IP: IP: Reforming the Communications Decency Act:

[Dave Farber <farber () central cis upenn edu>]

From: "Craig A. Johnson" <caj () tdrs com>
To: Dave Farber <farber () central cis upenn edu>


Dave,


FYI, this interview is somewhat disingenuous, since Eshoo's bill is
an attempt to install a standard at the federal level -- the
"harmful to minors" standard -- which contains the "patently
offensive" criterion which we have challenged as unconstitutional,
as presented in the CDA.


The "harmful to minors" standard has never been tested at the
federal level, and it would create an entirely new federal category
of speech crimes.  Most importantly, it perpetuates the problem
that the "community standards" for "patently offensive" in the most
repressive community in the U.S. could be applicable to the entire Net.


Eshoo states, in the interview with Interactive Age Digital:


    REP. ESHOO: This indecency proposal that became part of the
    overall bill did not go either through the committee, nor was it
    amended on the floor of the House. This was slipped in when we
    were in the conference committee. So, my experience there -- and
    it was a very close vote on this indecency proposal - really took
    me back. It said that First Amendment rights, in my view, would
    be violated. Right alongside of that, the government -- not moms
    and dads -- would be the decider on what is harmful to minors.
    I'd been working with various individuals and organizations to
    shape legislation that would correct this, and that's what the
    Online Parental Control Act of 1996 represents.


Eshoo's bill does precisely what she so adamantly eschews:  It says 
that "the government -- not moms and dads..." will decide on what is 
"harmful to minors," a standard, which again is part of her Online 
Parental Control Act of 1996.  But, in this case, it is hundreds of 
little fiefdom-governments that will tell these "moms and dads" what 
their children can see online.  How can the online community possibly 
support a bill that is so transparently flawed.  Varying levels of 
censorship will exist from community to community, with widely 
different standards pertaining over distances of five to 10 miles.


This is progress?!


But, it is after all an election year, and the smoke-generators are 
running at full tilt up on the Hill.


Best wishes,


Craig




 


Craig A. Johnson
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Telecommunications/Information Policy Specialist
Transnational Data Reporting Service, Inc.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
caj () tdrs com