As most of you know by now, congress has approved the bill known as "The Communications Decency Act of 1995", and it is likely that the president will sign it into law. There has been alot of discussion and worry about this bill, but I have read it and here it is in a nutshell. Basically, it clarifies that the laws that have always applied to pornography (distribution of printed material and moving images) do also apply to (in effect) the Internet and cable companies. Its main points are that adult material may not be made available to anyone under 18, and may not be used for purposes of harassment. Everything else you’ve heard about it from the religious-wrong is just that - WRONG! It will not shut down ANY newsgroups, nor will it hold providers responsible for the content of users’ homepages. The closest it comes is that providers ARE ALLOWED to restrict access to certain material; not REQUIRED to do so. For those of you who want a little more info, here’s the "Cliff’s Notes" version, section by section: [502.a.1.A] You may not knowingly send any unwanted (pornographic) comment or image to anyone with the intent to "annoy, abuse, threaten, or harass". [[502.a.1.B] You may not knowingly send, or make available, any (pornographic) comment or image to anyone under 18. [502.a.1.C] You may not call another person’s telephone or modem, whether or not there’s a conversation or transmission, without disclosing your identity, with the intent to "annoy, abuse, threaten, or harass". [502.a.1.D] You may not repeatedly or continuously make another person’s phone ring, with the intent to harass. [502.a.1.E] You may not repeatedly initiate a conversation or transmission over a phone line, "solely to harass" another person. [502.a.2] You may not allow anyone else to use your telephone or modem to violate the above prohibitions. (All of the above will get you a fine, two years in prison, or both.) (The next two sections seem to reiterate section [502.1.a.1.B] above.) [502.d.1.A] You may not knowingly (use the Internet to) send any (pornographic) comment or image to anyone under 18. [502.d.1.B] You may not knowingly (use the Internet to) display any (pornographic) comment or image to anyone under 18. [502.d.2] You may not knowingly allow a "telecommunications facility" under your control to be used to violate the previous two prohibitions. [502.e.1] You "shall not be held to have violated" sections [502.a.*] or [502.d.*] simply for providing access to a "facility, system, or network" not under your control, even if the material in question is temporarily stored on your system in order to provide the access. [502.e.2] Section [502.e.1] does not apply to anyone who is directly or instrumentally in violation of sections [502.a.*] or [502.d.*]. [502.e.3] Section [502.e.1] does not apply to anyone who owns or controls a "facility, system, or network" which is in violation of sections [502.a.*] or [502.d.*]. [502.e.4] No employer "shall be held liable" for an employee’s violation of sections [502.a.*] or [502.d.*], unless that activity is part of the employees job. [502.e.5.A] "It is a defense to a prosecution under ( sections [502.a.*] or [502.d.*] ) that a person" has made an effort to prevent anyone under 18 from viewing any (pornographic) comment or image. [502.e.5.B] "It is a defense to a prosecution under ( sections [502.a.*] or [502.d.*] ) that a person" has made an effort to restrict access to any (pornographic) comment or image by requiring a password. [502.e.6] The government "may describe measures which are … appropriate" to restrict access to any (pornographic) comment or image to anyone under 18 (parental control software), though they have no authority to require such measures or prosecute anyone for not taking such measures, but having done so "shall be admitted as evidence of good faith efforts … in any action arising under subsection (d)". [502.f.1] "No cause of action may be brought" against anyone who is not in violation of other laws and has taken measures described in sections [502.e.5.A] or [502.e.5.B]. [502.f.2] No "commercial entities, nonprofit libraries, or institutions of higher education" shall held liable "in connection with an activity or action" described in sections [502.a.2.*] or [502.d.*]. [502.g] Nothing in this law shall affect or limit any other law. [502.h.1.A] "The use of the term ‘telecommunications device’ in this section" shall not "impose new obligations" on broadcasting stations or cable operators covered by provisions elsewhere in this act. [502.h.1.B] "The use of the term ‘telecommunications device’ in this section" does not include Internet access providers. [502.h.2] The term "interactive computer service" has the meaning provided in section [230.f.2]. [502.h.3] Defines the term "access software". [502.h.3] Defines the term "institution of higher education". [502.h.3] Defines the term "library". [503] Minor change to section [639]. [504] Adds section [640]; [640.a] Cable companies must scramble subscription channels so that non-subscribers do not receive them. [640.b] Defines the term "scramble". [505.a] Adds sections [641] and [606]; [641.a] Cable companies must scramble sexually explicit channels so that non-subscribers do not receive them. [641.b] Until cable companies comply with section [641.a], they must limit access of children to sexually explicit channels by not providing them "during the hours of the day … when a significant number of children are likely to view it". [641.c] Defines the term "scramble". [641.d] "The amendment made by" section [641.a] "shall take effect 30 days after the date of the enactment of this act". [606.a] A cable company "may refuse to transmit any public access program or portion of public access program which contains obscenity, indecency, or nudity". [606.b] A cable company "may refuse to transmit any leased access program or portion of leased access program which contains obscenity, indecency, or nudity". [507] Makes minor clarification changes to existing laws. [508] Makes minor amendments to laws concerning "coercion and enticement of minors". (The next sections are my favorites, and therefore I will quote the entire sections.) [509] Adds section [230]. [230.a.1] "Congress finds: The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens." [230.a.2] "Congress finds: These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops." [230.a.3] "Congress finds: The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity." [230.a.4] "Congress finds: The Internet and other interactive computer services have flourished, to the benefit of all Americans. with a minimum of government regulation." {That’s my favorite of all.) [230.a.5] "Congress finds: Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services." [230.b.1] "It is the policy of the United States to promote the continued development of the Internet and other interactive computer services and other interactive media." [230.b.2] "It is the policy of the United States to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation." [230.b.3] "It is the policy of the United States to encourage the development of technologies which maximize user control over what in formation is received by individuals, families, and schools who use the Internet and other interactive computer services." [230.b.4] "It is the policy of the United States to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material." [230.b.5] "It is the policy of the United States to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by- means of computer." [230.c.1] An Internet access provider shall not "be treated as the publisher or speaker" of any (pornographic) comment or image initiated by a user. [230.c.2.A] "No provider or user of an interactive computer service shall be held liable on account of" measures taken to restrict access to any (pornographic) comment or image, whether or not it is "constitutionally protected". [230.c.2.B] "No provider or user of an interactive computer service shall be held liable on account of" measures taken to enable or make available to users the means to restrict such access. [230.d] States that this law has no effect on any other law. (What happened to [230.e]?) [230.f.1] Defines the term "Internet". [230.f.2] Defines the term "interactive computer service". [230.f.3] Defines the term "information content provider" as the creator of any information or image that is then transmitted over the Internet. [230.f.1] Defines the term "access software provider". For the full text of the bill, check out http://www.eff.org