FC: Sen. Kyl's views on how the Feds should yank Net access

[Declan McCullagh <declan () well com>]

Here's info on a Freedom Forum media and violence debate next week (the
person taking the pro-free speech side is a longtime politechnical):
  http://www.freedomforum.org/first/1999/12/9ombudevent.asp


> From: MerrittDC () aol com
> Date: Thu, 2 Dec 1999 08:04:32 EST
> Subject: Govt-Mandated Suspension of Internet Access 
> To: declan () well com
>
>
> Declan --
>
> My name is David Safavian. We met yesterday at the CSE event. 
>
> Per our discussion, I have jotted down the language of the Kyl bill that 
> treats internet access as a government granted privilege (which can be 
> suspended by the government at will), rather than the civil right of the new 
> century.  Specifically, Page 21, Line 8 of S. 692 states:
>
> [US courts shall have the authority, upon petition from qualified law 
> enforcement agencies to issue:] 
>
> "(I) an order restraining the provider from 
> providing access to an identified subscriber 
> of the sustem or netowrk  of the interactive 
> computer services provider, if the court 
> determines that there is probable cause to 
> believe that such subscriber is using that 
> access to violate [the gambling prohibition] 
> . . . , by terminating the specific account of 
> the subscriber."
>
>
> This seems to pose at least two significant problems: 
>
> (1) A state attorney general could seek to turn off my internet access not 
> with a successful prosecution (proof beyond a reasonable doubt), but instead 
> with a lesser showing merely of "probable cause."
>
> (2) Will this set the precedent for other politically incorrect activities?  
> What happens if Matt Drudge is sued for slander?  Will this lead to the 
> government utilizing internet access as a carrot (or loss of net access as a 
> stick) to modify behavior? 
>
> Regardless of one's views of gambling, this seems to have been overlooked by 
> most technology commentators.  Equally disturbing is the fact that many ISPs 
> are complicit by negotiating these terms with Senator Kyl.  They seem to
have 
> put their interests above those of their subscribers. 
>
> Any thoughts?
>
> David Safavian

 


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