Communications Decency Act Moves Forward

The Communications Decency Act of 1995, S.  314, introduced by Senators
Jim Exon (D-NB) and Slade Gorton (R-WA), passed the first legislative
hurdle on March 23.  The Senate Committee on Commerce, Science, and
Transportation incorporated S.  314 as an amendment to the
Telecommunications Competition and Deregulation Act of 1965.  The
amendment seeks to extend current laws to the Internet and other
interactive media that make it illegal to use a telephone to communicate
obscene, lewd, indecent, abusive or harassing comments or messages. 
(See ARL 179, p.  14.) In a recent meeting, Sen.  Exon made clear his
intent in introducing this bill was to protect minors from access to
controversial and sexually explicit material via the Internet or other
interactive media (e.g., commercial on-line services, bulletin boards,
and the like).  To that end, the Senator has stated, "I want to keep the
information superhighway from resembling a red-light district."

	Although the amendment to includes some much needed changes, it
remains seriously flawed, especially with regard to First Amendment
issues.  The amendment as reported out of Committee includes exemptions
to limit the criminal liability of commercial online service providers. 
Discussions within the public and private sectors conclude that these
exemptions would apply to educational institutions and libraries. 

	Despite these new exemptions, language remains that erodes First
Amendment and privacy rights.  Furthermore, the amendment distinguishes
between the print medium and the networked environment.  What is
currently permissible in the print environment would not be extended to
the NII.  As noted by Sen.  Patrick Leahy (D-VT), RMany of us are, thus,
justifiably concerned about the accessibility of obscene and indecent
materials online and the ability of parents to monitor and control the
materials to which their children are exposed.  But government
regulation of the content of all computer communications, even private
communications, in violation of the First Amendment is not the answer. 
This amendment would chill free speech under the First Amendment and the
free flow of information over the Internet and computer networks, and
undo important privacy protections for computer communications."

	In a related measure, Sen.  Leahy introduced S.  714, the Child
Protection, User Empowerment, and Free Expression in Interactive Media
Study Bill.  The legislation would require the Departments of Justice
and Commerce to conduct a study of how to limit children's access to
"violent, sexually-explicit, harassing, offensive, or otherwise unwanted
material" consistent with the First Amendment and the free exchange of
ideas. 

	ARL with others in the education, information industry, and
communications industries wrote to members of the Senate in support of
Leahy's legislation (S.  714) and to express concerns about to the
impact of the proposed Communications Decency Act on the future of
interactive media and First Amendment values. 

	A companion House bill (also entitled the Communications Decency
Act of 1995, H.R.  1004) was introduced by Rep.  Tim Johnson (D-SD) in
February. 

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ARL 180
A Bimonthly Newsletter of Research Library Issues and Actions
Association of Research Libraries
May 1995