Date: Thu, 14 Mar 1996 14:21:53 -0800 (PST) Precedence: bulk From: telstar@wired.com (--Todd Lappin-->) To: Multiple recipients of list <cda96-l@willamette.edu> Subject: CONGRESS: Online Parental Control Act of 1996 Today in the House of Representatives, legislation was introduced to encourage parental empowerment on the Internet and eliminate the vague and overbroad "indecency" standard that became law under the Communications Decency Act. The new legislation, called the "Online Parental Control Act of 1996," was introduced by Rep. Anna Eshoo (D-CA), whose district includes much of California's Silicon Valley. Representatives Pelosi (D-CA), Dellums (D-CA), Farr (D-CA), Gejdenson (D-CT), and Woolsey (D-CA) are co-sponsors of the bill. (The full text of Rep. Eschoo's press release on the new legislation follows below.) The Online Parental Control Act of 1996 seeks to replace the "indecency" standard (which is mainly used to regulate speech in BROADCAST media) with the more narrowly-drawn "harmful to minors" standard which has already been upheld as constitutional in 48 states. My understanding is that "harmful to minors" is a PRINT-based standard, but I'll research this and send out a more detailed evaluation as soon as possible. In the meantime, I can say this: "harmful to minors" is viewed as a middle-of-the-road standard, and as such, it remains *highly* controversial. There are many who would argue that *any* attempt to restrict access to content other than obscenity (which does not enjoy First Amendment protection) is unwarranted. Stay tuned. All of this, by the way, comes on the heels of a bill (S 1567) Patrick Leahy introduced in the United States Senate last month in an effort to repeal the Communications Decency Act altogether. Spread the word! --Todd Lappin--> Section Editor WIRED Magazine ============================================================ FOR IMMEDIATE RELEASE Lewis Roth CONTACT: (202) 225-8104 March 14, 1996 Eshoo Introduces Online Parental Control Act Legislation Strengthens Parental Control Of Online Materials, Eliminates "Indecency" Standard Washington, D.C.--Rep. Anna Eshoo (D-CA) today introduced the Online Parental Control Act of 1996 (OPCA) to strengthen the control parents have over their children's access to online materials, eliminate the "indecency" standard from the Communications Act of 1934, and provide additional defenses against liability for publishing online materials. Representatives Pelosi (D-CA), Dellums (D-CA), Farr (D-CA), Gejdenson (D-CT), and Woolsey (D-CA) are original cosponsors of OPCA. When the Telecommunications Reform Bill was signed into law earlier this year, it made sweeping changes to America's telecommunications policy. Among those changes was the establishment of a ban on using telecommunications devices to provide "indecent" materials to minors, as well as defenses against being held liable for a violation of that ban. For example, people could avoid liability by using software that blocks the access of minors to such materials or restricts access through the use of credit card numbers or adult access codes. Some U.S. Representatives, including Rep. Eshoo, opposed the "indecency" standard because the range of material it would ban was so broad that it violates the right to freedom of speech. The "indecency" standard is currently being challenged in court by a large coalition of free speech advocacy groups and high technology companies. "The Online Parental Control Act will encourage an open dialogue in Congress about the best way to both give parents control over what their children see online and protect the First Amendment rights of Internet users," said Rep. Eshoo. "My proposal builds on last year's efforts to reach a compromise on this issue by offering more incentives for the online community to provide families with better parental control technologies. "I'm supportive of efforts to address this issue in the courts, but I believe Congress also needs to offer a legislative solution. Given the political realities of the current Congress, I think OPCA offers the most realistic way to settle this dispute in a timely and effective manner." The Online Parental Control Act of 1996: Replaces the "indecency" standard with a "harmful to minors" standard; Establishes a definition for "harmful to minors;" Maintains the Communications Act of 1934's legal defenses against liability for people who choose to give parents technology that: 1) blocks or restricts access to online materials deemed obscene or harmful to minors, and 2) restricts access to such materials through adult access codes or credit card numbers; Adds two new defenses: 1) the use of labeling or segregating systems to restrict access to online materials, such as systems developed using the standards designed by the Platform for Internet Content Selection project (PICS), and 2) the use of other systems that serve the same function of the other defenses if they are as reasonable, effective, and appropriate as blocking, adult access code, and labeling technologies; and Protects providers or users of interactive computer services, information content providers, and access software providers from civil or criminal liability under state law for making available to minors materials that are indecent or harmful to minors if they take actions to qualify for the defenses mentioned above. "I'd rather have Mom and Dad monitoring their children's online viewing habits than the government," concluded Rep. Eshoo. "Technology offers the best opportunity for parents to manage what their kids have access to, and the Online Parental Control Act encourages those technologies to be developed more fully." The "indecency" standard is a vague term that has been subject to legal challenge by a wide range of free speech advocates and high technology companies. The broad nature of the "indecency" standard means that it could lead to a prohibition on material such as classic art like Michelangelo's David, classic literature like "Catcher In The Rye," and frank discussions about birth control, sexuality, or disease transmission. "Harmful to minors," on the other hand, already works successfully in 48 states, more directly addresses speech that actually harms children, and passes constitutional muster. PICS is a cross-industry working group assembled under the auspices of MIT's World Wide Web Consortium to develop an easy-to-use content labeling and selection platform that empowers people worldwide to selectively control online content they receive through personal computers. The Recreational Software Advisory Council recently announced that it will soon implement a detailed voluntary ratings system, using PICS standards, that will let computer users filter out varying degrees of sex, violence, nudity, and foul language. Companies and groups supporting PICS include Apple, America Online, AT&T, the Center for Democracy and Technology, CompuServe, IBM, France Telecom, Prodigy, Providence Systems/Parental Guidance, Surf Watch Software, and Time Warner Pathfinder. For more information about the Online Parental Control Act of 1996, please contact Lewis Roth at (202) 225-8104 or look on the Internet at http://www-eshoo.house.gov/opca.html. ### +--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+- This transmission was brought to you by.... THE CDA INFORMATION NETWORK The CDA Information Network is a moderated mailing list providing up-to-the-minute bulletins and background on efforts to overturn the Communications Decency Act. To subscribe, send email to <majordomo@wired.com> with "subscribe cda-bulletin" in the message body. WARNING: This is not a test! WARNING: This is not a drill! +--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+-