IP: The Feinstein-Hatch-Stalin Bill

[David Farber <farber () cis upenn edu>]

> From: "John F. McMullen" <johnmac () acm org>
> To: "Declan McCullagh" <declan () well com>, "Dave Farber" <farber () cis upenn edu>
> Subject: FW: The Feinstein-Hatch-Stalin Bill
> Date: Fri, 1 Oct 1999 00:45:45 -0400
> X-Priority: 3 (Normal)
> Importance: Normal
>
> Another attempt to control Net content. FYI, the sender of this to me is
> Peter McWilliams, an author ("Personal Computer BooK' and many others), who
> is under Federal indictment for the use of "medical marijuiana" McWilliams
> says that, if convicted, he faces a sentence longer than his life
> expectancy - his battle is important obviously to him both because of his
> case and because of his Libertarian views - the move to legislate Web links
> seems to move it also into our net baliwicks.
>
> John-----Original Message-----
> From:  LIST () mcwilliams com [mailto:LIST () mcwilliams com] On Behalf Of Peter
> McWilliams
> Sent:  Thursday, September 30, 1999 11:45 PM
> To:    LIST () mcwilliams com
> Subject:       The Feinstein-Hatch-Stalin Bill
>
>
> W I R E D   N E W S
> - - - - - - - - - -
>
> Reefer Madness Hits Congress
> by Declan McCullagh
>
> Hide that hookah. Chuck that chillum. Congress is in session, and weed Web
> sites are no longer safe.
> A proposed bill that bans Internet discussions of the use of unapproved
> drugs and links to such sites has not just normally mellow potheads but also
> journalist groups in a huff.
> "This is just legislators spinning their wheels," says Andrew, a San
> Francisco Web system administrator who says he enjoys a good bong hit three
> times a week.
> "It offends me that legislators have nothing better to do than grandstand
> since our society has real problems that have real solutions," says Andrew,
> who asked that his last name not be used.
> About a dozen senators have signed on to support the Methamphetamine
> Anti-Proliferation Act, but its primary leaders are Dianne Feinstein, a
> California Democrat and longtime Internet regulatory enthusiast, and Orrin
> Hatch, the arch-conservative Utah Republican who chairs the Senate Judiciary
> committee.
> If the measure becomes law, it will create a new federal felony- punishable
> by a fine and three years in prison-that covers Web pages that link to sites
> with information about where to buy "drug paraphernalia" such as roach
> clips, bowls, and bongs.
> Even editors of news organizations that publish articles about drug culture
> and link to related sites will be subject to arrest and prosecution.
> "It is going to be a tough thing for news organizations, but more
> importantly it strikes at the news consumer who wishes to test information
> provided by the media against their own experience," says Paul McMasters,
> First Amendment ombudsman at the Freedom Forum, a foundation devoted to
> freedom of the press. "Why would anyone want to keep people from finding the
> truth out for themselves or linking to facts?"
> "You would be liable," says Eugene Volokh, a law professor at UCLA. "It's a
> very serious problem for people who want to link for legitimate news
> purposes."
> Groups fighting for drug legalization are also upset about a second portion
> of the Hatch-Feinstein bill. It creates another felony, punishable by up to
> 10 years in the federal pen, banning distribution "by any means" of
> information about "the manufacture or use of a controlled substance" if the
> recipient might use it to get high.
> "It is yet another illustration of politicians trying to escalate a war they
> can't win," says David Boaz, vice president of the libertarian Cato
> Institute. "The dirty little secret that maybe nobody has told Dianne
> Feinstein is that it's not very hard to grow marijuana."
> "If you had links on your Web site to sites like High Times magazine, you
> could be threatened with a count of indirect advertising," said R. Keith
> Stroup, head of NORML.
> Banning linking is close to banning sales of all marijuana paraphernalia,
> says Dana Larsen, editor of the Vancouver-based Cannabis Culture magazine.
> "Preventing linking to sites selling drug paraphernalia cuts down on sales
> [of] these items. I think that the federal government is definitely afraid
> of the power of the Web to spread uncensored information that they can't
> control."
> But Larsen believes that even if Hatch and Feinstein get their way, their
> plan will disappear into smoke.
> "Ultimately, this law will be selectively enforced.... It is totally
> impossible to ban all linking to drug-related sites. The Web is too large,"
> Larsen says.
> The Church of Scientology-normally an ardent opponent of all illicit
> drugs-is, for once, not eager to embrace a measure designed to limit their
> use.
> "When you attempt to cut a communication line, you get big problems," says
> the group's San Francisco director, Jeff Quiros. "You can't block
> communication without getting upset and in a turmoil. Not talking about
> drugs, limiting the education to drugs, is to go in the opposite direction
> of understanding. People need understanding in order to  gain judgment."
> The Feinstein-Hatch collaboration is not unique. The two combined to push
> forth the "Dirty Pixels" law of 1996 that made it a felony to possess
> computer-generated images of naked children.
> Feinstein has tried with similar anti-drug online measures in the past. Last
> year she introduced a bill-that ultimately didn't go anywhere-designed to
> limit online drug paraphernalia sales.
> The Clinton administration said it has not taken a position on the plan.
> "We'll have to study it. We would have to look to see if it has already been
> passed," said Bob Weiner, acting public affairs director of the White House
> drug policy office.
> The Hatch-Feinstein bill amends an existing law that already criminalizes
> the sale of certain types of pipes, water pipes, carbs, cocaine spoons,
> chillums, bongs, and wired cigarette papers. Their proposal covers "the use
> of any communication facility to post, publicize, transmit, publish, link
> to, broadcast, or otherwise advertise" drug paraphernalia-related
> information in any way.
>
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>
> "When you come to the fork in the road, take it" - L.P. Berra
> "Be precise in the use of words and expect precision from others" - Pierre
> Abelard
> John F. McMullen
> johnmac () acm org ICQ: 4368412 Fax: (603) 288-8440
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