========================================================================= ________________ _______________ _______________ /_______________/\ /_______________\ /\______________\ \\\\\\\\\\\\\\\\\/ ||||||||||||||||| / //////////////// \\\\\________/\ |||||________\ / /////______\ \\\\\\\\\\\\\/____ |||||||||||||| / ///////////// \\\\\___________/\ ||||| / //// \\\\\\\\\\\\\\\\/ ||||| \//// ========================================================================= 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: Stop Rep. Henry Hyde (R-IL) from dumbing down online speech! (12/4/95) 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. 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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 ************************************* $$