CLC PRAISES CYBERPORN MEASURE IN NEW LAW; ACLU FILES SUIT

by Tom Strode                                                                                                                       Vol. IX, No. 3, March 1996

Anti-pornography organizations rejoiced at President Clinton's signing of a telecommunications reform bill, while the ACLU immediately went to court in an attempt to halt a controversial cyberporn provision in the legislation.

The president signed into law Feb 8 the Telecommunications Reform Act, which, among other effects, will open the door for more competition among telephone companies and within the cable television industry.

Included in the new law is a provision which prohibits the distribution through on-line computer services of indecent material to minors. Those found guilty of knowingly disseminating pornography may be imprisoned for a maximum of two years and forced to pay a fine. The legislation would apply whether the material was sent directly to a minor or displayed in a manner available to a minor.

Under the legislation, on-line services and access providers are not held liable for providing access to systems or networks over which they have no control.

"Everyone concerned about the pornographic pollution of our society through the nation's telecommunications and computer networks should rejoice over the telecom reform bill's adoption," said Richard Land, president of the Southern Baptist Christian Life Commission. "While this bill's adoption does not end the war against pornography, it does represent a significant victory in the struggle to protect children from the moral cancer of pornography and obscenity."

The ACLU and 19 others filed suit in a Philadelphia federal court within hours after the president signed the bill. The suit argued the cyberporn provision violates the First Amendment's protection of expression and asked for a temporary restraining order against that portion of the law.

"Nothing less than the future of free expression in the United States is at stake here," said Ira Glasser, the ACLU's executive director, in a written statement. "By passing this legislation, Congress has misunderstood a promising new medium and has, once again, turned its back on the First Amendment."

Joining the ACLU in the suit were Planned Parenthood Federation of America and some journalism and electronic communications organizations. Sen. Dan Coats, R-Ind., defended the provision he crafted with Sen. James Exon, D.-Neb.

The cyberporn provision was "reviewed and analyzed by legal teams who have successfully argued First Amendment cases before the Supreme Court. It is their decided opinion that the anti-pornography provision will pass a constitutional legal test," Coats said in a prepared statement.

"It is time to again underscore the immense importance of giving parents the legal muscle they need to keep this raw, degrading material away from young eyes and young minds," Coats said.

Final passage of the bill came by a 91-5 vote in the Senate and a 414-16 vote in the House of Representatives.

The American Family Association opposed the cyberporn language because it exempted on-line services and access providers.

Among supporters of the legislation were the Family Research Council and the National Coalition for the Protection of Children and Families.

Also included in the reform law is a requirement that a "V chip" be included in most new television sets so parents can block programs rated too violent for children. [BP]