IP: UPenn's Provost's Statement on the Communications Decency

[Dave Farber <farber () central cis upenn edu>]

To the Penn community:


Recent federal legislation has significant implications for all members of the  
Penn community who use telecommunications or electronic networks. The   
Telecommunications Act of 1996 , signed into law by President Clinton on  
February 8, includes provisions, known as the Communications Decency Act, that  
prohibit dissemination of certain materials to persons under the age of 18.


One provision prohibits using a telecommunications device to make and transmit  
any "obscene or indecent" communication to anyone known to be under 18.
Another  
prohibits using any "interactive computer service" to display, in a manner  
available to anyone under 18, any communication that, "in context, depicts or  
describes, in terms patently offensive as measured by contemporary community  
standards, sexual or excretory activities or organs." While the terms  
"indecent" and "patently offensive" are not defined in the law and their  
meaning is unclear, the terms may be construed to include materials with  
literary, scientific, artistic, or educational value.


The constitutionality of these provisions has been challenged in Federal court  
on the grounds that they prohibit speech protected by the First Amendment and  
are impermissibly vague and overbroad. The court has entered an order that  
temporarily bars enforcement of the prohibition against "indecent"  
communications, but the order does not bar enforcement of the Act's other  
provisions. Penn believes the constitutional challenges are important and  
should be resolved quickly, because we believe the Act may chill the free  
exchange of ideas and information that is central to the University's mission.  
It may also significantly restrict the development and usefulness of new forms  
of electronic communication.


Members of the Penn community should be aware, however, that although  
enforcement of the "indecency" provision is temporarily barred, the bill's  
other provisions are and will remain in effect unless overturned or repealed.  
Those provisions subject violators to substantial criminal penalties.  
Individuals or institutions that make information or materials available on  
electronic networks have an obligation to comply with the statute. Individuals  
who distribute information through the University's computing resources are  
responsible for the content they provide and may wish to evaluate the material  
they make available in light of the Act's requirements. The University is  
unable to prevent information that is posted to publicly accessible resources,  
such as newsgroups and homepages, from becoming available to persons under the  
age of 18.


We regret the uncertainty and disruption caused by this legislation and will  
try to keep you informed (via  Almanac  and the  University's home page  on
the  WorldWideWeb) of significant developments as they occur.


Stanley Chodorow
Provost





--
Dr. Noam H. Arzt                               215/898-3029 (voice)  
University of Pennsylvania                     215/898-9348 (FAX)
Director, Information Technology Architecture  Info Systems & Computing
Director, Finance, Administration & Systems    Data Comm. & Computing Services
Director, Network Services & Support