IP: a personal statement re the CDA and the Telecommunications

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

Several people have questioned my focus on the computer decency act (CDA) of
the Telecommunications Reform Act in IP mailings as opposed to issues
relating to control of the airwaves, regulation  etc.


My concern with the CDA is it is a direct and dangerous attack on both the
First Amendment and upon the  Network as a vehicle for exercising the right
granted under the Bill of Rights.   


I really believe that there could be a dramatic decline in the power of the
network to act as a vehicle for the exchange of ideas given the CDA and thus
a slowdown in the growth of the network business


How you may ask? Take the Universities on the net. A significant percentage
of the undergraduates are legally minors. Exposing them to indecent language
would expose the Universities to legal action. Will they chance it? I think
many, if not all, will choose to screen out any newsgroups which could be
deemed to contain such language not only from minors but from the whole
campus community. Note that may include a whole range of items besides
recreational pictures. Discussion of sexuality, abortion, history, art etc. 


What ISP will chance fighting letters from irate well organized people
complaining about indecent discussions that they have seen on the net that
pass through the ISP or are presented in AOL/Compuserve or even accessed via
those services (notice the explosive case in Penn).    Not many I doubt. We
will slowly slide toward a broadcaste model of the net and 500000 channels
and nothing to watch.


Will the courts save us? Maybe soon enough but realize the answer may just
be that they equate the Net to TV and radio  and allow such regulation.


The other parts of the Bill will be subject to court challenges, endless
hearing before regulatory commissions etc. They do not immediately challenge
our freedom to speak, write, listen and look.. The CDA does and is a basic
attack on the Bill or Rights in the Information Age.
  
Dave


Wear a Blue Ribbon