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Citizens Internet Empowerment Coalition Trial Update No. 5
Evening Update - March 21, 1996 7:00 pm ET
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http://www.cdt.org/ciec/
ciec-info@cdt.org
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CIEC UPDATES intended for members of the Citizens Internet
Empowerment Coalition. CIEC Updates are written and edited by the
Center for Democracy and Technology (http://www.cdt.org). This
document may be reposted as long as it remains in total.
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** 30,000 Netizens Vs. U.S. Department of Justice. **
* The Fight To Save Free Speech Online *
Contents:
o Evening Update - Recap of Afternoon Testimony
* Surfing the Net from the Federal Court
* The Impact of the CDA on Small, Independent Content Providers
o More Information on CIEC and the Center for Democracy and Technology
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(1) EVENING UPDATE - SURFING THE NET FROM THE COURTROOM
The Court has recessed for the day after a long day of education on the
nature of the Internet, the effectiveness of parental control software, and
testimony on the potential impact of the Communications Decency Act on
small, independent content providers. Testimony resumes at 9:30 am ET
Friday March 22.
After hearing about the workings of the Internet from Scott Bradner of the
IETF this morning (see CIEC Afternoon Edition 3/21), the Court was given a
visual demonstration of the World Wide Web by SurfWatch's Ann Duvall. After
briefly describing the Internet and the basic steps one must take to get
online (including purchasing a computer and modem, and subscribing to an
Internet Service Provider or Online Service), Duvall logged on and took the
Court on a trip around the Net. Duvall visited a site sponsored by the City
of Philadelphia (the setting of the trial) and checked the schedule for
upcoming Phillies games, then jumped to London for a quick tour of a Museum
before returning to the United States for a demonstration of Yahoo's new
site for Kids (yahooligans). She also showed the court how her daughter had
found information on Fragile X syndrome for a research paper.
Duvall then illustrated the effectiveness of SurfWatch, and parental
control technology generally, by attempting to access several adult
oriented sites (including Penthouse Magazine) with SurfWatch engaged. She
also illustrated how SurfWatch blocks attempts to search for terms like
"sexy" and "erotica" using common search engines. Each attempt was greated
with a "blocked by SurfWatch" message.
Despite expectations that the Justice Department might attempt to use the
Internet demonstration to show that some sexually explicit Internet sites
may not be blocked by SurfWatch, the DOJ attorneys did not do so, and
offered no examples of sexually explicit sites to the Court. Instead, they
concentrated their efforts on the number of sites SurfWatch blocks
(approximately 5000, plus key words like "sex") in an apparent attempt to
show that there is are a large number of such sites on the Net. They also
suggested SurfWatch may not be effective because sites on the Internet
change frequently and new sites regularly come on line.
The Judges appeared extremely interested in Duvall's testimony, and asked a
number of questions. They seemed particularly taken with the demonstration
of the World Wide Web and the variety of information available. In an
important question wich may help to illustrate the potential weeknesses of
the CDA, Judge Dalzel focused on Duvall's statement that approximately 30%
of the sites SurfWatch blocks are outside the United States.
SMALL, INDEPENDENT CONTENT PROVIDERS WILL SUFFER UNDER THE CDA
The Court next heard from Kiyoshi Kuromiya, Director of the Critical Path
AIDS Project. Kuroimya, called by the ACLU attorneys, testified that he
maintains a World Wide Web site which contains information on how to avoid
the AIDS virus and other sexually transmitted diseases. Kuromiya stated
that some of the materials on his site use explicit terms which may
violated the "indecency" and "patently offensive" provisions of the CDA.
In response to a question from Judge Dalzel, Kuromiya stated that he would
not want to alter the materials he posts, or deny access to the site, in
order to avoid prosecution under the CDA.
The Court also heard form Patricia Warren an author and publisher who
maintains a Web site containing excerpts from her books, some of which deal
with Gay and Lesbian subject matter. Warren stated that she fears
prosecution under the CDA because some in the United States consider the
subject matter she addresses to be 'indecent'. During her testimony, one
of the Judges, apparently understanding the vast potential of the Internet
to make every user a publisher, asked if it is easier to publish a magazine
online than in printed form. Warren responded by suggesting that because
distribution and production costs are significantly lower on the Net,
publishing online is an important outlet for small publishers with limited
resources.
Neither Kuromiya or Warren were cross examined by the Justice Department.
Testimony resumes tomorrow with Scott Bradner, who had to leave early
today. Witnesses expected to testify also include Donna Hoffman, of
Vanderbeldt University. Situation permitting, we will post a summary of
tomorrow's testimony starting in the afternoon. Please continue to check
the CIEC web page for updates (http://www.cdt.org/ciec/)
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2. Subscrition Information
As CIEC members, you have been invited to join this list in order to
receive news updates and other information relevant to the CIEC challenge
to the Communications Decency Act.
If you ever want to remove yourself from this list, send email to
ciec-members-request@cdt.org
with 'unsubscribe ciec-members' in the SUBJECT LINE (w/o the 'quotes').
Leave the body of your message blank.
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3. For More Information
For more information on the CIEC challenge, including the text of the
complaint and other relevant materials:
* World Wide Web -- http://www.cdt.org/ciec/
* General Information about CIEC -- ciec-info@cdt.org
* Copy of the Complaint -- ciec-docs@cdt.org
* Specific Questions Regarding the
Coalition, incuding Press Inquiries -- ciec@cdt.org
* General information about the
Center for Democracy and Technology -- info@cdt.org
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end ciec-update.5
3/21/96
Citizens Internet Empowerment Coalition Page.
CDT Home Page.