FC: Reply to COPA Commission spinning over Internet filtering

[Declan McCullagh <declan () well com>]

*********

Date: Fri, 20 Oct 2000 16:17:27 -0400
To: schampion () warren-news com
From: Alan Davidson <abd () cdt org>
Subject: Re: FC: COPA Commission spinning over Internet filtering
Cc: declan () well com

Sasha,

I'm sorry if you felt that you were being "spun" on the COPA Commission
report. But as an active participant in the Commission process, I strongly 
believe that the mandatory filtering provisions being considered by 
Congress are at odds with the COPA Commission report.

The COPA Commission specifically decided against offering legislative 
recommendations because there was no consensus favoring ANY legislative 
proposals, including federally mandatory filtering.

Legislative remedies were within the Commission's purview, as per the COPA 
statute: "(f) Report.--Not later than 2 years after the enactment of this 
Act [Oct. 21, 1998], the Commission shall submit a report to the Congress 
containing the results of the study under this section, which shall 
include-- ...
(3) recommendations for legislative or administrative actions to implement 
the conclusions of the committee"

Various proposals for federal legislation were in fact on the table since 
the first briefings of the Commission, were among the proposed 
recommendations put forward by various commissioners, and were debated by 
the Commission in the course of its deliberations.

The Commission did not in the end endorse any of these proposals. And the 
Commission noted that filtering "raises First Amendment concerns because of 
its potential to be over-inclusive in blocking content. Concerns are 
increased because the extent of blocking is often unclear and not 
disclosed. "  These concerns were a key reason why there was no consensus 
for filtering mandates among the Commissioners. Instead the Commission put 
forward a comprehensive set of recommendations based on informing and 
empowering users and enforcing existing laws.

CDT believes these recommendations provide a more effective alternative to 
a federal filtering mandate that removes local control, creates free speech 
concerns, and will certainly end up in the courts, doing little for 
children. We're not alone. Our web site at 
<http://www.cdt.org>http://www.cdt.org has letters from conservative 
groups, civil libertarians, industry association, and education groups, all 
opposing the filtering mandate in favor of a more effective approach.

---------

Finally: Journalist, heal thyself! I've spent hours over the last few days 
talking to reporters about the recommendations and plan put forward in this 
Commission report, a plan with specific proposals that could actually do 
something for kids online. But most reporters just covered the debate over 
the filtering bill. There's plenty of substance in this report left to 
cover for those who want to.

Sasha, everyone at CDT has great respect for your coverage. I look forward 
to continuing the conversation with you, spin or otherwise.

Sincerely,

Alan

Alan Davidson, Staff Counsel                 202.637.9800 (v)
Center for Democracy and Technology          202.637.0968 (f)
1634 Eye St. NW, Suite 1100                  <abd () cdt org>
Washington, DC 
20006                         <http://www.cdt.org>http://www.cdt.org



Links:

* The Commission Report: I'd really suggest that people decide for 
themselves by reading the whole Commission report - 
<http://www.copacommission.org/report/>http://www.copacommission.org/report/

* Letter from Industry and Public Interest Groups -
   <http://www.cdt.org/speech/filtering/000928cdt.shtml>http://www.cdt.org/speech/filtering/000928cdt.shtml 


*Letter from Education Organizations:
   <http://www.cdt.org/speech/filtering/000831educational.shtml>http://www.cdt.org/speech/filtering/000831educational.shtml 


*Letter from Free Congress Foundation and Conservative Groups:
   <http://www.cdt.org/speech/filtering/001011fcf.shtml>http://www.cdt.org/speech/filtering/001011fcf.shtml 


*Letter from ACLU
   <http://www.cdt.org/speech/filtering/001002analysis.shtml>http://www.cdt.org/speech/filtering/001002analysis.shtml 





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