We've received some calls and messages from people professing to support
the Communications Decency Amendment to the Telecom Bill. In every
case so far, these skeptics have told us that they support the bill
because (they believe) it "gets rid of smut" or "protects children".
These assumptions are false.
Below are links to several documents such skeptics
should look at.
EFF does not advocate the distribution of
obscenity or child pornography, and neither does the rest of the free
speech movement. The Comm. Decency Act is not about child porn, it is
not about protecting children from online stalkers, and it is not about
illegalizing online pornography. All of these are already illegal,
online or offline.
The Comm Decency Act is a ban on "indecent" material online. "Indecency"
is not obscenity (pornography). Indecency can most easily be described
as what makes a PG-rated movie PG instead of G. Indecency is the word
"piss" (which occurs at least 7 times in the King James Bible).
Indecency is material that is protected under the First Amendment,
even though some people find it offensive to one degree or another.
Contrast this with obscenity, which has been ruled by the Supreme Court
to not be protected expression at all. Again, obscenity (pornography)
is and always has been illegal to post online. In a
May 3, 1995 letter to Sen. Leahy, the Justice Department
itself opposed the Comm. Decency Act, saying the CDA "would
significantly thwart enforcement of existing laws
regarding obscenity and child pornography, create several ways for
distributors and packagers of obscenity and child pornography to avoid
criminal liability, and threaten important First Amendment and privacy
rights."
WE AGREE WITH YOU that child pornography is bad. We agree with you
that children and adults should not have to be subjected to material that
offends them. But the Comm. Decency Act does not address these problems
at all, and actively hinders real solutions to them. For more
information on real solutions, please see the EFF Online Filter &
Ratings Archive
(link below).
Remember: Support for the stated goals of an action (such as this
legislation) does not require support for all bad ideas that pretend to
acheive that goal (again, such as this legislation.) The Comm. Decency
Act is a product of political gamesmanship. It is a sham, and it is
unconstititional. You have been directly misled by the legislators and
lobbyists who sponsored this bill - they do not care about actually
protecting children, they care about money, press coverage, political
power and votes. Please remember that you have to make up your own
mind. Don't let lobbyists' press releases make it up for you. Check the
facts below if you remain skeptical. Look it up, and find the truth
about this terrible legislation.
Please review these articles, papers and archives if you think you should
support the Comm. Decency Act. You may be surprised.
-
EFF Online Ratings/Filters/Labelling Archive - links to already
available
software and services that enable parents and teachers to prevent children's
access to inappropriate materials. It's not science fiction, it's here
now.
- Journalist Todd Lappin explains obscenity and
indecency (and the differences between them) in lay terms.
-
Attorney (and father) Mike Godwin explains the difference between
"obscenity" and "indecency" in more precise terms
- CHILDREN, CHILD ABUSE, AND CYBERPORN:
A Primer for Clear Thinkers, by Mike Godwin
- Mike
Godwin, a parent, testifies before
the U.S. Senate about Internet censorship legislation v. parental control
technology.
- "Child Safety on the Information Highway" primer
from the National Center for Missing and Exploited Children and the
Interactive Services Assoc.
- A Parent's
Guide to Supervising a Child's Online and Internet Experience
A short guide to how the Internet works and what parents can do to
guide their childrens' online experiences. By Robert Cannon of the
Washington, D.C. law firm Shack, Crawford & Cannon
- The Justice Department's May 3, 1995 letter to Sen. Leahy, in which the DoJ says the CDA would " would significantly thwart enforcement of existing laws
regarding obscenity and child pornography"
- Apple Libarian Steve Cisler's review of the history of "Protection
and the Internet"
-
John Noring's exploration of the likely ill effects of the CDA on the
development of online libraries. Not a pretty picture.
- The Morality
Museum - (including such topics as: Pornography Vs. Erotica, Stop The
Communications Decency Act, Computer Pornography
Censorship of Obscenity, Laws On Child Pornography, Censorship and the
Internet, Censorship of Cyberspace - A Personal Choice, Cyberporn & Bogus
Research, Why Censoring Cyberspace is Dangerous & Futile, Headline: Cyberporn
Protect Your Children From Internet Pedophiles, the Cyberporn Debate and
Children Accessing Controversial Information.)
- People for the American Way's
exposé of the fundmentalist fanatic groups behind the CDA and other
dangerous legislation
- Attorney Mark
Welch explores "What's Wrong With the Communications Decency Act?"
- Yahoo! & Surfwatch present
"Staying Street Smart on the Web!", and "Rules for Online
Child Safety"