Sender: Robert Cannon <•••@••.•••> Subject: cr> FCC and CDA: Rule Making Henry Huang, Cyber Rights, Craig Johnson, Audrie Krause: I don't have time right now to read what you wrote (in response to my questions about CDA defenses). I just scanned it. My wife and I are scheduled to give birth tomorrow. But thanks! As always, it looks insightful. Did you see that I was wrong about the FCC? See http://www.cais.net/cannon/noi.html The FCC will issue a notice of inquiry to promulgate rules implementing the CDA. This NOI will appear this fall. A NOI means that the FCC is clueless and cannot even venture a guess (in the form of a proposed rule). We have the right to submit comments as a part of an expedited administrative process. The FCC *must* respond to all comments and give a "rational basis" for accepting or rejecting all comments. I have been in discussions with an associate of mine, Mr. Henry Crawford, an experienced FCC attorney here in Washington. We believe that it would be prudent and cost effective to make a coalition of different groups in order to file a comment on the implementation of the CDA. If each member of the coalition were to share a part of the cost, this would not cost too much. Henry and I can lead up preparing a legal brief for submission presenting our views. It will be necessary to follow the FCC proceedings closely to ensure that we have a timely submission and of course we want to prepare a compelling presentation. If we start organizing such a coalition now, we can make sure we have an impact this fall. Would CPSR, Cyber-Rights be interested in forming a such a coalition and using Henry Crawford and myself to prepare and file the comment? -Robert Cannon ************************************************************ Robert Cannon, Esq. | || Leashes! Online and Interactive | @@==+ We Dont Need No Telecommunications Law | ====== Stinkin' Leashes! Washington, D.C. | || || -Pancho Villa http://www.cais.net/cannon ************************************************************ @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ Sender: •••@••.••• Subject: AOL's view on the CDA<Long> Here's the spin that AOL is putting on the whole CDA. Hope it provides as much entertainment to y'all as it did to me. The depth and breadth of hypocrasy scares me. VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV I'd like to talk this month about an issue at the forefront of our business and the American political scene. The issue is how we can work together to ensure that this medium serves to enhance the lives of our children, and all individuals, as this interactive world takes shape and begins to move toward the mass market. While most of the recent debate has centered on how to restrict access and inappropriate content, we feel it is equally important to focus on and invest in new opportunities that will open up access to new and exciting services and content that can enrich our children's lives. We have many initiatives underway toward this end. In previous months, I've told you about our efforts with other online and Internet service companies to promote the use of technologies and tools to empower parents to help select appropriate content for their children. We feel that voluntary, proactive measures and others under development can accomplish successful results without compromising a parent's privacy and the right of free speech. Last month, Congress passed -- with the President's signature -- The Telecommunications Reform Act. While the Act in general is good because it promotes competition in a way that will help this medium flourish, there is a section called the Communications Decency Act (CDA) which seeks to give the government control over the content of the Internet. The passage of the CDA comes at a critical time for America Online and this industry. We realize the responsibilities and challenges that come with being the largest online service and Internet Service Provider in the world, and therefore would like to take this opportunity to not only address what we consider to be a poorly defined section of the law, but to offer solutions that we and others in the industry can provide in order to make this type of legislation unnecessary. The intent to regulate what has become one of the most ubiquitous means of gathering and dispersing information and communication on a global scale is a daunting proposition. These are complex issues which must be approached with great sensitivity and careful consideration as this industry looks to balance the interests of many diverse communities across the world. At AOL, we are aware that the Internet contains content, goods, and services that many people may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for minors. As much as anyone else, we wish to keep this kind of material away from the eyes of those who may be offended and out the reach of children. However, we don't feel that Internet Service Providers nor the U.S. Government has the means nor the capability to monitor, or review, or restrict all of the content, goods or services made available on the Internet, nor to edit or remove all the questionable Content after it has been posted on the Internet. To this end, we and others in the industry provide the tools for people to educate and empower themselves with the ability to block out material they deem offensive. The three major online services provide parental controls that limit and protect where members are allowed to go within the online service and on the Internet. For example, on AOL, parents can now block all but 'Kids Only', the area of the service with content targeted and programmed specifically for kids. AOL also empowers parents to restrict content from Newsgroups on the Internet, and we will be expanding parental controls to allow parents to block more software libraries on AOL and the Internet; World Wide Web sites; e-mail from AOL and the Internet as well as reading attached e-mail files; and message boards. To activate our Parental Controls, go to keyword PARENTAL CONTROLS. AOL is also active in a wide-ranging group of publishers, telecommunications companies, Internet and online service providers and software firms to develop an easy to use labeling and selection platform called PICS, which empowers people worldwide to selectively control online content they receive. PICS stands for Platform for Internet Content Selection, and is expected to be available royalty-free later this year. This effort merges the activities of The World Wide Web Consortium and the Information Highway Parent Empowerment Group. We appreciate and respect the U.S. Government's concerns about what is available on the Internet. We feel, however, that this legislation, because of its vague wording, broadly restricts the freedom of speech guaranteed in the Bill of Rights. It is for this reason that AOL, along with 22 other organizations and corporations, last week filed a complaint against the United States government, challenging the CDA on the basis of the First Amendment. The plaintiffs include the other major online service companies as well as organizations like the American Library Association, the American Society of Newspaper Publishers and companies such as Apple Computer. What's key to our complaint is this: We're not challenging the government's ability to prosecute communication that is currently prohibited nor its regulation of non-protected speech. But the law is so vague that, in our opinion, could restrict educational information on public health, art, and literature. We believe there is a better way to arrive at the end goal of protecting our children through empowering parents to determine what is appropriate. Our focus is not only on providing these tools to protect our children but also on enhancing their online experience through new efforts we have undertaken and services we offer on AOL. In our highlights section below, I list some of the many great areas within our Kids Only channel and other family-oriented offerings that I encourage you to explore with your child. Through educational and entertaining content, your children will enjoy being online. As a final note, in keeping with our commitment to enrich the lives of our children, I want to make you aware of a public service effort we're undertaking. Those of you in California might be aware of the initiative by private industry and by the President and Vice President to place more computers in schools. President Clinton has called for the installation of computers in every classroom by the year 2000. As part of this huge effort to bring schoolchildren onto the information superhighway, we're co-sponsoring a statewide campaign called NetDay96 to provide 2,000 schools in the state with free AOL service for one year. Our target day -- NetDay -- is Saturday, March 9. This program can introduce school children to the richness of the online world -- children who may otherwise would not have had this opportunity. If you live in California, you can participate in NetDay on a local level by contacting your school and volunteering with others to help organize the school's educational and fund-raising efforts as well as installing and testing your school's new wiring infrastructure (typically five classrooms and the library.) Help us show the AOL's community's support for NetDay96 by contacting your school. For more details, go to the NetDay96 home page by using the keyword: http://www.netday96.com. California schools can also request to be part of the initiative by e-mailing details about their school to •••@••.•••. We certainly hope this initiative expands to the rest of the country over time, and we'll be sure to involve as many of our members as possible in getting schools online as we learn of those opportunities. Thanks for reading. Warm regards, Steve Case ~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~ Posted by Andrew Oram - •••@••.••• - Moderator: CYBER-RIGHTS (CPSR) Cyber-Rights: http://www.cpsr.org/cpsr/nii/cyber-rights/ ftp://www.cpsr.org/cpsr/nii/cyber-rights/Library/ CyberJournal: (WWW or FTP) --> ftp://ftp.iol.ie/users/rkmoore Materials may be reposted in their _entirety_ for non-commercial use. ~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~
