================================================================= ALAWON Volume 6, Number 102 ISSN 1069-7799 November 20, 1997 American Library Association Washington Office Newsline In this issue: (101 lines) COMMUNICATIONS DECENCY ACT SUCCESSOR INTRODUCED _________________________________________________________________ COMMUNICATIONS DECENCY ACT SUCCESSOR INTRODUCED At the end of the first session of the 105th Congress, Sen. Dan Coats (R-IN) introduced legislation to prohibit commercial distribution on the World Wide Web of material that is "harmful to minors" under the age of 17. S. 1482, introduced on November 8, is intended, according to its sponsor, to reflect the parameters laid out by the Supreme Court in its decision on the Communications Decency Act. The "harmful to minors" definition in the bill includes material that "taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion; depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sex acts, or a lewd exhibition of the genitals; and lacks serious literary, artistic, political, or scientific value." The bill would provide a defense to any prosecution that the defendant restricted access by requiring a credit card, adult access code or ID number. Although the legislation addresses only commercial activity on the Web, ALA is mentioned several times in Sen. Coats' remarks, including the following in the Congressional Record (November 8, p. S12147): And what about blocking software? Mr. President, let me begin by pointing out the amazing level of deceit that proponents of this solution are willing to go to. The American Library Association, a principal opponent of the CDA, lined up with plaintiffs in challenging the Constitutionality of the Act. It was a central argument of the Library Association and their cohorts, that blocking software presented a non-governmental solution to the problem. However, Mr. President, if one logs onto the American Library Association Web site one finds quite a surprise.Contained on the site is a resolution, adopted by the ALA Council on July 2, 1997, that resolves: "That the American Library Association affirms that the use of filtering software by libraries to block access . . . violates the Library Bill of Rights." Mr. President, I ask unanimous consent that this Resolution be inserted into the Record. So, here we find the true agenda of the American Library Association. They represent to the Court that everything is O.K., that all we need is blocking software. Then, they turn around and implement a policy that says no-way. The words Sen. Coats left out (indicated by the . . .) in his reference to the ALA resolution were: "to constitutionally protected speech." However, the full text of ALA's July 2 Resolution on the Use of Filtering Software in Libraries (www.ala.org/alaorg/oif/filt_res.html) was appended to his remarks. Although no action was taken on this bill before the first session adjourned, S. 1482 will carry over to the second session beginning January 1998. The issue can be expected to generate considerable attention in an election year. TO LOCATE SEN. COATS' BILL AND INTRODUCTORY REMARKS: -Sen. Coats' bill can be found through Thomas at thomas.loc.gov. One method is to use the QUICK SEARCH TEXT OF BILLS 105th CONGRESS: Search by Bill Number: S. 1482. A free copy will be mailed upon request from the Senate Document Room, phone 202/224-7860, specify bill S. 1482. -Sen. Coats' introductory remarks are in the Congressional Record (November 8, pp. S12146-54). The remarks are also available online through Thomas and GPO Access (one interface is GPO Gate at the University of California at www.gpo.ucop.edu/search/crfld.html). However, Coats' remarks are currently grouped electronically with remarks on "Northern Ireland/Border Counties Free Trade, Development and Security Act" and therefore seem mislabeled. _________________________________________________________________ ALAWON is a free, irregular publication of the American Library Association Washington Office. To subscribe, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc @ala.org. To unsubscribe, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/ washoff/alawon. Visit our Web site at http://www.alawash.org. ALA Washington Office 202.628.8410 (V) 1301 Pennsylvania Ave., NW, #403 202.628.8419 (F) Washington, DC 20004-1701 800.941.8478 (V) Lynne E. Bradley, Editor Deirdre Herman, Managing Editor Contributors: Carol C. Henderson All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. =================================================================