[RRE]CDA IIwriting

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1998-09-24 · 5 min read · Edit on Pyrite

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[RRE]CDA II

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Date: Fri, 25 Sep 1998 09:43:26 -0400 (EDT) From: ACLU Action Owner

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09-25-98 ACLU Action Update

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Internet Censorship Threat Returns

TO: Action Network FR: Bob Kearney, National Field Coordinator (bkearney@aclu.org)

1. House Panels Approves Internet Censorship Legislation 2. Shell Game on Juvenile Justice

1. Internet Censorship Returns! The House Commerce Committee yesterday approved HR 3782, the latest version of the "Spawn of CDA" Internet censorship legislation.

The next stop for the bill is the House floor. Earlier this summer, the Senate approved a similar measure introduced by Senator Dan Coats (R-IN) as an amendment to a bigger spending bill.

These "Spawn of CDA" bills represent yet another misguided attempt to protect from "harmful" material on the Internet. They are, essentially, a reincarnation of the unconstitutional Communicatio ns Decency Act that was overturned last year by the U.S. Supreme Court in Reno v. ACLU.

Consideration of HR 3782 at this time is particularly ironic given the use of the Internet to distribute the Starr report and its sexually explicit details regarding the President.

ACTION: The House must hear from Internet users about how unhappy we are to facing yet another censorship bill. Take action to preserve free speech on the Internet by sending a FREE FAX urging your Members of Congress to oppose HR 3783 at: http://www.aclu.org/action/cda2.html. While there, send a FREE FAX to your Senators too.

2. Shell Game on Juvenile Justice. In a sign that our letters and phone calls are working, House leaders have been forced to stoop to underhanded tactics in their desperate attempt to pass draconian juvenile justice legislation.

Unable to persuade a majority of Senators to adopt legislation that would mandate jailing children with adults, the Republican House leadership has hijacked an innocuous measure to fund programs for missing and exploited children, adding its draconian juvenile justice provisions. Because the missing children bill had already been approved by the Senate, the House-amended version now goes directly to a conference committee.

The result of all this maneuvering is that two barbaric juvenile justice bills have - without debate -- been joined to a highly popular, entirely unrelated funding bill.

ACTION: This process is flat out wrong. Even if you have already written on this issue, please send our updated letter to your Senators and Representative TODAY and urge them to do everything possible to oppose both the provisions of this bill and these last-minute desperation tactics.

Send a FREE FAX today from the action alert on our website, at: http://www.aclu.org/action/juvenile.html

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ONLINE RESOURCES FROM THE ACLU NATIONAL OFFICE

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ACLU Freedom Network Web Page: http://www.aclu.org. America Online users should check out our live chats, auditorium events, very active message boards, and complete news on civil liberties, at keyword ACLU.

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ACLU Action Update ACLU National Washington Office 122 Maryland Avenue NE Washington, DC 20002

To subscribe to the ACLU Action List, send a message to majordomo@aclu.org with "subscribe action" in the body of the message. To end your subscription, send a message to majordomo@aclu.org with "unsubscribe action" in the body of the message.

For general information about the ACLU, write to info@aclu.org.

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This Message sent to action

Excerpt from ACLU News 09-27-98

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House Committee Approves CDA II

FOR IMMEDIATE RELEASE Thursday, September 24, 1998

WASHINGTON -- In the wake of the controversial publication of the Starr report on the Internet, the House Commerce Committee today approved new restrictions on publishing content deemed "harmful to minors" on the Internet.

The American Civil Liberties Union and the Electronic Frontier Foundation warned that the bill -- which opponents have dubbed CDA II -- would block adults from accessing a wide variety of legitimate online material. The groups also said that the legislation, the so-called Child Online Protection Act (H.R. 3783), includes many of the same constitutional defects as the earlier Communications Decency Act that was unanimously struck down by the U.S. Supreme Court last year in Reno v. ACLU.

In the name of protecting young users of the Internet, CDA II would establish a wide-ranging ban on Web posting of material deemed "harmful to minors." The Senate approved a similar bill as an amendment to an appropriations bill this summer; today's vote by the full Commerce Committee brings the bill one step closer to being brought before the House for a vote this session.

"CDA II is a Trojan horse," said EFF President Barry Steinhardt. "At first glance, it appears relatively benign with its sponsor's claim that it only applies to commercial pornographers who market their sites to minors, but when you look beneath that veneer, you quickly discover that it applies to any Web site that has a commercial component and material that some community could consider 'harmful to minors.'"

"The fact that the Starr report on President Clinton has been blocked by most filtering programs and that several Internet service providers have ordered their users to take down mirror sites of the report proves that this important public document would not pass the legislation's 'harmful to minors' test," Steinhardt continued.

Ronald Weich, a legislative consultant on cyberliberties issues for the ACLU's Washington National Office, concurred that "if CDA II had been the law this month, even news sites that published the Starr report and that carry advertising or charge for access might have been subject to criminal prosecution."

"Lawmakers," Weich added, "continue to ignore the technological realities and constitutional problems with these bills. Congress continues to treat the topic of Internet censorship as a free political ride."

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Paul Duguid Social & Cultural Studies University of California, Berkeley duguid@socrates.berkeley.edu Tel: 510 848 1843 Fax: 510 540 0347 ```

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