Resolution Supporting Free Speech and Privacy in Cyberspace

Whereas:

• According to our constitution, "The National Writers Union is committed to freedom of the press, freedom of speech, and freedom of expression in all media, including print, film, and electronic media of any sort"; and

• The First Amendment of the US Constitution states that "Congress shall make no law...abridging the freedom of speech, or of the press"; and The Fourteenth Amendment states that "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"; and

• The US Senate, on 14 June 1995, passed (84-16) an amendment (The Communications Decency Act or CDA) to the Telecommunications bill that makes a person liable for fines up to $100,000 and up to two years imprisonment if he or she should "make available...any indecent comment, request, suggestion, proposal, [or] image," if such can be accessed by any person under 18 years of age. The prohibition of "indecent" speech is extremely restrictive, and serious literary, scientific, political, or artistic value is not a defense. Prosecution under the CDA would be highly selective and unpopular individuals and groups would be targeted. Moreover, the CDA cannot be enforced technically without denying access as well to adults; and

• The Senate also has passed S.735, the Counter Terrorism Bill, that prohibits discussion of explosives or bomb making not only in cyberspace (i.e., the internet and private computer bulletin board systems) but "by any means"; and

• The Senate is also considering S.892, which would make internet service providers liable for failing to shield persons under 18 from all indecent content on the internet, and S.974, which would make it unlawful for any person to publicly disseminate encoding or encrypting software, including software currently allowed, unless it contains a "universal decoding device"; and

• Similar restrictive legislation is under consideration in the US House of Representatives, and more will be introduced in both houses of Congress; and

• Legislation restricting speech on computer networks has been signed into law in Connecticut, Georgia, Maryland, Montana, Oklahoma, and Virginia; and additional legislation is pending and will very likely be signed into law in Alabama, California, Florida, Illinois, Maryland, New York, Oregon, Pennsylvania, and Washington.

The Delegates Assembly hereby resolves that:

1. We oppose any and all federal, state, or local legislation that restricts or penalizes the content of communication among consenting parties. If the communication involves copyright-protected material, or other proprietary information, consent shall include that of the intellectual-property right holder, fair use excepted. Electronic communication should have no less protection than print or any other form of speech.

2. We assert that censoring information about sexuality both violates the right to free expression and exacerbates serious social problems, such as AIDS and other sexually transmitted diseases, unwanted teen pregnancies, misogyny, and prejudice against sexual minorities.

3. We affirm the free-expression rights of minors, including their right to obtain information about sex and sexual identity. We also recognize the rights of parents and legal guardians to limit information access by their children, especially when those children are very young. Parents and children should decide among themselves what literature, art, entertainment, or information is appropriate without state or third-party intervention. Since computer account holders have the obvious right to limit the use of their own accounts, we therefore encourage concerned parents, teachers, and legal guardians to learn about the available software that will enable them to monitor and control children's use of the internet.

4. We assert that internet-access and online-service providers that do not censor their subscribers' posts should be treated as common carriers free of liability if illegal material is transmitted via their systems. Moreover, we hold that such operators and providers should not suffer increased liability if they do make reasonable efforts to discourage illegal uses of their systems. If common carriers are held liable for what customers post or transmit, they will go out of business because it's impossible to police these systems.

5. We affirm the privacy rights of all users of computer networks and oppose efforts by the state to eavesdrop on private conversations or to limit the use of encryption.

6. We Delegates shall strive to inform ourselves and our membership of all efforts to limit free-expression and privacy rights on computer networks and to lobby against these efforts on the federal, state, and local levels.

Adopted by the Delegates on 5 August 1995, at the Delegates Assembly held at Rutgers University. No delegates opposed; one delegate abstained.

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