tech TALK

What do Michelangelo's rendering of David, Mark Twain's Huckleberry Finn, a rape survivor's support group and the lyrics of Alanis Morrissette all have in common?

They could now all be illegal subjects of discussion or display on the Internet--punishable by a maximum fine of $250,000 and two years in prison.

These new penalties are part of the Communications Decency Act (CDA) of 1996, which was included in the sweeping telecommunications reform bill signed into law last week by President Clinton.

Many politicians and religious groups have hailed the act as the best way to keep the Internet safe for children by trying to sanitize the "red light districts" on the worldwide computer network. And to many Americans who aren't computer-savvy, the CDA is greeted with unqualified praise. "We've gotta keep those molesters away from our children," they might say.

This view of the Internet as a haven for pornography and child solicitation is rampant, and seemingly monthly news stories showcase children "seduced" by molesters via services like America Online.

These misconceptions about the Internet have led to a Congressional backlash. Most of the uproar over the CDA comes not from its restrictions on the well-defined category of "obscene" material, but over the fuzzier genre of "indecency."

In my thesaurus, the two terms are listed as synonyms. But the courts have drawn quite a distinction between them. Most hard-core pornography falls into the category of obscenity, and there is a long legal tradition of regulating this material according to community standards.

However, the CDA also makes it a crime to transmit "indecent" material over the Internet. While the courts have not defined this term as clearly, curse words and images of nudity probably fall into this category. As one critic of the CDA notes, the presence of indecent material in motion pictures separates a 'G' rating from a 'PG.'

We see indecent material in the world around us all the time; The Crimson, for instance, can (and does) print the "F-word" in its articles without any fear of government censorship.

But if The Crimson put that article online, and a minor accessed it, the paper, its editors and the author could be subject to prosecution for a federal crime.

Many opponents of the CDA see nothing wrong with more protection for children on the Internet to avoid obscenity. In fact, America Online and CompuServe already have parental control features to let kids use their services without being exposed to unsuitable material. Similar programs, like SurfWatch, provide filters for the users directly accessing the Internet.

Instead of using these solutions as a model, however, Congress and President Clinton took the "meat-cleaver" approach, passing a law that effectively dumbs down the public areas of the Internet to a level suitable for all ages.

The chilling effect this could have on Internet communications is widespread, and the focus on indecency affects more than just the Playboy Web site. Images of classical works of art like Michelangelo's "David" or Botticelli's "The Birth of Venus" might no longer be available over the Internet, since the nudity displayed in the pieces would technically be indecent.

Even classic pieces of literature, from Huckleberry Finn to The Catcher In The Rye, would no longer be available via electronic libraries, since occasionally vulgar language might not be legally "proper" for children.

The law isn't going without challenges, of course. Civil rights groups in and out of cyberspace, including the American Civil Liberties Union (ACLU), sued to test the constitutionality of the law. Yesterday, a federal judge banned the goverment from enforcing the law until he hears arguments on the lawsuit. Many observers believe the CDA will be found to violate First Amendment rights of speech and expression.

But just in case, contact your Representative and Senators to urge them to vote to repeal the CDA. Just remember: if you send them e-mail, don't curse.

Kevin S. Davis '97 is the Currier House User Assistant and HASCS's Networking Advanced Support technician. His e-mail address is ksdavis@fas.harvard.edu.