[Provided by the Center for Democracy & Technology - see end of file for contact info.] House CDA Sponsor Calls for Hearings, Go-Slow Approach Representative Tim Johnson (D-SD) recently sent the attached letter to Rep. Jack Fields (R-TX), chairman of the House Subcommittee on Telecommunications and Finance, urging the subcommittee to carefully examine the issues raised by the legislation before rushing to enact it. In the letter, Johnson clarifies that he sponsored HR 1004 only to facilitate a discussion and hearings on the issue. Johnson writes that while "it is essential for your committee to consider obscenity, harassment, and First Amendment concerns as well as over-all enforceability matters ... it is my hope that you will hold hearings which permit all points of view to be heard before taking any action on this issue." The House Subcommittee on Telecommunications and Finance is currently drafting legislation to overhaul the Nation's telecommunications laws. A modified version of the Exon/Gorton "Communications Decency Act" (S. 314) was incorporated into similar legislation approved last month by the Senate Commerce Committee. HR 1004 is the House counterpart to the Exon/Gorton Communications Decency Act, which would criminalize the transmission of any content deemed "obscene, indecent, lewd, lascivious, filthy, or harassing." Unlike the Senate version, HR 1004 has not been modified since its introduction. CDT wishes to thank People for the American Way for obtaining a copy of this letter and forwarding it to us for distribution. ---------------------------------------------------------------------------- April 3, 1995 The Honorable Jack Fields Chairman Subcommittee on Telecommunications and Finance House Committee on Commerce 2125 Rayburn House Office Building Washington, DC 20515 Dear Jack: I am writing to you today relative to legislation which I have sponsored, HR 1004, a house counterpart to Senator Exon's S. 314, the Communications Decency Act. S. 314 was recently incorporated by voice vote into the Senate Commerce Committee's telecommunications reform legislation. The amendment attempts to update the Communications Act of 1934 by providing users of digital communications the same protections telephone users currently have against obscene, indecent, or harassing telephone calls. I want to advise you that I have sponsored HR 1004 simply as a beginning point for hearings and discussion and not necessarily to propose that this bill, or any bill for that matter, is necessarily the proper response to concerns over obscenity. While it appears that the Exon provision as amended goes a long way to address the liability questions by exempting companies or entities which merely provide transmission services for the Internet, I remain concerned that this issue needs a thorough examination through the hearing process. It is essential for your committee to consider obscenity, harassment, and First Amendment concerns as well as over-all enforceability matters. For that reason, it is my hope that you will hold hearings which will permit all points of view to be heard before taking any action on this issue. Hopefully, you and your committee will have an opportunity to consider this important issue in a carefully deliberative fashion which will balance concerns for children and others from unwanted obscene material on the Internet with free and enhanced use of the Internet. It may very well be that this balance is best achieved by voluntary means rather than by new legislation, but I will be appreciative of your willingness to carefully investigate this complex issue. Thank you for your attention to this matter. Sincerely, {sig} Tim Johnson cc: Ed Markey Ranking Minority Member Subcommittee on Telecommunications and Finance --------------------------------------------------------------------- ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY The Center for Democracy and Technology is a non-profit public interest organization. The Center's mission is to develop and advocate public policies that advance constitutional civil liberties and democratic values in new computer and communications technologies. Contacting us: General information on CDT can be obtained by sending mail to CDT's www site is up! Visit us at http://www.cdt.org/ voice: 202.637.9800