Decency Decreed and Decried
A new law, designed to clean up the Internet, could Story by
Story by Scott MacWilliams
Dan's biology lab didn't go well — broken glass and a bonehead teaching assistant. Needing to vent, he unloaded with an e-mail note to his girlfriend, Tina, back home in Chicago.
Dan used strong language, and his communication was intended only for Tina. Unfortunately for Dan, Tina is 17 years old and shares her e-mail with her 14-year-old sister.
Because of the new Communications Decency Act, Dan could spend two years in jail and be fined $100,000. The new law is aimed at those who "knowingly make, or make available, obscene, lewd, lascivious or indecent material" to minors on electronic networks. And Dan's e-mail letter, laced with profanity, counts.
send online users to jail for little more than using profanity in an e-mail message.
The Decency Act was part of the Telecommunications Competition and Deregulation Act of 1996. It sailed through Congress on Feb. 1 and was signed into law on Thursday.
What Law?
The act is intended to protect children from pornography on the internet, but critics said that the bill is so vague that it could be unenforceable. The American Civil Liberties Union believes the act is unconstitutional and already has filed a lawsuit.
The Computer Center is one campus site that could be affected by the new law. Students using e-mail accounts could be in legal jeopardy by the law.
Bryant, who edits KUFacts and the Jayhacker Newsletter, said that parents have obligations for what their children are exposed to. She said it is not the government's role to limit adult discussion for the protection of children. Bryant considers almost any censorship to be wrong.
"I would like to see our First Amendment rights protected," said Martha Bryant, managing editor of publications at Academic Computing Services. "We were talking about that the other day, and one of the parents who works here compared it to turning your children loose in downtown Chicago."
How is KU affected?
"As I understand the law, the responsibility lies with the person sending the message," said Wes Hubert, assistant director of Academic Computing Services. "But the part of the law that includes indecency is not defined legally, and I am waiting to hear from the University Counsel."
Victoria Thomas of KU General Counsel said on Friday that she still was waiting to see the final language of the bill.
"I'm sure it will be challenged," Thomas said. "The vague language makes it very difficult for service providers in the mean-
Computing Services' Statement:
Illustration by Melissa Dehner
This statement was released on KUFacts on Friday by Wes Hubert, assistant director of Academic Computing Services. KUFacts did not participate in the blackout of Web pages on Frid- day. In his release, Hubert explains why and KU's reaction to the new law.
"At least for now, our use of the Internet has not changed. Many, even among
that some provisions of the law are unconstitutional. If so, judicial review will address those problems. In the meantime, the law affects the Net only to the extent that it changes our use of the Net. The University of Kansas has not made any change to Our Internet services or policies as a result of the new law.
"Current policies already prohibit using e-mail, Web pages or other electronic communications to harass or threaten anyone, either at KU or elsewhere on the Internet. They also prohibit using University systems for any activity prohibited by state or federal law. However, free exchange of information is still encouraged."
time."
"I don't want anyone reading my e-mail."
KU students who use campus e-mail accounts also are upset about the new bill.
"I'm totally against it," said Kristin Zvirgzdins, St. Louis junior. "So many people use e-mail, especially college students. When I e-mail my boyfriend back home, I might swear if I'm mad.
Protests and precautions
Hundreds of World Wide Web locations on the Internet faded to black on Thursday and Friday in protest of President Clinton's signing of the new law.
"I think it is crazy what the government is trying to do," said Juan Cuadra-Sola, systems engineer at the Center of Excellence in Computer Aided Systems Engineering and vice president of Fast Lane Communications
"There are no borders on the Net."
To enforce the vaguely defined laws, critics contend, the government would be forced to take drastic measures. However, there are alternatives in the form of user controls. Software has been developed that will allow parents to block their children's access to Internet locations that contain sexually explicit materials.
Until test cases define the law, Internet users are at risk if they use simple profanity in what may be considered private e-mail.
UNIVERSITY DAILY KANSAN
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February 12,1996
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