The following text is copyright 1998 by
Network World, permission is hearby given for reproduction, as long as
attribution is given and this notice is included.
The 435 usual suspects
By Scott Bradner
Network
World, 09/28/98
It would be a cheap
shot to note that in the span of less than a week,
one U.S. House of
Representatives subcommittee approved an act
that restricts what
types of information may be made available to a
class of people over
the Internet and a few days later, another
committee ordered the
publication of material that might violate the
act. A cheap shot,
yes, but a well-deserved one.
On Sept. 17, the
telecommunications subcommittee of the House
Commerce Committee
approved the Child Online Protection Act. The
act would make it an
expensive crime for people providing network
content not to
restrict the access of minors to material that is "harmful
to minors."
This approval was followed two days later by the House
Judiciary Committee
voting to release 2,800 pages of "supporting
material" for
Independent Counsel Kenneth Starr's report to
Congress. This
material, published online by CNN and others,
includes sexually
explicit testimony from Monica Lewinsky. The child
protection bill
would put the operator of the CNN Web site in danger
of being arrested
unless the news organization installed a system for
checking the age of
anyone trying to access the information.
Those people in
government who know better than you do what your
kids should not see
have produced an act that, while technically and
operationally
challenged, will be harder to fight on U.S. constitutional
grounds than the
Communications Decency Act. (I am not a lawyer,
but like just about
every other technical person on the Internet, I
sometimes play one
online.)
If the sponsors are pure
in their motives - an assumption that might be
questioned in an
election year - the act would not give the FCC
authority to control
actual content, just access to content.
But it seems to me
the result would be an almost blanket elimination
of access to
information of all types by minors and a significant
chilling of
discourse for all U.S. Internet users. It would be easy for a
local prosecutor,
motivated by righteous indignation or a hunger for
publicity, to notify
an ISP or university that section after section of its
servers have naughty
material on them - naughtiness being in the
observer's mind.
The ISP would have
to instantly control access to the information or face
arrest and risk large daily fines. It would be sort of like getting nibbled to
death by ducks. Getting out of the content business might become the answer.
The idea that the U.S. will be able to control the worldwide
distribution of inappropriate material for kids is almost quaint. But the
danger of this act is not just what it tries to do. Rather, the danger lies in
what the act lays the groundwork for. Today sex is the target; what will the
focus be tomorrow? There are many things governments would like to protect our
kids, and us, from - the truth, for example.
Disclaimer:
Harvard does not run a protection racket and has no stated opinion on
organizations that try to do so.