Groups Announce Opposition to Filtering Mandate. A
network of concerned organizations (including many IFEA members)
and prominent individuals has released a joint
statement opposing legislative requirements for school and
library Internet blocking technologies. The statement came in
response to legislation, signed into law as part of an omnibus
appropriations bill on December 21, 2000, which requires all
public schools and libraries participating in certain federal
programs to install Internet blocking technologies (see below).
(January 23, 2001).
Congress Mandates Use of Filtering in Schools and
Libraries. On December 15, the U.S. Congress passed an
appropriations containing the Children's
Internet Protection Act (also available in PDF).
The legislation would require schools and libraries receiving
federal funds for Internet access to install filtering and
blocking software. The measure is expected to be signed by the
President. In related news, free speech group Peacefire recently
completed a study
that found that several popular Internet filters block websites of
human rights organizations. The organization is also distributing
a bypass
program that can disable filters running on Windows.
(December 19, 2000)
Internet Filtering Mandate Pending in Congress.
Proponents of mandatory Internet filtering are once again trying
to push legislation through Congress. Sen. John McCain (R-AZ) and
Rep. Ernest Istook (R-OK) have attached a federal filtering
mandate to the appropriations bill for the Departments of Labor
and Health and Human Services (HHS). The "Children's Internet
Protection Act" would require all public schools and libraries
that receive federal funding for Internet access to install
Internet blocking software on their computer terminals. More
information
is available from the ACLU, including an easy way to send free
fax messages to members of Congress. (September
22, 2000)
Judge Issues Permanent Injunction against Cyber Patrol
Decoding Program. U.S. District Judge Edward F. Harrington
issued a permanent
injunction March 28 prohibiting further publication of
"cphack," a program that decodes the filtering program Cyber
Patrol. Created by Matthew Skala of Canada and Eddy L. O. Jansson
of Sweden, "cphack" discloses a list of sites that Cyber Patrol
blocks and reveals the password used to enable the software. The
judge suggested that Mattel, the manufacturer of Cyber Patrol,
begin contempt of court proceedings against mirror
sites that post the "cphack" software. The hackers settled
with Mattel before a court hearing on March 27 and agreed to
transfer the rights to "cphack" to the toymaker in exchange for
legal immunity. A motion
to quash the subpoenas (PDF) and an opposition
to Microsystems' motion for a preliminary injunction (PDF)
were filed and argued in U.S. District Court in Boston on March
27. The court's March 28 factual
and legal findings are also available. (March
29, 2000)
COPA Commission is Strapped for Cash. The Child Online
Protection Act (COPA) Commission held its first meeting on March
7. The panel discussed whether it can be effective with no funding
and no federal agency to act as its host. (March
8, 2000)
Michigan Filtering Initiative Fails. On February 22,
voters in the conservative town of Holland, Michigan rejected a
ballot proposal requiring public libraries to install filters on
computers. The measure would have withheld funding for the library
unless it blocked access to sites containing "obscene, sexually
explicit or other material harmful to minors."
(February 23, 2000)
Judge Restrains Distribution of DVD Content Scrambling
System. The movie industry filed lawsuits in California, New
York, and Connecticut to prevent Internet sites from distributing
information about the DVD Content Scrambling System. A federal
judge in New York granted a preliminary injunction January 20
against defendants who provided the decoding software on their Web
sites, and a California judge granted a preliminary injunction the
following day. The contended program, DeCSS, created by a
Norwegian programmer, allows users to decode the encryption used
on DVDs. The cases raise questions about the applicability of the
Digital
Millennium Copyright Act. Twenty-three free speech groups
signed a statement
supporting the defendants. (January 22,
2000)
U.S. Court of Appeals Hears COPA Arguments. The U.S.
Court of Appeals for the Third Circuit heard oral arguments on
November 4 in ACLU v. Reno II, the constitutional challenge to the
Child Online Protection Act (COPA). In February, a federal judge
blocked
enforcement of the Internet censorship law, which would
prohibit commercial Web site operators from exposing children
under 17 to material that is deemed "harmful to minors."
(November 5, 1999)
Conferees Consider Mandatory Filtering. House and Senate
conferees are considering a House
amendment
to the Juvenile Justice bill that would require schools and
libraries to implement "Internet filtering or blocking
technology." IFEA members sent a joint
letter to the conferees urging rejection of the provision.
(September 28, 1999)
Free Speech Groups Criticize Proposed Internet Content
Ratings. At the Internet Content Summit in Munich, nineteen
civil liberties groups released a statement
opposing proposed international content rating standards. In the
statement, the organizations say that content rating standards
"should be viewed more realistically as fundamental architectural
changes that may, in fact, facilitate the suppression of speech
far more effectively than national laws alone ever could."
(September 9, 1999)
Senate Committee Approves Filtering Bill. The Senate
Commerce Committee approved the Children's Internet Protection Act
(S.97) on June 23. The legislation would mandate that schools and
libraries receiving "E-Rate" universal service funds purchase and
use Internet filtering software to regulate access by minors. The
House of Representatives added a similar provision to the juvenile
justice bill on June 17. The Internet Free Expression Alliance
sent a joint
letter to the Senate committee urging rejection of mandatory
filtering. (June 24, 1999)
House Approves Mandatory Filtering Provision. On June
17, the House of Representatives approved an amendment
to the Juvenile Justice bill that would require schools and
libraries to implement "Internet filtering or blocking
technology." The Senate is also scheduled to consider similar
legislation. (June 21, 1999)
IFEA Members Write FCC Chair on Filtering Issue. In
response to a speech delivered by Federal Communications
Commission Chairman William Kennard encouraging the use of
Internet filters, 13 organizations wrote a letter
to the Chairman urging him to present a balanced view of
filtering software at the Commission website. (May
13, 1999)
FCC Chairman Urges Increased Use of Internet Filters.
In a speech
delivered at a conference on families and the Internet on May 4,
Federal Communications Commission Chairman William Kennard said, "
we need filtering software for families to use on their PC's." An
Annenberg Center study
released at the conference describes the attitudes of parents
about their children's use of the Internet.
(5/14/99)
Report Details Effects of Utah School Filter. The
Censorware Project has released a report
that examines the state of Utah's use of a commercial internet
censoring product in all Utah public schools and some public
libraries. It finds that the material blocked includes the Holy
Bible, the Book of Mormon, the Declaration of Independence, the
United States Constitution, all of Shakespeare's plays, and The
Adventures of Sherlock Holmes. See coverage
from the Salt Lake Tribune. (3/24/99)
Library Commission Rejects Mandatory Filters. In a
significant setback for proponents of mandatory Internet filtering
in public libraries, the National Commission on Libraries &
Information Science (NCLIS) has recommended the adoption of local
library "acceptable use" policies rather than national filtering
requirements. The NCLIS
recommendations (PDF format) adopt many of the conclusions
proposed by the Internet Free Expression Alliance in a joint
submission to the Commission last December.
(2/25/99)
Internet Commission Members Named Despite Legal Challenge to
COPA. Senate Majority Leader Trent Lott has appointed members
to the "Commission on Online Child Protection," the body created
by the COPA law that was recently enjoined by a federal court (see
below). Check the coverage
from the Freedom Forum for complete details.
(2/8/99)
Judge Blocks Internet Censorship Law. Judge Lowell Reed
of the United States District Court in Philadelphia has entered a
preliminary injunction against enforcement of the Child Online
Protection Act (COPA), the statutory successor to the
Communications Decency Act (CDA). The full text of the decision
and other documents are available at the Electronic Privacy
Information Center's COPA
Challenge page. (February 1, 1999)
New Mandatory Filtering Bills Introduced in Congress.
Two new attempts to restrict free speech on the Internet have been
introduced in the 106th Congress. Both of these bills would force
schools and libraries that receive any federal funds to install
filtering software on their computers. In the House, Rep. Franks
(R-NJ) has introduced HR 368, the so-called "Safe Schools Internet
Act." This bill would require public elementary and secondary
schools to install clumsy blocking software on all of their
computer terminals with Internet access. It would also force
public libraries to install blocking software on one or more
computer terminals with Internet access. In the Senate, John
McCain (R-AZ) has introduced S. 97, the so-called "Children's
Internet Protection Act," which is a new version of the Internet
filtering proposal he sponsored in the last Congress. See the
American Civil Liberties Union's information
on the bills. (1/28/99)
Library Internet Filtering Declared Unconstitutional.
The use of Internet filtering software on public library computers
violates the First Amendment, according to a federal judge in
Virginia. The groundbreaking decision was issued in Mainstream
Loudoun v. Board of Trustees of the Loudoun County Library.
The
text of the decision is available online.
(11/24/98)
Court Blocks Internet Censorship
Law. A federal court in
Philadelphia has issued a temporary
restraining order enjoining enforcement of the "Child Online
Protection Act" until at least December 4. The court order applies
to all Web sites. See plaintiffs' brief
in support of a TRO for details.
(11/19/98)
Coalition Urges Reno not to Enforce Censorship Law. IFEA
members and other groups have sent a letter
to Attorney General Janet Reno urging her not to enforce the
"Child Online Protection Act." The groups cite the harm to free
speech and privacy that would result from enforcement.
(11/4/98)
Suit Filed to Challenge Internet Censorship Law. The
American Civil Liberties Union, Electronic Privacy Information
Center and Electronic Frontier Foundation have filed a legal
challenge to the "Child
Online Protection Act" passed by Congress as part of the
omnibus budget legislation. The lawsuit was filed on October 22 in
U.S. District Court in Philadelphia. The formal
complaint is available online. Internet users can send
free faxes to
Attorney General Reno urging her not to enforce the new
censorship law. (10/28/98)
House Approves Internet Censorship Bill -- The House of
Representatives approved the "Child
Online Protection Act" (also known as "CDA2") on October 7.
The Senate previously passed similar legislation (see below), but
the two chambers still must reconcile the measures before Congress
adjourns. Two dozen organizations submitted a joint
statement coordinated by the Internet Free Expression Alliance
urging Congress to reject any proposal that would infringe free
speech online. (10/14/98)
Senate Approves Internet Censorship Bills -- The U.S.
Senate has approved two net censorship bills as part of a $33
billion appropriations bill. More than a dozen free speech and
civil liberties organizations (members of IFEA) sent a joint
letter to the Senate urging opposition to the measures. One
measure would require filtering software in schools and public
libraries that receive federal Internet subsidies; the other would
make it a crime to allow children to access material that is
"harmful to minors." See the text of the Internet-related
amendments to the appropriations bill.
(7/23/98)
New Filtering Bill in House -- A House
Appropriations subcommittee has approved an amendment
to the Health and Human Services budget requiring all public
libraries and public or private schools that receive federal funds
"for the acquisition of any computer that is accessible to minors
and that has access to the Internet" to install software that is
"designed to prevent minors from obtaining access to any obscene
information." See the New
York Times' coverage for details.
(6/29/98)
New ACLU White Paper Released --
"Censorship
In a Box: Why Blocking Software is Wrong for Public
Libraries"
(6/17/98)
