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IP: CIEC Files Request for Injunction of CDA,
From: Dave Farber <farber () central cis upenn edu>
Date: Tue, 05 Mar 1996 10:22:10 -0500
----------------------------------------------------------------------------- _____ _____ _______ / ____| __ \__ __| ____ ___ ____ __ | | | | | | | | / __ \____ / (_)______ __ / __ \____ _____/ /_ | | | | | | | | / /_/ / __ \/ / / ___/ / / / / /_/ / __ \/ ___/ __/ | |____| |__| | | | / ____/ /_/ / / / /__/ /_/ / / ____/ /_/ (__ ) /_ \_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/ The Center for Democracy and Technology /____/ Volume 2, Number 8 ---------------------------------------------------------------------------- A briefing on public policy issues affecting civil liberties online ---------------------------------------------------------------------------- CDT POLICY POST Volume 2, Number 8 March 1, 1996 CONTENTS: (1) CIEC Files Request for Injunction of CDA, Sets State for Landmark Court Battle for the Future of the Internet * Over 5000 Net Users have Already Joined the Fight! Have You? (2) Subscription Information (3) About CDT, contacting us ** This document may be redistributed freely with this banner in tact ** ----------------------------------------------------------------------------- (1) CITIZENS INTERNET EMPOWERMENT COALITION REQUEST FOR INJUNCTION OF CDA The Citizens Internet Empowerment Coalition Friday (3/1) filed a motion for a preliminary injunction of the Communications Decency Act. The filing sets the stage for an historic court battle which will determine the future of the Internet as a viable means for free expression, education, and commerce, as well as the fate of the First Amendment in the information age. Witnesses will begin to testify before the Philadelphia Federal court beginning March 21, 1996. The Citizens Internet Empowerment Coalition (CIEC) is coordinated by the Center for Democracy and Technology, America Online, the American Library Association, and others, including People for the American Way. Its 37 members include over 5000 individual Internet users, libraries, book publishers, newspaper publishers, editors, advertisers, commercial online service providers, ISP's, non-profit groups, and civil liberties advocates. Individual Internet users are encouraged to join the fight! All users of the Internet are potentially subject to massive fines and prison sentences under the Communications Decency Act. Join the CIEC and become a part of a landmark case which will determine the future of free speech online. Over 5000 individuals have joined as of 5:30 pm Friday 3/1! For more information, on what you can do to help overturn the CDA, please visit the CIEC web page at: http://www.cdt.org/ciec/ You must join by March 15, so please hurry! The text of the CIEC complaint and other relevant information is currently available on the CIEC web page. Copies of today's motion, along with the declarations listed below, will be available on the CIEC page shortly. THE INTERNET IS A UNIQUE COMMUNICATIONS TECHNOLOGY WHICH DESERVES FULL FIRST AMENDMENT PROTECTIONS In the motion filed today, CIEC argues that the Internet is a unique communications technology distinct from traditional broadcast mass media and telephone networks, and that the broad content regulations imposed by the CDA are unconstitutionally restrictive. The CIEC argues that because the Internet offers users tremendous control over the content they receive, it deserves first amendment protections at least as broad as those enjoyed by the print medium. Specifically, the motion states: "The Internet, and 'cyberspace' generally, is an entirely new communications medium that differs from other media in crucial respects: it is global, it is decentralized, it gives ordinary citizens unparalleled ability to communicate to and with others on a scale never before possible, an it is unobtrusive, because users access only the communications they affirmatively request. It therefor merits the highest level of First Amendment protection." (Page 2) The motion goes on to argue: "In sum, this Court should accord to the interactive computer medium the most vigilant protection from government censorship and overreaching. The unparalleled potential of cyberspace to effectuate the core policies of the First Amendment calls for a reaffirmance of our 'profound national commitment' to public discourse that is 'uninhibited, robust, and wide-open." "The challenged provisions of the Act, however, represent an indiscriminate and damaging retreat from that commitment, one that reflects an as-yet poor legislative understanding even of the basic operating methods of cyberpsace. Those provisions are facially invalid because they abridge far too much protected speech while affording little incremental protection for minors, and threaten to disrupt the rapidly unfolding development of a salutary communications revolution that until now has flourished with a minimum of governmental interference." (Pages 60 - 61). OVER 39 DECLARATIONS DESCRIBE THE INTERNET AND THE IMPACT OF THE CDA. Included in the CIEC filing today were declarations from individuals, libraries, online service providers, content providers, publishers, non-profit groups, civil liberties advocates, and even a US Senator. The declarations describe in detail the potential impact the CDA will have on their rights to free speech on the Internet, and will be considered by the court as evidence in the case. The list of groups filing declarations today includes: Albert Vezza, Assoc. Director, Lab. for Computer Science, MIT (re: PICS Project) America Online, Inc. American Booksellers Association American Booksellers Foundation for Free Expression American Library Association American Society of Newspaper Editors Association of American Universities Association of American University Presses, Inc. Association of Publishers, Editors, and Writers Association of Research Libraries Bantam Doubleday Dell Publishing Group, Inc. Carnegie Library of Pittsburgh Center For Democracy and Technology Commercial Internet eXchange Compuserve Incorporated Families Against Internet Censorship Fort Vancouver Regional Library Free Library of Philadelphia Freedom to Read Foundation Health Sciences Libraries Consortium HotWired Ventures, LLC Interactive Services Association Media Access Project Microsoft Corp,; Microsoft Network, L.L.C. Microsystems Software, Inc. NETCOM On-Line Communications Services, Inc. Newspaper Association of America OpNet Inc. Patrick Leahy, United States Senator (D-VT) People for the American Way Prodigy Services Company Recording Industry Association of America Scott O. Brander, Office of Information Technology, Harvard University Society of Professional Journalists Surfwatch Software, Inc. Timothy Berners-Lee, Director, World Wide Web Consortium UC Santa Barbara Library University of Pennsylvania Libraries Vinton Cerf, MCI Telecommunications Services, Inc. Wired Ventures, Ltd. ----------------------------------------------------------------------- (2) 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 more than 9,000 Internet users, industry leaders, policy makers 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 policy-posts-request () cdt org with a subject: subscribe policy-posts If you ever wish to remove yourself from the list, send mail to the above address with a subject of: unsubscribe policy-posts ----------------------------------------------------------------------- (3) 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: URL:http://www.cdt.org/ FTP URL:ftp://ftp.cdt.org/pub/cdt/ 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 ----------------------------------------------------------------------- End Policy Post 2.8 3/1/96 -----------------------------------------------------------------------
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