Hi everyone.
The National Telecommunications and Information 
Administration (NTIA), the executive branch agency that 
develops telecom policies, is doing a study on how 
telecommunications affect crimes of hate and violent acts 
against ethnic, religious, racial and sexually-oriented 
minorities. NTIA has released the following official "Notice 
of Inquiry; Request for Comments" in the Federal Register. A 
staff member there also gave me the word processing file and 
asked that I distribute it electronically, since BBSs are 
one of the targetted technologies they want to study. 
Comments are due by April 26. Please feel free to submit 
comments and to pass this file around for others to see. EFF 
will be posting this to our ftp archives, as well. Thanks for 
your help.

Shari Steele, Staff Attorney, Electronic Frontier Foundation 

               *********************************

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration 
Report on the "Role of Telecommunications in Hate Crimes" 
[Docket No. 930349-3049]
AGENCY: National Telecommunications and Information 
Administration (NTIA). ACTION: Notice of Inquiry; Request for 
Comments. SUMMARY: In response to a statutory directive, NTIA 
is undertaking a study on the role of telecommunications in 
hate crimes. Public
 comment is requested on issues relevant to such a report. 
DATES: Comments should be filed on or before April 26, 1993 
and reply comments should be filed on or before May 26, 1993 
to receive full consideration.
ADDRESSES: Comments (seven copies) should be sent to: Office 
of Policy Analysis and Development, NTIA, U.S. Department of 
Commerce, 14th St. and Constitution Ave. N.W., Room 4725, 
Washington, D.C. 20230. FOR FURTHER INFORMATION CONTACT: NTIA 
Office of Pol
icy Analysis and Development, 202-482-1880.

AUTHORITY: Telecommunications Authorization Act of 1992, Pub. 
L. No. 102-538, 106 Stat. 3533 (1992).SUPPLEMENTARY 
INFORMATION: I.	Authorization for Study
The National Telecommunications and Information 
Administration (NTIA) is the Executive Branch agency 
principally responsible for developing and articulating 
domestic and international telecommunications policies. NTIA 
acts as the principal adviser to the 
President on telecommunications policies. Accordingly, NTIA 
conducts studies and makes recommendations regarding 
telecommunications policies, activities, and opportunities, 
and presents Executive Branch views on telecommunications 
matters to the Congress,
 the Federal Communications Commission (FCC), state and local 
governments, and members of the public. 

In its 1992 Authorization Act, NTIA was directed to prepare a 
report on "the role of telecommunications in crimes of hate 
and violent acts against ethnic, religious, and racial 
minorities." In issuing this Notice of Inquiry, NTIA is 
seeking to reach out t
o individuals, civil rights groups, media organizations, and 
Government agencies for information on this topic, consistent 
with legislative intent. This Notice of Inquiry is one part 
of NTIA's outreach program.

II.	Introduction
There is growing concern in the United States that as a 
society we may be experiencing an increase in acts of 
violence and intimidation motivated by prejudice based on 
race, religion, sexual orientation, or ethnicity.
Many state and local governments have enacted "hate crime" 
statutes that increase the penalty for criminal acts such as 
harassment, intimidation, vandalism, assault, or murder if 
the motive or intent is based on prejudice on the part of the 
perpetrator du
ring the commission of the criminal act. Other state statutes 
proscribe the expression of the prejudice or bias itself 
under certain circumstances, independent of any other 
criminal act committed. Both types of statutes have recently 
been subject to const
itutional challenges on First Amendment grounds. NTIA 
requests comment on the extent to which state or local "hate 
crime" laws apply to acts that use telecommunications and 
other electronic media. 

As a first step in addressing the problem of hate crimes on a 
national level, and to help policy makers address this issue, 
the Hate Crime Statistics Act (HCSA), adopted in 1990, is 
designed to provide a national data collection system to 
determine the ex
act nature and extent of hate crimes. Pursuant to the HCSA, 
the Federal Bureau of Investigation (FBI) coordinates the 
collection and reporting of data on such crimes. 

The FBI's first report on hate crimes, under the provisions 
of the HCSA, was released in January 1993. That report 
compiled hate crime information reported to the FBI by 2,771 
state and local law enforcement agencies in 32 states for the 
calendar year 199
1. Among the total reported hate crimes in 1991, racial bias 
accounted for 6 of 10 offenses, religious bias accounted for 
2 of 10 offenses, and ethnic or sexual-orientation bias each 
accounted for 1 of 10 offenses reported. Among the incidents 
reported, i
ntimidation was the most frequently reported crime, 
accounting for 1 of 3 offenses. The FBI plans to expand its 
data collection to include reports from law enforcement 
agencies from all 50 states. 

III. Telecommunications and Hate Crimes

In analyzing the use of telecommunications to advocate and 
encourage violent acts and the commission of hate crimes, the 
scope of the term "telecommunications" must be considered 
carefully. The Authorization Act identifies the following 
list of media to b
e considered in our study: broadcast television and radio, 
cable television, public access television, computer bulletin 
boards, and "other electronic media." Each of the specific 
media mentioned can provide persons or groups the ability to 
transmit unsol
icited messages immediately to a large number of recipients. 
There have been some well-known incidents relevant to this 
study involving these media, in which parties have sought or 
obtained access to broadcast television and radio, or cable 
public access channels, to promote messages of hate or 
violence evidencing 
prejudice toward particular groups. For example, there was 
controversy over repeated attempts in Kansas City by a 
chapter of the Ku Klux Klan to obtain access to a cable 
public access channel to show the program "Race and Reason." 
In June 1992, authoritie
s in San Diego attempted to determine whether an individual 
convicted previously of a hate crime had violated the terms 
of his parole through involvement in the showing of a 
documentary based on anti-Jewish Nazi propaganda films on a 
cable public access c
hannel. Messages claiming the Holocaust was a hoax, and other 
anti-Semitic messages, created a controversy in 1991 over the 
use of computer bulletin boards. 

More generally, however, "telecommunications" refers to 
numerous forms of electronic communications, including both 
point-to-point, two-way voice and data services, and point-
to-multipoint mass media services. There have been some 
reported incidents invol
ving such services. For example, some white supremacist 
groups reportedly use telephone hotlines for "espousing white 
supremacist doctrine" and telephone answering machines for 
recruiting and merchandising books and other items, and 
employ methods similar
 to telemarketing for spreading their messages. NTIA requests 
comment on the degree to which such services, in addition to 
the media specifically identified in the Authorization Act, 
have an effect on the role of telecommunications in hate 
crimes.

Each form of telecommunications in the United States is 
subject to different degrees of government regulation. For 
example, broadcasters are subject to certain "public 
interest" obligations as spectrum licensees. Most point-to-
point voice and data service
 is provided by common carriers subject to the authority of 
state and federal regulatory agencies, although unregulated 
private networks increasingly offer such services. Computer 
bulletin boards are private, unregulated communications 
systems. To what de
gree do such legal and regulatory distinctions affect the 
commission and prevention of hate crimes using 
telecommunications? 

Finally, while we have discussed many forms of electronic 
communications in the preceding paragraphs, we request 
comment on what, if any, "other electronic media" should be 
considered in this study. 

IV.	Data and Observations Regarding The Role of 
Telecommunications in
the Commission of Hate Crimes


A.	The Relationship Between Telecommunications and Acts of 
Hate.
In light of the definitional issues involving hate crimes and 
telecommunications discussed above, NTIA seeks information on 
specific instances in which telecommunications were used to 
advocate or encourage the commission of hate crimes or 
violent acts mot
ivated by prejudice or bias. What role do the various forms 
of telecommunications play regarding such acts of hate?

NTIA also seeks information on specific instances in which an 
act of hate was shown to result from a message transmitted 
through telecommunications. In some instances, the act of 
hate may be an intentional consequence of the transmission. 
In other instanc
es, such as the broadcast of a news program, an act of hate 
may be unintentionally prompted by the content of the 
program. Moreover, NTIA seeks quantitative information on the 
correlation, if any, between the advocacy or encouragement of 
acts of hate, thr
ough the use of telecommunications or otherwise, and their 
commission. How prevalent are instances in which messages of 
hate resulted in the commission of violent acts or hate 
crimes? 
Given the free speech protection offered by the First 
Amendment, what is the proper role of government, and 
specifically telecommunications regulators, with respect to 
the use of telecommunications to spread messages of hate?

Many contend that more speech, rather than government 
regulation, is the best way to address hate speech. The 
publicity that often surrounds the use of telecommunications 
media to promote or encourage violent acts or crimes of hate 
may, in fact, be valuab
le in promoting public discussion of the messages being 
conveyed, and may even lessen the incidence of such acts. For 
example, the controversy surrounding the Ku Klux Klan's 
efforts to obtain access to a Kansas City cable public access 
channel, which were
 successful in 1990, resulted in extensive national media 
coverage that stimulated significant public opposition to the 
messages the Klan was attempting to deliver. NTIA seeks 
comment on the degree to which such extensive coverage and 
public reaction is t
ypical. 

Finally, such public discussion may be made possible through 
the use of the same types of telecommunications media 
employed to spread the message of hate. NTIA therefore also 
seeks comment on the extent to which telecommunications plays 
a positive role in
 preventing acts of hate. 

B.	The Use of Telecommunications in Intimidation and 
Related Hate Crimes

The Authorization Act directs NTIA to base its analysis of 
hate crimes on the description given in the HCSA: crimes such 
as murder, non-negligent manslaughter, forcible rape, 
aggravated assault, simple assault, intimidation, arson, and 
vandalism that mani
fest evidence of prejudice based on race, religion, sexual 
orientation, or ethnicity. In all of these instances, except 
intimidation, a person cannot commit the offense directly 
through use of telecommunications media, although such use 
could, in some cas
es, assist the commission of such an offense. NTIA seeks 
comment on the applicability of this description to the 
subject matter of this report.

Moreover, although the HCSA definition does not specifically 
refer to intimidation using a telephone, a threatening 
message sent via a telephone or facsimile transmission may 
constitute a crime of "intimidation" and be subject to 
reporting under the HCSA.
 Is there any policy or law enforcement reason to distinguish 
such intimidation from other forms of intimidation? Do 
current data gathering activities under the HCSA provide 
sufficient data to analyze the role of telecommunications in 
hate crimes?

V.	The Role of Technology in Preventing Hate Crimes that 
Use
Telecommunications

A.	Methods of Preventing Hate Crimes that Use 
Telecommunications

New developments in telecommunications technologies may offer 
a means of preventing, or limiting the number or impact of, 
hate crimes involving the use of telecommunications. For 
example, new caller identification (caller ID) or call-trace 
services offere
d by local exchange telephone companies may prevent or 
discourage the commission of hate-motivated intimidation 
telephone calls. Likewise, a consumer's ability to block 
video channels can prevent unsolicited messages from entering 
that person's home. For 
example, current technology permits cable operators to block 
access to specified channels on their systems. Section 10 of 
the 1992 Cable Act requires cable system operators to block 
leased access channels that carry indecent (as defined by the 
FCC) progra
mming. A consumer wishing to view such programming must 
request, in writing, that the system unblock the channel.

Additionally, Section 10 of the 1992 Cable Act requires that, 
when cable operators offer X, R, or NC-17 rated movies free 
of charge on premium channels, they must provide notice to 
consumers and the ability to block such movies on request. 
Also, some new 
television receivers offer the capability of blocking 
preselected channels. Finally, with respect to computer 
bulletin boards, computer software can allow bulletin board 
operators to eliminate unwanted messages from their systems. 

NTIA requests information on the use of new 
telecommunications technology to prevent or limit the 
transmittal or reception of messages of hate. We request 
comment on whether variations of such systems could or should 
also be adapted to allow consumers to 
control the viewing of unwanted programming such as that 
carrying messages of hate. Would such technology be an 
appropriate approach to protecting people from being 
subjected to messages of hate? What technology is available, 
and to what telecommunication
s media is it relevant? What technologies may be available in 
the future?

Often, however, privacy concerns are associated with the use 
of such new technology. For example, some parties have 
questioned deployment of caller ID service on privacy grounds 
because it reveals a calling party's telephone number. Some 
have questioned w
hether, if computer bulletin boards become ubiquitous, the 
operator of a bulletin board system should have the ability 
to restrict the types of messages listed on it, or should 
have access to private messages on the system to enforce such 
restrictions. To
 what extent do privacy concerns limit the use of new 
telecommunications technologies to prevent hate crimes? 

B.	Electronic Data Collection
In addition to the FBI's data gathering program under the 
HCSA, other law enforcement agencies collect a wide variety 
of data on crime statistics. To what extent could improved 
data collection technology help law enforcement personnel and 
policy makers be
tter understand the problem of hate crime using 
telecommunications? Government data collection on, or 
monitoring of, acts of hate -- in particular, those using 
media such as telephone lines or point-to-point radio -- may 
also raise privacy concerns. NTIA 
therefore requests comment on the privacy concerns that arise 
from the use of data collection on hate crimes involving 
telecommunications. 

VI.	Conclusion
NTIA hereby requests comments in this inquiry to be filed on 
or before April 26, 1993, and reply comments to be filed on 
or before May 26, 1993.

DATED: March 19, 1993


__________________________________________ Thomas J. Sugrue
Acting Assistant Secretary of Commerce
for Communications and Information