feature Timothy Leary, Allen
- Ginsberg, Gary Snyder, Richard (Ram Dass) Alpert, Dick Gregory, Lenore Kandel,
- Jerry Ruben, and All SF Rock Bands January 14, 1967, 1 to 5 pm in Golden Gate
- Park. 30,000 people showed up.
-
- The Be-In focused the key ideas of the 1960s counter-culture: personal power,
- decentralization, ecological awareness, consciousness expansion. More
- encompassing than a war protest movement, the counter culture ╥questioned
- authority╙ in regard to civil rights, women╒s rights, and consumer rights,
- shaped its own alternative media - the ╥underground╙ newspapers and radio
- stations, and spawned new directions in music, art, and technology.
-
- In the 1970s, the dynamic San Francisco area milieu, blending Silicon Valley
- with Haight Ashbury and Berkeley, gave birth to the personal computer ╨ the
- ultimate gesture of personal power, ╥counter╙ to the then-prevailing main
- frame computer paradigm that implied centralized authority.
-
-
- Verbum╒s Digital Be-Ins
-
- The Digital Be-Ins, held each January in San Francisco during MacWorld Expo,
- bring together and celebrate the Bay Area and international community of
- artists, programmers, technology visionaries and entrepreneurs whose work with
- digital media is transforming the worlds of publishing, video and music
- production, education, training╤and ultimately mass communication and
- entertainment. This community of talented, driven, dedicated people is
- contributing in an essential way to the development of a worldwide,
- multilingual digital network╤its interfaces and architectures╤and the new
- multimedia content forms that will move through it.
-
- For further information: please see the Be-In WWW Site at
- http://www.be-in.com/, and/or contact Veronika Hausle of Verbum at 415-777-
- 9901 or 777-0665, mail@verbum.com; Queenie Taylor at 415-380-8068; or Bob
- Gelman at 415-728-7778, cyberguy@well.com.
-
- ------------------------------
-
-
- 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. 11 * 8th Annual Digital Be-In Multimedia Concert, Exhibition and EFF
- Benefit; Transmission Theater, 11th & Folsom, San Francisco Calif.
- Sponsored by Verbum, Mac World, et al. Speakers will include
- EFF co-founder and boardmember John Perry Barlow, EFF staff counsel
- Mike Godwin, Paolo Soleri, Timothy Leary, R.U. Sirius (_Mondo_
- _2000_), plus various performances and exhibits. Along with the
- meatspace event, the Be-In will be Cybercast, so that anyone may
- participate virtually. See the web page for more info.
- Contact: +1 415 777 9901; tickets: +1 510 762 2277
- Email: mail@verbum.com
- URL: http://www.be-in.com/
-
- * UniForum Security Seminar; Westin Hotel, Santa Clara, Calif.
- Speakers will include EFF co-founder and boardmember John Gilmore,
- Whit Diffie (Sun Microsystems), Web Augustine (Verisign), Chini
- Kirshna (Terisa Systems), Taher El Gamal (Netscape). Topics include
- encryption & security, electronic commerce, social implications of
- cryptography, and digital certificates & identification.
- Contact: 1 800 255-5620 x30 (voice, US-only)
- +1 408 986 8840 x30 (voice, world)
- URL: http://www.uniforum.org/
-
- 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/
-
- Jan. 18 * HotWired Electronic Frontiers Forum; online event, 7pm PST
- "speak"ers will include EFF-Austin directors, on grassroots
- organizing. Users can participate via either WWW
- (http://www.hotwired.com/club/) or telnet (chat.wired.com 2428).
- URL: http://www.hotwired.com/club/
-
- Jan. 25 * HotWired Electronic Frontiers Forum; online event, 7pm PST
- "speak"ers will include Steve Jackson, on events since the
- raid and the SJG v. USSS case. See Jan. 18 event for more info.
-
- Feb. 1 * HotWired Electronic Frontiers Forum; online event, 7pm PST
- "speak"ers will include Bob Anderson & Ed Stastny, on cyberarts &
- censorship. See Jan. 18 event for more info.
-
- Feb. 8 * HotWired Electronic Frontiers Forum; online event, 7pm PST
- "speak"ers will include EFF staff counsel Mike Godwin, on
- censorship, privacy, the Marty Rimm/Time/CMU scandal, and more.
- See Jan. 18 event for more info.
-
- ------------------------------
-
-
- Subject: Quote of the Day
- -------------------------
-
- "Photons have neither morality nor visas."
- - David Farber, EFF boardmember and U. of Penn. professo
-
- 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
- the judicial and legislative processes 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 visit them in their home offices this
- month, asking them to oppose Internet censorship legislation. Urge them to
- ensure that system operators not be held liable for crimes they did not
- commit, and that the FCC be barred from regulating the Internet.
- See the first three 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 (e.g. WWW), 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 - DEADLINE: Jan. 96!
-
-
- * 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, or consult the free ZIPPER service
- that matches Zip Codes to Congressional districts with about 85%
- accuracy at:
- http://www.stardot.com/~lukeseem/zip.html
-
-
- * 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 v09 #01 Digest
- *************************************
-
- $$
-