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The Internet: US Congress to consider Web filtering in schools
and libraries
By Mike Ingram
23 October 2000
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Support is said to be growing within the US Congress for a
bill requiring schools and libraries with Internet access to install
software to lock out sites deemed to contain pornographic, obscene
or other material considered harmful to minors. If passed the
bill would require schools and libraries that receive funding
under the E-rate program, which provides subsidies for Internet
connection, to install filtering software or lose financial support.
The bill, moved by four Republicans, is expected to be approved
in the next few days despite a ruling by a Congress-appointed
commission that it should not.
Congress created the Child Online Protection Act Commission
(COPAC) in 1998 as part of the Internet Pornography Bill. COPAC
issued a report October 20 opposing mandatory filtering and proposing
renewed efforts in educating parents about the problem and enforcing
existing obscenity laws instead.
Donald Telage, Commission chairman and executive of Network
Solutions, the Web address registrar, said COPAC had unanimously
rejected mandatory filtering. Telage told Reuters news agency
that the 18 protective tools evaluated by the Commission, including
filters used by both Internet Service Providers and end users,
all had "pros and cons" in terms of First Amendment
values.
Alan Davidson from the Center for Democracy and Technology
(CDT), which took part in the commission's work, went further.
"For Congress to be charging ahead even before it sees the
report of the commission it created calls into question whether
this legislation is really about protecting kids effectively,"
Davidson said.
Popular concern over pornography on the Internet has repeatedly
been used to propose laws that, if enacted, would provide the
basis for the widespread censorship. In 1997, the Supreme Court
ruled as unconstitutional the indecency provisions of the Communications
Decency Act of 1996. Legislation contained within COPA has also
been blocked by federal courts on constitutional grounds and remains
tied up in legislation.
The latest attempt to impose censorship has been opposed by
a broad range of organisations, including the American Civil Liberties
Union. Technology companies have also opposed the fact that the
bill would require the purchase of a particular technology across
all schools and libraries receiving E-rate funding.
Manufacturers of Web filtering software do not publish information
about which sites they block, nor how they decide which sites
to block. The proposed bill would open up the possibility of wide-ranging
political censorship. A Web site promoting views critical of the
political establishment could be effectively shut down for millions
of people, adult and children alike, who rely on public access
to the Internet.
Even if one accepts the supposed target of the new legislationsites
deemed to be pornographic, obscene or harmful to minorsthere
are still questions of democratic rights to consider. Not least
is who is to determine what is appropriate?
An idea of the dangers posed by content filtering on the Internet
can be gained from an example of what is considered "inappropriate"
for children in some quarters. J.K. Rowling's popular series of
Harry Potter children's books hit number one on the American
Library Association's list of books most commonly challenged in
school districts and public libraries in the US. In 1999 there
were 26 challenges to remove Harry Potter mounted in 16
states. Fundamentalist Christians claim the series is subversive,
because they say its focus on wizardry and magic is incompatible
with Christian beliefs.
The White House has so far taken a cautious approach to the
proposed legislation. Spokesman Elliot Diringer said that the
"administration strongly supports efforts to ensure that
schools and libraries protect minor from inappropriate materials,"
but, he continued, "we do not believe that the federal government
should mandate a particular type of technology, particularly since
the technology is evolving so quickly." Both presidential
candidates, GW Bush and Al Gore, have indicated support for the
legislation, which is unlikely to be implemented before a new
administration takes over the White House. Whatever Congress decides,
the new laws will certainly face legal challenges in the courts.
See Also:
The
Internet: US court challenges online anonymity
[8 October 2000]
The
Internet
[WSWS Full Coverage]
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