EFFector Vol. 14, No. 13 June 29, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
IN THE 173rd ISSUE OF EFFECTOR (now with over 27,600 subscribers!):
* ACTION ALERT: So. Korean Government Adopts Mandatory Internet
Content Ratings
* Conviction of Scientology Critic Raises Free Speech Issue
* EFF Housewarming Party and BayFF at our New Location on Shotwell
Street - Tuesday, July 10th
* Help Working Assets Donate to EFF
* CHIPA: The Talk of the Librarian Conference
* EFF-Recommended Reading: Heins's Not in Front of the Children
* Thank you to EFF Volunteer Michael Mathews
* Pretrial Appeal of Anonymous Speech Victory Denied
For more information on EFF activities & alerts: http://www.eff.org
To join EFF or make an additional donation:
http://www.eff.org/support/
EFF is a member-supported non-profit. Please sign up as a member
today!
_________________________________________________________________
So. Korean Government Adopts Mandatory Internet Content Ratings
Immediate action needed!
Electronic Frontier Foundation ACTION ALERT
(Issued: June 29, 2001 / Deadline: July 1, 2001)
The Web version of this alert can be found at:
http://www.eff.org/alerts/20010629_eff_skorea_alert.html
Introduction:
South Korean nonprofit organizations, including the Collaboration
Action Group Against Information and Communication Censorship, have
called for worldwide protests over the enforcement starting July 1,
2001, of Internet content rating provisions of the Korean
Communications Decency Act (KCDA).
According to the Korean Progressive Network (JinboNet), the Korean
Ministry of Information and Communication (KMIC) slipped the provision
requiring Internet content rating of all websites into the KCDA in
April 2001, even though the content rating provisions were explicitly
removed in response to protests prior to the original passage of the
legislation last year.
The KCDA also apparently prohibits most forms of online protest
starting July 1, such as posting protest messages on Internet message
boards, sending many protest messages to one server (like the KMIC
server), and virtual sit-ins, also known as denial of service (DoS)
protests.
What YOU Can Do Now:
Prior to July 1, activists around the world, and hundreds of Korean
organizations, are taking the following actions:
* Online website strike: All protesting organizations will place an
agreed-upon webpage on their sites so it appears when visitors
first enter their site for about 72 hours from June 29 to July 1.
The web page will display information and links related to the
protest.
Display this image on your site:
http://freeonline.or.kr/english/images/toplogo.gif
with a link to the English-language protest page at either protest
site:
http://patcha.jinbo.net/
http://freeonline.or.kr/english/
Korean-language page available from: http://www.jinbo.net
* E-mail, fax, or phone protest messages to the Korean Government:
+ Cheong Wa Dae, e-mail webmaster@cwd.go.kr, tel. +82
2-730-5800
+ Korean Ministry of Information & Communication, e-mail
webmaster@mic.go.kr, message board
http://www.mic.go.kr/jsp/mic_z/mail_10_1.jsp?menu_code=
m101_001_1
tel. +82 2-750-2000 (general inquiries), +82 2-750-2114 (help
desk)
+ Information & Communication Ethics Committee, e-mail
webmaster@icec.or.kr, tel. +82 2-3415-0154, fax +82
2-3415-0199
* E-mail messages expressing support for the Korean opposition to
government-mandated Internet content rating systems to Jinbonet at
della@www.jinbo.net and patch@patch.jinbo.net
These Korean organizations have invited concerned international
organizations and individuals to take action in solidarity with the
Korean anti-censorship movement.
The Electronic Frontier Foundation is pleased to support JinboNet and
the other Korean organizations opposed to government-mandated Internet
content rating systems.
Blue Ribbon Campaign:
EFF's participation in the effort to oppose Internet censorship in
Korea is part of our larger campaign to highlight dangers to online
freedom of expression and press. Launched in 1995, the Blue Ribbon
Campaign for Online Free Speech remains one of the largest Net-based
grassroots political movements. For more infomration about the
campaign, including latest Internet free expression news, ways you can
help, and links to more resources, see: http://www.eff.org/br/
About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to websites in the world:
http://www.eff.org
Contact:
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415 436 9333 x111
Katina Bishop, EFF Offline Activist / Education Dir.
katina@eff.org
+1 415 436 9333 x101
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Conviction of Scientology Critic Raises Free Speech Issue
Electronic Frontier Foundation Concerned US Court Violated Free Speech Rights
Electronic Frontier Foundation Media Release
For Immediate Release: June 22, 2001
Contact:
Cindy Cohn, EFF Legal Director,
cindy@eff.org,
+1 415 436 9333 x108
San Francisco - The Electronic Frontier Foundation (EFF) today
expressed concern over a California court conviction of H. Keith
Henson in a case involving online criticism of the Church of
Scientology (CoS). In a decision which appears to have violated his
constitutional right to free speech, a jury in Riverside County
convicted Henson of threatening the free exercise of religion by
members of the CoS.
"We are deeply concerned that the decision violates Mr. Henson's free
speech rights," said EFF Legal Director Cindy Cohn. "Since he does not
appear to have made any credible threat of physical attack as required
for conviction under the U.S. Constitution, Mr. Henson has a legal
right to express criticisms online without fearing a prison term."
On April 26, 2001, Henson was convicted of threatening to interfere
with the CoS members' freedom to enjoy their constitutional right to
the free exercise of religion. Although official trial documents are
not yet available, the verdict seems based on Henson's activities
while picketing the CoS desert compound and postings on the Internet
alt.religion.scientology newsgroup. It appears that the postings
admitted into evidence included only fragments of longer postings or
threads taken out of context. For example, the defense was apparently
prohibited from showing that a comment about "cruise missiles" was
made in response to a joke about actor Tom Cruise. The trial judge
also allegedly forbid Henson from explaining why he was protesting
Scientology.
Henson was also accused of making and attempting to make terrorist
threats against the CoS, however the jury convicted only on a single
misdemeanor charge under a California "hate crime" statute. EFF is
concerned that the jury may have convicted Henson on this one charge
based on misinformation and mislabeling of evidence introduced at
trial.
The basic requirements for conviction under California Penal Code
section 422.6 are that "force or the threat of force" must be involved
and that "the speech itself threatened violence against a specific
person or group of persons and that the defendant had the apparent
ability to carry out the threat."
Neither of these requirements appear to have been met in Henson's
case. For instance, Henson's discussions apparently included
long-range missile systems in connection with the CoS desert compound.
Such statements seem inadequate to substantiate a reasonable fear that
he would actually launch or have the ability to launch a missile
attack against anyone.
Furthermore, a recent decision by the 9th Circuit Court of Appeals,
Planned Parenthood v. American Coalition of Life Activists, clarified
that strong advocacy is protected expression stating, "it doesn't
matter if the speech makes future violence more likely; advocating
'illegal action at some indefinite future time' is protected."
Following his conviction, Henson took refuge in Canada where, based on
information Scientology sent to authorities, he was arrested in a
shopping mall parking lot, by a heavily armed paramilitary unit.
However, Canadian officials later released Henson and accepted his
application for asylum.
In a May 30th phone interview with the Toronto Star newspaper,
Henson's wife said that he is being targeted by the CoS because he has
been working to expose the group as a crime syndicate for five years.
EFF Executive Director Shari Steele commented, "EFF is deeply
disturbed by these possible violations of Mr. Henson's constitutional
rights. This trial seems intended to punish Mr. Henson for his
opposition to a powerful organization, using the barest thread of
legal justification to do so. EFF joins Mr. Henson's American counsel
in urging the California Court of Appeals to set aside this verdict
and confirm Mr. Henson's right to protest publicly a group that he
opposes."
For more information on the Henson case, see:
http://freehenson.da.ru/
For the public alt.religion.scientology postings, see:
http://groups.google.com/groups?q=Henson&hl=en&safe=off&meta=site%3D
groups%26group%3Dalt.religion.scientology.*
Related media coverage:
http://www.laweekly.com/ink/01/31/news-holland.shtml
http://www.politechbot.com/cgi-bin/politech.cgi?name=henson
About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to websites in the world:
http://www.eff.org/
Special thanks to Kathleen Hunt for contributing to this media
release.
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EFF Housewarming Party and BayFF at our New Location on Shotwell Street -
Tuesday, July 10th
Come Celebrate Our 11th Anniversary, See Our New Home, Enjoy Live Music, and
Learn More About the Work We Do
WHAT: EFF's Housewarming "BayFF"
WHEN: Tuesday, July 10th, 2001 at 7:00 PM Pacific Time
WHERE: Electronic Frontier Foundation
454 Shotwell Street
San Francisco, CA 94110
This is a night to celebrate! July 10th is:
* EFF's eleventh birthday
* The one year anniversary of BayFF's exciting re-launch
* EFF's formal welcome of the public to our new home
This event is free and open to the general public. There will be
plenty of food, drink, music, live music, and good company, including
EFF co-founder John Perry Barlow.
The Electronic Frontier Foundation ( http://www.eff.org ) is the
leading civil liberties organization working to protect rights in the
digital world. For more information, please see EFF's website.
An RSVP is appreciated. Please contact: Katina Bishop - +1
415-436-9333 x101 - katina@eff.org
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Help Working Assets Donate to EFF
For those of you who are Working Assets Long Distance customers, you
may be getting a piece of mail this week that lets you designate a
nonprofit for Working Assets to send $25 to. It doesn't cost you
anything, ALL nonprofits are qualified, and EFF will get $25 for each
person who wrote in their info. Please spread the word!
All you have to do is:
1. Write in the following info on the short form sent by Working
Assets:
Group Name: Electronic Frontier Foundation
Contact Name: Katie Lucas
Phone: 415-436-9333 ext 104
Group Address: 454 Shotwell Street, San Francisco, CA 94110
2. Mail it in with your next bill payment. It has to be *received* by
JULY 15, 2001.
Thank you in advance from everyone at EFF!
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CHIPA: The Talk of the Librarian Conference
Expressing frustration with the inadequacy of Internet blocking
mechanisms, librarians swarmed four conference sessions focused on the
Children's Internet Protection Act (CHIPA or CIPA) at the American
Library Association (ALA) conference June 16-18 in San Francisco.
Traveling to the conference from the heartland, many librarians
clearly had CHIPA on their minds, which was not surprising given the
Federal Communications Commission (FCC) July 1, 2001, deadline for
"undertaking to comply" with CHIPA.
The CHIPA law, or more precisely a combination of the laws called
CHIPA and another called the Neighborhood Children's Internet
Protection Act (NCIPA), affects funds allocated through the Library
Services and Technology Act (LSTA), Title III of the Elementary and
Secondary Education Act, and the Universal Service discount program
known as E-Rate (Public Law 106-554).
Undertaking to Comply
According to Marc Seifert, Deputy Chief of the Common Carrier Bureau
of the FCC, and according to FCC rules, "undertaking to comply" may
refer to a variety of actions, such as educational efforts, attending
conferences, such as the ALA conference sessions about CHIPA, giving
notice for and holding public hearings on the issue, and not
necessarily purchase orders for Internet blocking devices. Seifert
confirmed that "participants in E-Rate have a one year grace period"
and that the law requires no library to actually install Internet
blocking software until July 1, 2002, for the FCC-administered E-Rate
program, and that libraries who "undertake to comply" prior to July 1,
2002, may later lawfully refuse to install Internet blocking software
and refuse to participate in the E-Rate program starting July 1, 2002.
Seifert mentioned one valid exception: libraries that have to operate
under state or local procurement laws that would prevent completion of
purchase of the technology protection measure by the program deadline.
At one session, an audience member wondered what would happen if the
state or local procurement law included requirements that any software
purchased be "effective", in which case no software could effectively
comply with CHIPA requirements to block obscene, child pornographic,
and for minors only, harmful to minors content, since none of the
products even certify to CHIPA compliance. Would such a procurement
policy provide a permanent exemption to CHIPA requirements? No clear
answer was forthcoming on this question.
Tom Sussman, an attorney from Ropes & Gray Law, explained in detail
what libraries need to do between now and October 28, 2001, to comply
with the law. He divided libraries into three classes: those that
receive E-Rate and LSTA funding, those that receive only LSTA funding,
and those that receive neither E-Rate nor LSTA funding. The E-Rate and
LSTA funding pertinent to CHIPA consists of grants and discounts on
Internet services and related equipment.
The law requires the first class of libraries to an Internet safety
policy developed pursuant to a public hearing. The policy has to
address a list of things required by the statute, such as access by
minors to inappropriate matter on the Internet, safety and security
when minors use e-mail, chat, and other Internet services,
unauthorized access by minors, unauthorized disclosure of personal
identification information of minors, and measures designed to
restrict access of minors to harmful materials. In addition, libraries
must implement and enforce a "technology protection" measure,
ostensibly Internet blocking software, and to certify to the FCC that
the policy is in place.
Libraries participating only in the LSTA program need not certify with
the FCC or install blocking software. These libraries are required
only to create an Internet safety policy based on public hearings.
Sussman also opined, "They [Congress] passed a law that was badly
written, not well-considered and motivated by an election year, and it
stinks. That's my considered legal opinion. It's a long-standing
tenant of interpretation is that Congress is presumed to be rational."
The Antidote to Excess Access
One session focused on librarian response to criticisms of library
policies opposing Internet blocking. Participants viewed a video
called "Excess Access" prepared by the American Family Association
(AFA), which portrayed a balding middle-aged man viewing what appeared
to be heterosexual pornography on a library Internet terminal, then
apparently molesting a teenage boy in the library's restroom.
Footage of Jonathan Katz' "Gay American History" was shown as the kind
of book that libraries should not permit in their collections.
The film criticized the ALA's Library Bill of Rights and portrayed a
parent complaining to a librarian, who said that her hands were tied
due to the ALA's policies, implying that library policies are dictated
by the national organization, rather than by a local library board.
Following the film, Pat Schuman, President Elect of the ALA,
facilitated a roleplay session for librarians to practice handling the
tough questions they receive from the right-wing religious and
political extremists about library policies and practices related to
Internet use. Some bemoaned the harassment activities that take place
among a very small minority of library patrons, but reported that the
Internet seems to have had little effect on frequency of such
activity, which has apparently has occurred as long as libraries have
been around.
David Burt, Market Researcher for Internet blocking software company
N2H2, was featured in "Excess Access", which is available from the
American Family Association website or by calling +1 662-844-5036.
Some librarians commented that they are using the video as an
educational tool about the threats to library autonomy and freedom
to read.
Librarians on the Front Lines
Librarians who attended any of the ALA CHIPA sessions received a
certificate of attendance which could be used as part of CHIPA
compliance certification.
The librarians are really on the front lines of the struggle over
Internet censorship in libraries, so it was heartening to see the
support they gave each other in handling a difficult issue.
Judith Krug, Director of the ALA's Office of Intellectual Freedom,
commented that "libraries are one of the most popular, if not the most
popular institution in the community." She announced that the ALA has
raised over $600,000 toward the $1.3 to $1.5 million ALA plans to
raise for the CHIPA legal challenge.
Daniel Mach, member of ALA's Jenner & Block legal team, provided
information at the conference sessions about the legal challenges to
CHIPA filed by the ALA, the ACLU, and other organizations like EFF, on
March 20, 2001. A special three-judge district court in Philadelphia
will hear the challenges with any appeals going directly to the
Supreme Court, as provided by the legislation.
Latebreaking News
After the ALA conference ended, EFF learned that the legal challenges
against CHIPA filed by the American Library Association and the
American Civil Liberties Union, along with help from EFF and other
organizations, are scheduled to go to trial on February 14, 2002,
under the name ALA v. United States.
Please see the Newsbytes article below for more information:
http://www.newsbytes.com/news/01/167368.html
Background
For more information on the CHIPA legal challenge:
http://www.eff.org/Legal/Cases/ALA_v_US/
For the American Library Association resources on CHIPA:
http://www.ala.org/cipa/
For more information on opposing online censorship:
http://www.eff.org/br/
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EFF-Recommended Reading: Heins's Not in Front of the Children
The latest book from Marjorie Heins, entitled Not in Front of the
Children: "Indecency," Censorship, and the Innocence of Youth (ISBN:
0-374-17545-4), is an indispensible resource for EFF members or anyone
concerned about issues of censorship, obscenity, and harmful to minors
content in any era. Heins, who currently works on the Free Expression
Policy Project at the National Coalition Against Censorship, traces
with insight historical trends and their relevance to today's
struggles over censorship on behalf of children.
From Huckleberry Finn to Harry Potter, from Internet blocking /
censorware to the V-chip, censorship exercised on behalf of children
and adolescents is often based on the assumption that they must be
protected from "indecent" information that might harm their
development -- whether in art, in literature, or on a website. But
where does this assumption come from, and is it true?
In Not in Front of the Children, Marjorie Heins explores the
fascinating history of "indecency" laws and other restrictions aimed
at protecting youth. From Plato's argument for rigid censorship,
through Victorian laws aimed at repressing libidinous thoughts, to
contemporary battles over sex education in public schools and violence
in the media, Heins guides us through what became, and remains, an
ideological minefield. With examples drawn from around the globe, she
suggests that the "harm to minors" argument rests on shaky
foundations.
There is an urgent need for informed, dispassionate debate about the
perceived conflict between the free-expression rights of young people
and the widespread urge to shield them from expression that is
considered harmful. Not in Front of the Children will spur this
long-needed conversation.
For an excerpt from the book, see: http://www.eff.org/Censorship/
200105_heins_book_excerpt.html
Prior to working at NCAC, Marjorie Heins served as an attorney at the
American Civil Liberties Union. She is also the author of Sex, Sin,
and Blasphemy: A Guide to America's Censorship Wars.
[end]
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Thank you to EFF Volunteer Michael Mathews
The Electronic Frontier Foundation would like to thank Michael Mathews
for his software dontation to us. Michael wrote a great little utility
called Quickmirror that we use to back up important directories on our
Windows computers to our Linux server running Samba. It works great
and we really appreciate it. Thank you Michael.
Website: http://quickmirror.netfirms.com/
Author name: Michael Mathews
Author e-mail address: quickmirror@hotmail.com
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Pretrial Appeal of Anonymous Speech Victory Denied
EFF won another victory in our fight to protect anonymous Internet
speech last week when the Ninth Circuit denied 2TheMart's petition to
take an interlocutory (pretrial) appeal of a lower court decision
quashing a subpoena requesting the identity of posters on an Internet
message board. This means that the district court's opinion protecting
the anonymous posters against disclosure of their identity stands.
The decision was the first in the country to address the standard for
compliance with a subpoena where the "J. Doe" (who used the pseudonym
NoGuano) was not a party to the case, and no allegations of liability
against Doe had been made. The court held that the identities would
not be turned over unless (1) the subpoena was issued in good faith
and not for any improper purpose; (2) the information sought relates
to a core claim or defense; (3)the identifying information is directly
and materially relevant to that core or defense; and (4) information
sufficient to establish or disprove that claim or defense is
unavailable from any other source.
More information on the case can be found at:
http://www.eff.org/Legal/Cases/2TheMart_case/
The cite for the case is: John Doe v. 2themart.com Inc., 140 F. Supp.
2d 1088, 1092 n.2 (W.D. Wash 2001)
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Administrivia
EFFector is published by:
The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org
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