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FC: Reply to COPA Commission spinning over Internet filtering
From: Declan McCullagh <declan () well com>
Date: Sat, 21 Oct 2000 00:49:04 -0400
*********
Date: Fri, 20 Oct 2000 16:17:27 -0400
To: schampion () warren-news com
From: Alan Davidson <abd () cdt org>
Subject: Re: FC: COPA Commission spinning over Internet filtering
Cc: declan () well com
Sasha,
I'm sorry if you felt that you were being "spun" on the COPA Commission
report. But as an active participant in the Commission process, I strongly
believe that the mandatory filtering provisions being considered by
Congress are at odds with the COPA Commission report.
The COPA Commission specifically decided against offering legislative
recommendations because there was no consensus favoring ANY legislative
proposals, including federally mandatory filtering.
Legislative remedies were within the Commission's purview, as per the COPA
statute: "(f) Report.--Not later than 2 years after the enactment of this
Act [Oct. 21, 1998], the Commission shall submit a report to the Congress
containing the results of the study under this section, which shall
include-- ...
(3) recommendations for legislative or administrative actions to implement
the conclusions of the committee"
Various proposals for federal legislation were in fact on the table since
the first briefings of the Commission, were among the proposed
recommendations put forward by various commissioners, and were debated by
the Commission in the course of its deliberations.
The Commission did not in the end endorse any of these proposals. And the
Commission noted that filtering "raises First Amendment concerns because of
its potential to be over-inclusive in blocking content. Concerns are
increased because the extent of blocking is often unclear and not
disclosed. " These concerns were a key reason why there was no consensus
for filtering mandates among the Commissioners. Instead the Commission put
forward a comprehensive set of recommendations based on informing and
empowering users and enforcing existing laws.
CDT believes these recommendations provide a more effective alternative to
a federal filtering mandate that removes local control, creates free speech
concerns, and will certainly end up in the courts, doing little for
children. We're not alone. Our web site at
<http://www.cdt.org>http://www.cdt.org has letters from conservative
groups, civil libertarians, industry association, and education groups, all
opposing the filtering mandate in favor of a more effective approach.
---------
Finally: Journalist, heal thyself! I've spent hours over the last few days
talking to reporters about the recommendations and plan put forward in this
Commission report, a plan with specific proposals that could actually do
something for kids online. But most reporters just covered the debate over
the filtering bill. There's plenty of substance in this report left to
cover for those who want to.
Sasha, everyone at CDT has great respect for your coverage. I look forward
to continuing the conversation with you, spin or otherwise.
Sincerely,
Alan
Alan Davidson, Staff Counsel 202.637.9800 (v)
Center for Democracy and Technology 202.637.0968 (f)
1634 Eye St. NW, Suite 1100 <abd () cdt org>
Washington, DC
20006 <http://www.cdt.org>http://www.cdt.org
Links:
* The Commission Report: I'd really suggest that people decide for
themselves by reading the whole Commission report -
<http://www.copacommission.org/report/>http://www.copacommission.org/report/
* Letter from Industry and Public Interest Groups -
<http://www.cdt.org/speech/filtering/000928cdt.shtml>http://www.cdt.org/speech/filtering/000928cdt.shtml
*Letter from Education Organizations:
<http://www.cdt.org/speech/filtering/000831educational.shtml>http://www.cdt.org/speech/filtering/000831educational.shtml
*Letter from Free Congress Foundation and Conservative Groups:
<http://www.cdt.org/speech/filtering/001011fcf.shtml>http://www.cdt.org/speech/filtering/001011fcf.shtml
*Letter from ACLU
<http://www.cdt.org/speech/filtering/001002analysis.shtml>http://www.cdt.org/speech/filtering/001002analysis.shtml
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