Michael Mirmak
Uncle Sam Stay Out of my Homepage
I want to explain why we're here and what we hope to accomplish. Although I cannot speak for the specific motives of everyone here, I know that we share the same goal in standing before you today. Last Thursday, President Clinton signed the Telecommunications Act of 1996 into law. Most of the Act dealt with competition in the telecommunications industry; but it also included a provision, the Communications Decency Act (CDA), which regulates speech over online communications services, including the Internet and World Wide Web. The CDA was intended to protect minors from objectionable materials available through these services. Regardless of its intent, the CDA is an unconstitutional assault on our civil liberties. The CDA subjects to fines and imprisonment, anyone who (I quote) "by means of a telecommunications device knowingly intitiates the transmission of any comment, request, suggestion, proposal, image, or other communication which is obscene or indecent knowing that the recipient of the communication is under 18 years of age." The CDA applies the indecency standard -- which has never been clearly accepted or defined by the Supreme Court -- to Internet communications. This vague standard threatens to criminalize broad classes of speech that are understood to be protected by the First Amendment, including material that has serious scientific, literary, artistic, political, and cultural value. The uncertainty of the act's scope creates a chilling effect, potentially threatening such uses of the Internet as Penn's own Rape Counseling and Health Services online information, online literary analysis of controversial works, and private communications between adults. We are here to say no to the CDA's unconstitutional assault on our First Amendment freedoms, in speech and in deed (through the wearing of these free-speech ribbons) -- we urge the CDA's immediate repeal. Today marks the 50th anniversary of the birth of the computer age -- the public demonstration of ENIAC, the first large-scale electronic computer, a single block from here. Vice-President Gore is speaking here today to commemorate the event in a few minutes. We think its a shame that the Administration chose to mark such an important milestone in technology with such a blatant disregard for the rights of that same technology's users. Mr. Gore has been known for his leadership on technological issues, indeed he is the administration's foremost spokesman on the "information superhighway". As such, his silence on this issue has been deafening. We urge him to join us in calling for the immediate repeal of the Communications Decency Act. Many of us here would disagree on just what an ideal replacement for the CDA would be. Striking a balance between protecting children and protecting the rights of everyone is a difficult task, defying easy solutions. One thing is clear to us -- a vague, overly broad and unconstitutional law like the CDA is the wrong approach, and should be taken off the books. This is where you can help. Nearly two dozen organizations, including the ACLU, the Electronic Frontier Foundation, and the Center for Democracy and Technology, have filed suit here in Philadelphia to stop the enforcement of the CDA. We urge everyone listening to contact them and lend your support. We also urge everyone to contact your elected representatives; tell them that further public debate must take place before any new laws regarding online speech are made. We should protect children, but we must also protect the freedoms those children should enjoy.
