Cyber Beat

Government Censorship Of Cyberspace

The long arm of the federal government is again reaching into areas many believe are protected by the First Amendment of the U.S. Constitution. This time the long arm is reaching out into cyberspace.

The House of Representatives Confer- ence Committee has passed a bill which would enable criminal prosecution of anyone placing "indecent material" on the Internet. As of December 11, the bill is on its way to the Senate Conference Committee.

The two bills in question, Senate Bill 652 and House of Representatives Bill 1555, are part of The Communications Decency Act that would revise Title 47, Section 223, of the U.S. Code. Both bills seek to regulate the transmission of "indecent" material or com- munications on the Internet.

What constitutes "indecent" material, as well as whether regulations to censor, or regulate, what is communicated on the Internet should be created at all, is in debate between members of Congress and the public. Arguments are being made that statutes governing criminal activity such as child pornography and obscenity already exist, and therefore there is no need to create new legislation to include the Internet specifically.

A recent arrest of a Minnesota man, Steven Bruce Stanley, 47, is a case in point for the argument that existing law allows government authorities to crackdown on violators that invade the Internet with sexually oriented material or acts. According to newspaper reports, Mr. Stanley was arrested and charged in Clearwater, Florida, with 17 counts of promoting child pornogra- phy and one count of attempted lewd and lascivious conduct with a minor. He had apparently been communicating through a commercial on-line service with a 17 year old girl for several months. The two purportedly had made arrangements to meet for sexual activity when Mr. Stanley was arrested.

Given the known facts of this case, it appears that the argument that laws from which the charges can be made against people like Mr. Stanley already exist is on the mark. Therefore, in this situation at least, one could question the need for an- other layer of legislation specifically geared to activity that occurs, or originates, on the Internet.

If Mr. Stanley, or others like him, solicit sex from a minor, what is the significance of said solicitation having been made over the Internet, versus over the phone? Or for that matter, from behind the steering wheel of a car to the minor on a street corner? An adult soliciting sex from a minor is illegal, as the law stands on the books now. Why is there a need to add another statute specifically addressing communications on the Internet?

Because the Internet is *not* specifically addressed in current statutes, however, it appears that the proposed amendments to Title 47, Section 223 would give authority to the Federal Communications Commission to monitor and regulate communications over the Internet similar to their authority now to monitor telephone, radio and television broadcasts.

Needless to say, various organizations are jumping into the arena in an effort to get the word out to the general public about the proposed changes. One such organization, The Electronic Frontier Foundation, main- tains a Web site that follows the progress of the proposed changes to Title 47 of the U.S. Code. You may follow these changes and keep posted on other information affecting communications on the Internet at the Electronic Frontier Foundation (http://www.eff.org/pub/Alerts)

After reviewing the information found at the site of The Electronic Frontier Founda- tion, it is clear that this organization is extremely concerned about the effects that The Communications Decency Act, as well as the above House and Senate bills, will have on the Internet. They seek the help of indi- viduals and organizations that support their position in contacting members of Congress to push for the defeat of these bills.

If you are unsure of who to contact in Congress, The Electronic Frontier Founda- tion site gives the user access to a database in order to search for the name of the con- gressional representative in the user's district. The user enters the zip code in which he lives and the computer conducts a search, which will reveal the name, address, phone number, and email address of the congressional representative of the user's district. Pretty amazing stuff!

Whether you agree or disagree with the stand taken by organizations such as the Electronic Frontier Foundation, regulation of cyberspace is probably inevitable. To what degree the government regulates the Inter- net in the future is being decided as you read this article. Cyberspace is a wonderful medium for keeping up to date on what is happening in the world. It is also a place where you can be a part of the development of the future. So, join in on the fun. Contact your local congressman and communicate your opinions about regulation of the Internet. By doing so, you will be part of the grass roots effort to set the direction for the world in the twenty-first century.

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