The following text is copyright 1998 by
Network World, permission is hearby given for reproduction, as long as attribution
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The 435 usual suspects
By Scott Bradner
It would be a cheap shot
to note that in the span of less than a week the 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 in effect ordered the publication of material which might
violate the act. A cheap shot, but well deserved.
On September 17th the
telecommunications subcommittee of the House Commerce Committee approved the
"Child Online Protection Act". The act would make it an expensive
crime for people in the business of providing network content to not restrict the
access of minors to material that is "harmful to minors". That was
followed two days later by the House Judiciary committee voting to release
2,800 pages of "supporting material" for Independent Counsel Ken
Starr's report to Congress. Material that 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 CNN installed some
way to check 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 US constitutional grounds than the Communications Decency Act
was. (I am not a lawyer but, like just about every other technical person on
the Internet, I sometimes play one on-line. )
If the sponsors are pure
in their motives, an assumption that might be questioned in an election year,
the FCC can not use this act as giving it the authority to control actual
content, just access to it. But, it seems to me that 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
quite 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 very large daily fines. Sort of like getting nibbled to death
by ducks. Getting out of the content business might become the pragmatic
answer.
The hubris of the idea
in the act that the US will be able to control the world-wide distribution of
material that is inappropriate for kids is almost quaint. But the danger in
this act is not just in what it tries to do but in what it lays the groundwork
for - today sex is the target, what will it be tomorrow? There are many things
that 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.