> >From [EMAIL PROTECTED] Fri Jun 16 09:33:02 1995 > From: [EMAIL PROTECTED] (Abe Singer) > Message-Id: <[EMAIL PROTECTED]> > Subject: Exon Bill > To: [EMAIL PROTECTED] > Date: Fri, 16 Jun 1995 09:23:52 -40962758 (PDT) > X-Mailer: ELM [version 2.4 PL20] > Content-Type: text > Content-Length: 9096 > > > By EDMUND L. ANDREWS > > c.1995 N.Y. Times News Service > > WASHINGTON - The Senate voted overwhelmingly Wednesday for a measure that > would impose heavy fines and prison terms on people who distribute sexually > explicit or other ``filthy'' material over computer networks, in the most > aggressive step yet by Congress to regulate cyberspace. > > Voting 84-16 in a session rife with lurid talk about child pornography and > on-line descriptions of bestiality, advocates of tough regulation easily > overwhelmed objections from a handful of lawmakers who said the measure would > violate Constitutional rights to free speech and threaten the growth of > computer networks. > > ``Take a look at this disgusting material, pictures which were copied for > free off the Internet only this week,'' said Sen. Jim Exon, D-Neb., and the > measure's sponsor, as he brandished a big blue binder with a bright red label > that read ``Caution.'' > > Earlier in the day, sponsors of the measure had been pushing to broaden its > scope to include cable television, proposing prison terms for operators of > cable systems transmitting indecent material. > > But in a spate of last-minute negotiations, backers of the measure agreed to > remove that provision. > > Exon's measure was added to a sweeping telecommunications bill that is > broadly intended to deregulate the telephone, cable television and > broadcasting industries. The Senate is expected to approve the entire bill, > perhaps as soon as Thursday, after various other amendments are considered. > > The House Commerce Committee recently passed a similar telecommunications > overhaul bill, but it does not include any provisions about pornography and > cyberspace. > > The amendment would impose fines of up to $100,000 and prison terms of up to > two years for people who knowingly transmit any indecent material over a > computer network accessible to people under the age of 18. > > It would also block any ``obscene lewd, lascivious, filthy or indecent'' > comment, request or suggestion that is made over a computer network and is > intended to annoy or harass another person. > > Civil rights advocates immediately denounced Wednesday's vote, saying it > would intrude on a wide range of private communications between consenting > adults. Critics said that the amendment would affect more than hard-core > pornography and would make it a crime to include foul language in postings in > on-line forums or on the Internet, the global computer web. > > They also said the provision on annoying or harassing communication could > make people who use electronic mail liable for statements that would be > protected in a traditional letter. > > Supporters of the Exon amendment, however, maintain they are merely extending > existing laws against dial-a-porn and telephone harassment to the new medium. > > > The Clinton administration is opposed to the measure, and had supported an > alternative proposal by Sen. Patrick Leahy, D-Vt., that would have ordered > the Justice Department to carry out a study of ways to deal with sexually > explicit material on the Internet. > > Leahy, who brought a foot-high stack of petitions from 35,000 users of > on-line services, said the new restrictions were a threat to free speech and > a danger to the Internet, a global network of computers that has exploded in > popularity over the last few years. > > ``None of us is in favor of pornography,'' he said. ``But we can accomplish > the goal of keeping pornography away from children without imposing a big new > layer of government censorship and without destroying the Internet.'' > > Opponents to the measure also noted that much of the traffic on the global > Internet falls outside the purview of U.S. law. > > Many senators viewed Wednesday's debate as something of a sideshow to the > broader telecommunications bill, though few were prepared cast a vote against > the measure, which opponents might later attack as support for pornography. > > ``I think it's time we sent a message,'' said Sen. Alan Simpson, R-Wyo., even > as he acknowledged potential problems involving free speech. ``We'll sort it > out,'' he said, referring to further refinements. > > But at least one conservative Republican, Sen. Orrin G. Hatch of Utah, > denounced the measure as a political cheap shot. > > ``It's kind of a game, to see who can be the most against pornography and > obscenity,'' he said. ``It's a political exercise, and I'm against it.'' > > > Companies that operate commercial on-line computer services were > muted in their response. As currently drafted, the measure offers > a long series of protections to on-line services that merely act > as a carrier for individuals who use their networks to disseminate > sexually explicit material. > > The legal concept would be similar to the current practice of not holding > telephone companies accountable for people who use the phone network to break > the law. > > But because on-line service providers like America Online or Prodigy Services > often have moderators who monitor on-line discussion groups, the industry has > worried that they might sometimes still be held accountable for the content > of the messages. > > A trade group for on-line services, the Interactive Services Association, > quickly criticized the measure. > > Objecting that the amendment had not attempted to identify less restrictive, > technological approaches to blocking pornography over computer networks, the > association said it was drafted far too hastily and would not effectively > protect children. > > Meanwhile, the Senate moved steadily closer toward passing the overall > telecommunications bill, which attempts to knock down the regulatory barriers > and promote competition between the local telephone, long-distance and cable > television industries. > > Late Wednesday afternoon, Senate leaders patched together a grudging > compromise between the local Bell telephone companies and the long-distance > carriers, which want to enter each other's markets. > > Under that provision, which was whisked through on a voice vote after days of > backroom negotiations, long-distance companies would be able to get quicker > access to the market for short-haul long-distance calls than they would have > under previous drafts of the measure. > > The regional Bell companies currently dominate this $13 billion market, > because customers who use rival carriers must first dial a five-digit code. > > The Bell companies wanted to keep that cumbersome system until they are > permitted to offer other types of long-distance service - something they are > currently forbidden to do. > > Under the compromise, 10 states, including New York and Connecticut, would be > allowed to proceed with efforts to give all competitors equal access to the > short-haul market. But the short-haul business of the Bell companies would > remain protected for at least three years in all other states. > > Lawmakers were still bracing for one other big fight, expected on Thursday, > over provisions that would greatly relax cable television price regulations. > > Wednesday, however, the most important vote was on indecency and the > Internet. Exon and other supporters of tough restrictions said they had > carefully drafted their provision to avoid any interference with free speech. > > > To a great extent, the measure is modeled on existing laws that were written > to prohibit obscene telephone calls and other forms of telephone harassment. > > The measure also draws on a body of court decisions about regulating > ``indecent'' material in television or radio broadcasting. > > Under the law, indecent programming is much milder than obscenity or > pornography, which are not protected by Constitutional rights to free speech. > > > Indecent material includes explicit sexual material, four-letter words and > explicit descriptions of sexual activity or excretory functions. > > Under current law, the federal government is permitted to block indecent > programming on over-the-air radio or television at times when children are > most likely to be in the audience. > > But computer and communications experts say the amendment is certain to raise > a host of new legal and practical issues that arise with the basic nature of > the Internet. > > The World Wide Web, a segment of the Internet that has exploded in > popularity, quickly blends the distinction between people who send and > receive sexual material. > > People armed with a modem and the proper software can tap into thousands of > different ``Web sites'' and retrieve images, documents and even full-motion > video with the mere click of a mouse. > > As a practical matter, moreover, the Internet is inherently global in nature > and difficult for a single government to control. > > People using the Internet can tap into computers on other continents as > easily as they reach computers across town, and the cost is no different. > > Likewise, people in the United States can set up Internet sites outside the > United States and electronically replenish it with new material without every > leaving the country. > > Wednesday, however, many lawmakers appeared untroubled about the complexity. > ``I always vote the way my mother tells me,'' Simpson said. ``There are > always contradictions.'' > > > Transmitted: 95-06-14 23:02:44 EDT > > > > -- > > Michael Golden > > [EMAIL PROTECTED] > > Department of Biology > Grossmont College > 8800 Grossmont College Drive > El Cajon, CA 92020 > 619-465-1700 x332 > > -- Michael Golden [EMAIL PROTECTED] Department of Biology Grossmont College 8800 Grossmont College Drive El Cajon, CA 92020 619-465-1700 x332
