CIEC Press Release regarding
CompuServe/Department of Justice Court Order

CITIZENS INTERNET EMPOWERMENT COALITION
1634 EYE STREET, N.W. SUITE 1100
WASHINGTON, D.C. 20006
202/637-9800


FOR IMMEDIATE RELEASE          For Further Information, Contact:
May 15, 1996                   Sydney Rubin, 202/828-8829


COURT ORDERS FEDS TO CEASE "REVIEWING" INTERNET COMPLAINTS PENDING
DECISION ON COMMUNICATIONS DECENCY ACT


WASHINGTON, D.C. -- A federal judge in Philadelphia today ordered
the Justice Department to stop all "reviews" of complaints under
the Communications Decency Act until a three-judge panel rules on
the constitutionality of the law that attempts to censor the
Internet. 

"As we said in court Friday, the government's action seriously
injured CompuServe and sent a real chill through the industry,"
said Bruce J. Ennis, lead attorney for the American Library
Association and 26 other plaintiffs in a landmark case that will
decide the future of free speech in cyberspace. "We are pleased
that the court has not only granted us the  relief we requested,
but has acted so quickly."

A three-judge federal panel began hearing the case in early
February.  Prior to the first hearing, the court entered a partial
temporary restraining order enjoining the government from enforcing
certain sections of the law.  The government then stipulated to the
court that it would not investigate or prosecute any violations of
the law until a decision was reached in the case.

Then, last week, stories appeared nationwide that a complaint by a
Mississippi-based Christian group, the American Family Association,
against CompuServe Inc. had been sent to the Federal Bureau of
Investigation.  The group complained that CompuServe had violated
the CDA by putting nude pictures on its new adult service,
MacGlamour. The Internet site was labeled for adults and CompuServe
provides clients with free software to filter out unwanted
material.

The FBI denied it was investigating -- which would have been in
violation of the court agreement -- but said it was "reviewing" the
complaint. 

Attorneys for the plaintiffs in the CDA challenge asked the court
to clarify if such a "review" violated the government's promise not
to investigate.  Judge Stuart Dalzell on Wednesday, in a seven-page
order, wrote: The government's "conduct in subjecting a content
provider to private and public scrutiny for displaying material
that is neither obscene nor child pornography clearly runs afoul of
both this Court's orders and the government's promises."

In granting the plaintiff's motion for clarification, Dalzell 
ordered Attorney General Janet Reno, the Justice Department and FBI
to refrain from "engaging in 'review' of content providers if that
'review' is triggered by" material that is neither obscene nor
child pornography.  Both obscenity and child pornography are
against the law and are not being challenged in this case. 

The American Library Association case and its plaintiffs grouped
together as the Citizens Internet Empowerment Coalition have been
consolidated by the court with another suit filed by the American
Civil Liberties Union. Closing arguments Friday concluded five days
of hearings spread over two months during which time the court
toured the Internet, heard testimony on how this medium differs
from any other and heard arguments in favor of granting the medium
the same First Amendment protections offered to books, newspapers
and the print medium in America. 

The 27 plaintiffs in the case include: American Library 
Association, Inc.; American Online, Inc.; American Booksellers
Association, Inc.; American Booksellers Foundation for Free
Expression; American Society of Newspaper Editors; Apple Computer,
Inc.; Association of American Publishers, Inc.; Association of
Publishers, Editors and Writers; Citizens Internet Empowerment 
Coalition; Commercial Internet eXchange; CompuServe Incorporated.; 
Families Against Internet Censorship; Freedom to Read Foundation,
Inc.; Health Sciences Libraries Consortium; HotWired Ventures LLC;
Interactive Digital Software Association; Interactive Services
Association; Magazine Publishers of America, Inc.; Microsoft 
Corporation; Microsoft Network; National Press Photographers
Association; NETCOM On-Line Communication Services, Inc.; Newspaper
Association of America; Opnet, Inc.; Prodigy Services Company; 
Wired Ventures, Ltd.; and, the Society of Professional Journalists 
Ltd.

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