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The Center for Democracy and Technology /____/ Volume 5, Number 2
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Volume 5, Number 2 January 12, 1999
CONTENTS:
(1) COALITION OF INDUSTRY AND CIVIL LIBERTIES GROUPS CHALLENGE INTERNET
CENSORSHIP LEGISLATION IN COURT
(2) BACKGROUND ON THE CHILD ONLINE PROTECTION ACT (COPA)
(3) BACKGROUND ON THE LAWSUIT
(4) Subscription Information
(5) About CDT
** This document may be redistributed freely with this banner intact **
Excerpts may be re-posted with permission of <ari@cdt.org>
_____________________________________________________________________________
(1) COALITION OF INDUSTRY AND CIVIL LIBERTIES GROUPS CHALLENGE INTERNET
CENSORSHIP LEGISLATION IN COURT
A broad coalition of 20 groups representing publishers, Internet service
providers, journalists, the technology industry and civil liberties
interests has joined the court fight against Congress' latest effort to
censor the Internet. The coalition, which includes CDT, submitted a "friend
of the court" brief yesterday to a federal judge in Philadelphia hearing
the case challenging the Child Online Protection Act of 1998 (COPA).
COPA, intended to protect children from sexually explicit material online,
was enacted after the Supreme Court in 1997 held unconstitutional Congress'
first effort to regulate Internet content, the Communications Decency Act
(CDA). Many of the groups joining in the brief yesterday were among the
plaintiffs that successfully defeated the CDA.
The coalition urged the court to hold COPA unconstitutional under the First
Amendment. The coalition's 35-page brief argues that less restrictive and
more effective user-controlled alternatives -- such as filtering software
and other technologies -- do a far better job of protecting children in a
global medium than government controls.
A copy of the brief is available at http://www.cdt.org/speech/copa/990111amicus.html.
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(2) BACKGROUND ON THE CHILD ONLINE PROTECTION ACT (COPA)
The Child Online Protection Act (COPA) prohibits commercial web site
operators from offering material that is suitable for adults but considered
"harmful to minors" unless such sites verify the age of all visitors. The
language, based on Representative Oxley's censorship bill (H.R. 3783), was
added to the massive spending legislation that Congress approved on October
16, 1998.
Despite its stated intention, COPA is bound to be ineffective in protecting
children online, since much offensive Internet material originates
overseas. Meanwhile, especially in light of concerns about privacy on the
Internet, COPA's requirement that all sites offering any material that may
be unsuitable for children must verify their users' ages will discourage
adults from accessing material that is appropriate for them. Also, the Act
burdens speech by forcing publishers of a wide range of material to
stigmatize it by labelling it as "adult only."
FOR MORE INFORMATION:
* Text of COPA
http://www.cdt.org/legislation/105th/speech/copa.html
* CDT's Constitutional Analysis of H.R. 3783 (the Oxley bill)
http://www.cdt.org/speech/copa/980924constitutional.html
* Policy Post 4.25: House and Senate Each Pass Censorship Legislation
http://www.cdt.org/publications/pp_4.25.html
* CDT's testimony on H.R. 3783 (as introduced)
http://www.cdt.org/testimony/980911jbermantest.html
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(3) BACKGROUND ON THE LAWSUIT
Immediately after COPA was signed by President Clinton, the American Civil
Liberties Union and others challenged the law in federal court in
Philadelphia. The U.S. Justice Department is defending the law. Last
November, Federal District Court Judge Lowell A. Reed, Jr., temporarily
blocked prosecutors from enforcing COPA, and ruled that the law likely
violates the First Amendment. A preliminary injunction hearing, with
witnesses by both sides, is scheduled to begin January 20th, with a ruling
from Judge Reed expected by February 1st. In preparation for the
evidentiary hearing, parties filed briefs on Monday, January 11, 1999.
________________________________________________________________________________
(4) 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
Internet users, industry leaders, policymakers 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
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In the BODY of the message (leave the SUBJECT LINE BLANK), type
subscribe policy-posts
If you ever wish to remove yourself from the list, send mail to the above
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________________________________________________________________________________
(5) 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: http://www.cdt.org/
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
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End Policy Post 5.2 1/12/99
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