If you want to see pornography banished, you must recognize that federal government censorship is not going to accomplish that goal?So what can parents do to keep pornography out of their homes? The market has already provided solutions. Internet users can subscribe to growing numbers of "parental control" programs. These filter out offensive materials by screening key words or simply limiting kids to a "white list" of approved sites. It’s as easy as downloading a file and nearly impossible to outwit. (Sirico 48)
Sirico concludes his article by asserting that parents, not the government, need to take control of the situation and protect the innocence of their children through parentally controlled software devices. Though parentally controlled software is not perfect in that it relies on human intervention, it is a much better solution than governmental censorship in that it is perfectly legal, it does not alienate fundamental rights under the First Amendment, it allows Internet users to keep their right to freedom of expression and it does not impose limits on those outside of the jurisdiction of United States law.
Another viable solution to the problem of children viewing objectionable material on the Internet is the use of a voluntary rating system. Such ratings systems are already in use and include the Recreational Software Advisory Council on the Internet rating system name RSACi. The RSACi is a completely voluntary rating system which allows web publishers to have their site rated by the Recreational Software Advisory Council. The ratings measure the web site?s content levels of sex, nudity, language and violence (Recreational Software Advisory Council Web Site). RSACi is being used in conjunction with Microsoft?s popular web browser, Internet Explorer, to allow parents to decide what rating is appropriate for their child. The parents needs only to follow a few simple steps in which they enter a security password and decide what ratings are appropriate for their child. After the rating system is enabled, the child user will be unable to browse web sites that have ratings above the standards set by the parents without knowledge of the password. President Clinton, although steadfastly holding to the belief that censorship laws are necessary for the Internet, condones self-regulation of the Internet through the use of voluntary rating systems:
(The Clinton Administration) vigorously support(s) the development and widespread availability of products that allow both parents and schools to block objectionable materials from reaching computers that children use. And we also support the industry’s accelerating efforts to rate Internet sites so that they are compatible with these blocking techniques. (Clinton)
President Clinton?s support of voluntary Internet regulation shows that their is an alternative to government controlled regulation of the Internet. The government should condone Internet self-regulation through voluntary rating systems and parental control software instead of attempting to pass legislation censoring the Internet such as the CDA, which does nothing more than encroach on the fundamental right to free speech.
I also recommend that Internet Service Providers (ISPs) be treated as carriers of data and not publishers of the data. ISPs are similar to telephone companies in that they allow the transport of data. Telephone companies are considered carriers and not publishers because they are not expected too, and furthermore, not allowed to regulate the content of private communications between individuals. ISPs should be treated in the same ways. Microsoft CEO and computer industry expert Bill Gates in his book on the future of the Internet, The Road Ahead, asserts that the idea of having Internet Service Providers act as censors would be absurd:
Some critics have suggested that communications companies be made gatekeepers, charged with filtering the content of what they carry. This idea would put companies in the business of censoring all communication. It?s entirely unworkable, for one thing because the volume of communicated information is way too large. This idea is no more feasible or desirable than asking a telephone company to monitor and accept legal responsibility for everything that?s spoken or transmitted on its telephone wires. (Gates 310)
Indeed, it would be absurd to ask a telephone company to be legally responsible for their clients content, just as it is absurd to ask an ISP to be legally liable for their clients content.
Approving any law which condones Internet censorship would be absurd and Unconstitutional because it could not be enforced in foreign countries and would violate the First Amendment right to freedom of the press. The most viable solution to the problems addressed in the CDA is Internet self-regulation through parental control devices and voluntary rating systems because it is the only Constitutional and practical solution. Web publishers should be afforded the same rights to traditional print publishers and Internet Service Providers should be treated as information carriers and not publishers. The Internet is an unprecedented medium of information exchange which will revolutionize the way in which people work, play, and socialize. Censoring the Internet would be a terrible disservice to current and future generations of Internet.
"American Civil Liberties Union et al v. Janet Reno." United States District Court for the Eastern District of Pennsylvania (12 Jun. 1996): n. pag. Online. Internet. Available: http://www.ciec.org/decision_PA/decision_text.html. [The U.S. District Court ruling on the CDA in which the judges rule that the CDA is Unconstitutional.]
Clinton, Bill. "Statement By The President." The White House Office of the Press Secretary (12 Jun. 1996): n pag. Online. Internet. 12 Jun. 1996. http://www.ciec.org/decision_PA/960612_Clinton_stmnt.html. [Press release from the President issued after the federal court case ruling the CDA Unconstitutional.]
Constitution of the United States of America, The. Washington: United States Senate, Revised 1986. [The text of the Constitution of the United States which I use to assert the First Amendment right to freedom of the press.]
Exon, Jim. "Press Release and Statement from Sen. Exon." (12 Jun. 1996): n. pag. Online. Internet. 14 May 1997. Available: http://www.ciec.org/decision_PA/960612_Exon_prs.html. [Press release from Senator Exon following the federal court case ruling the CDA Unconstitutional.]
Gates, Bill. The Road Ahead. New York: Penguin Books, 1996. [Bill Gates? book on the future of the Internet and discussion of critical issues such as Internet censorship.]
"Internet is Not a Television, The" Citizens Internet Empowerment Coalition: n. pag. Online. Internet. 14 Apr. 1997. Available: http://www.ciec.org/more_background.shtml. [The mission statement page from the CIEC which explains their court case against the CDA.]
Jepsen, Dee. "Testimony Of Dee Jepsen, Executive Director, Enough Is Enough" (24 Jul. 1995): n. pag. Online. Internet. 14 May 1997. Available: http://www.cdt.org/policy/freespeech/jepsen72495.html. [Transcript of Dee Jepsen?s testimony before the Senate in support of the Protection of Children from Computer Pornography Act of 1995.]
Kristula, Dave. "The History of the Internet." Online. Internet. 14 May 1997. Available: http://www.davesite.com/webstation/net-history.shtml. [A web page describing the history of the Internet.]
Macavinta, Courtney. "Alleged porn site raided in Texas" CNET, Inc. (18 Feb. 1997): n. pag. Online. Internet. 3 Jun. 1997. Available: http://www.news.com/News/Item/0,4,8007,00.html. [Report on the child pornography/Internet scandal in Texas.]
Mattos, Jenifer. "The CDA Before the Court." Time (19 Mar. 1997): n. pag. Online. Internet. 19 Mar. 1997. Available: http://pathfinder.com/@@sAbDXgQAlb0upRm2/time/daily/1997/970319/970319-1.html. [Time magazine report on the Supreme Court appeal of the CDA case.]
Net Nanny Software International. Untitled. n. pag. Online. Internet. 3 Jun. 1997. Available: http://www.netnanny.com/. [Home page for the Net Nanny Software company which describes the software?s purpose and appropriate usage.]
Plummer, James C. "Decent Information?" Consumers? Research Magazine Aug. 1996: 33. [An editorial on the CDA questioning it?s premise.]
Recreational Software Advisory Council Web Site. Online. Internet. 3 Jun. 1997. Available: http://www.rsac.org/. [Web site for the RSACi rating system which explains the system?s purpose and appropriate usage.]
Sirico, Robert A. "Don?t Censor the Internet." Forbes 29 July 1996: 48. [Editorial outlining concerns about governmental control of the Internet and alternatives.]
Whitmer, Clair. "Man Gets 5 Years for Online Child Porn." CNet, Inc. (23 Feb. 1996): n. pag. Online. Internet. http://www.news.com/News/Item/0,4,787,00.html. [Report of a man sentenced for sending child pornography via the Internet.]
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