-----------------------------------------------------------------------------
_____ _____ _______
/ ____| __ \__ __| ____ ___ ____ __
| | | | | | | | / __ \____ / (_)______ __ / __ \____ _____/ /_
| | | | | | | | / /_/ / __ \/ / / ___/ / / / / /_/ / __ \/ ___/ __/
| |____| |__| | | | / ____/ /_/ / / / /__/ /_/ / / ____/ /_/ (__ ) /_
\_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/
The Center for Democracy and Technology /____/ Volume 2, Number 8
----------------------------------------------------------------------------
A briefing on public policy issues affecting civil liberties online
----------------------------------------------------------------------------
CDT POLICY POST Volume 2, Number 8 March 1, 1996
CONTENTS: (1) CIEC Files Request for Injunction of CDA, Sets State for
Landmark Court Battle for the Future of the Internet
* Over 5000 Net Users have Already Joined the Fight! Have You?
(2) Subscription Information
(3) About CDT, contacting us
** This document may be redistributed freely with this banner in tact **
-----------------------------------------------------------------------------
(1) CITIZENS INTERNET EMPOWERMENT COALITION REQUEST FOR INJUNCTION OF CDA
The Citizens Internet Empowerment Coalition Friday (3/1) filed a motion for
a preliminary injunction of the Communications Decency Act. The filing
sets the stage for an historic court battle which will determine the future
of the Internet as a viable means for free expression, education, and
commerce, as well as the fate of the First Amendment in the information
age. Witnesses will begin to testify before the Philadelphia Federal court
beginning March 21, 1996.
The Citizens Internet Empowerment Coalition (CIEC) is coordinated by the
Center for Democracy and Technology, America Online, the American Library
Association, and others, including People for the American Way. Its 37
members include over 5000 individual Internet users, libraries, book
publishers, newspaper publishers, editors, advertisers, commercial online
service providers, ISP's, non-profit groups, and civil liberties advocates.
Individual Internet users are encouraged to join the fight! All users of
the Internet are potentially subject to massive fines and prison sentences
under the Communications Decency Act. Join the CIEC and become a part of a
landmark case which will determine the future of free speech online.
Over 5000 individuals have joined as of 5:30 pm Friday 3/1! For more
information, on what you can do to help overturn the CDA, please visit the
CIEC web page at:
http://www.cdt.org/ciec/
You must join by March 15, so please hurry!
The text of the CIEC complaint and other relevant information is currently
available on the CIEC web page. Copies of today's motion, along with the
declarations listed below, will be available on the CIEC page shortly.
THE INTERNET IS A UNIQUE COMMUNICATIONS TECHNOLOGY WHICH DESERVES FULL
FIRST AMENDMENT PROTECTIONS
In the motion filed today, CIEC argues that the Internet is a unique
communications technology distinct from traditional broadcast mass media
and telephone networks, and that the broad content regulations imposed by
the CDA are unconstitutionally restrictive. The CIEC argues that because
the Internet offers users tremendous control over the content they receive,
it deserves first amendment protections at least as broad as those enjoyed
by the print medium. Specifically, the motion states:
"The Internet, and 'cyberspace' generally, is an entirely new
communications medium that differs from other media in crucial
respects: it is global, it is decentralized, it gives ordinary
citizens unparalleled ability to communicate to and with others on a
scale never before possible, an it is unobtrusive, because users
access only the communications they affirmatively request. It
therefor merits the highest level of First Amendment protection."
(Page 2)
The motion goes on to argue:
"In sum, this Court should accord to the interactive computer medium
the most vigilant protection from government censorship and
overreaching. The unparalleled potential of cyberspace to effectuate
the core policies of the First Amendment calls for a reaffirmance of
our 'profound national commitment' to public discourse that is
'uninhibited, robust, and wide-open."
"The challenged provisions of the Act, however, represent an
indiscriminate and damaging retreat from that commitment, one that
reflects an as-yet poor legislative understanding even of the basic
operating methods of cyberpsace. Those provisions are facially
invalid because they abridge far too much protected speech while
affording little incremental protection for minors, and threaten to
disrupt the rapidly unfolding development of a salutary communications
revolution that until now has flourished with a minimum of
governmental interference." (Pages 60 - 61).
OVER 39 DECLARATIONS DESCRIBE THE INTERNET AND THE IMPACT OF THE CDA.
Included in the CIEC filing today were declarations from individuals,
libraries, online service providers, content providers, publishers,
non-profit groups, civil liberties advocates, and even a US Senator. The
declarations describe in detail the potential impact the CDA will have on
their rights to free speech on the Internet, and will be considered by the
court as evidence in the case. The list of groups filing declarations
today includes:
Albert Vezza, Assoc. Director, Lab. for Computer Science, MIT (re: PICS Project)
America Online, Inc.
American Booksellers Association
American Booksellers Foundation for Free Expression
American Library Association
American Society of Newspaper Editors
Association of American Universities
Association of American University Presses, Inc.
Association of Publishers, Editors, and Writers
Association of Research Libraries
Bantam Doubleday Dell Publishing Group, Inc.
Carnegie Library of Pittsburgh
Center For Democracy and Technology
Commercial Internet eXchange
Compuserve Incorporated
Families Against Internet Censorship
Fort Vancouver Regional Library
Free Library of Philadelphia
Freedom to Read Foundation
Health Sciences Libraries Consortium
HotWired Ventures, LLC
Interactive Services Association
Media Access Project
Microsoft Corp,; Microsoft Network, L.L.C.
Microsystems Software, Inc.
NETCOM On-Line Communications Services, Inc.
Newspaper Association of America
OpNet Inc.
Patrick Leahy, United States Senator (D-VT)
People for the American Way
Prodigy Services Company
Recording Industry Association of America
Scott O. Brander, Office of Information Technology, Harvard University
Society of Professional Journalists
Surfwatch Software, Inc.
Timothy Berners-Lee, Director, World Wide Web Consortium
UC Santa Barbara Library
University of Pennsylvania Libraries
Vinton Cerf, MCI Telecommunications Services, Inc.
Wired Ventures, Ltd.
-----------------------------------------------------------------------
(2) SUBSCRIPTION INFORMATION
Be sure you are up to date on the latest public policy issues affecting
civil liberties online and how they will affect you! Subscribe to the CDT
Policy Post news distribution list. CDT Policy Posts, the regular news
publication of the Center For Democracy and Technology, are received by
more than 9,000 Internet users, industry leaders, policy makers and
activists, and have become the leading source for information about
critical free speech and privacy issues affecting the Internet and other
interactive communications media.
To subscribe to CDT's Policy Post list, send mail to
policy-posts-request@cdt.org
with a subject:
subscribe policy-posts
If you ever wish to remove yourself from the list, send mail to the
above address with a subject of:
unsubscribe policy-posts
-----------------------------------------------------------------------
(3) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
constitutional civil liberties in new computer and communications
technologies.
Contacting us:
General information: info@cdt.org
World Wide Web: URL:http://www.cdt.org/
FTP URL:ftp://ftp.cdt.org/pub/cdt/
Snail Mail: The Center for Democracy and Technology
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
(v) +1.202.637.9800 * (f) +1.202.637.0968
-----------------------------------------------------------------------
End Policy Post 2.8 3/1/96
-----------------------------------------------------------------------
Back.
CIEC Home Page.