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Topic: Communications Decency Act


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In the News (Tue 15 Dec 09)

  
  Communications Decency Act - Wikipedia, the free encyclopedia
The Communications Decency Act (CDA) was Title V of the United States' Telecommunications Act of 1996.
Second, Section 230 of the Act declared that operators of Internet services were not to be construed as publishers (and thus legally liable for the words of third parties who use their services).
Section 230 of the Communications Decency Act added valuable protection for online service providers and users from action against them for the actions of others, stating in part that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider".
en.wikipedia.org /wiki/Communications_Decency_Act   (845 words)

  
 Communications Decency Act of 1996
Communications Decency Act Enacted by the U.S. Congress on February 1, 1996 SECTION 1.
This title may be cited as the ``Communications Decency Act of 1996''.
Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: ``SEC.
www.epic.org /free_speech/CDA/cda.html   (1890 words)

  
 Net porn: control in the USA - Communications Decency Act
The effect of the Act is to intensify the sell-off of the Net begun in 1995 when the US portion of the backbone was gradually transferred to privately-owned corporations and the National Science Foundation shut down its part of the Net.
Broadcasters are also affected, since the Act requires the fitting of a v-chip to televisions, technology which necessarily entails that broadcasters label their content.
The Act therefore 'encouraged' broadcasters to develop an appropriate labelling system by 1997, warning that one would be imposed by the Federal Communications Commission (FCC) if the broadcasters did not comply, though it was clear that such an imposition would be fraught with difficulty in the US because of First Amendment issues.
www.cultsock.ndirect.co.uk /MUHome/cshtml/media/comdec.html   (1813 words)

  
 The Communications Decency Act
The Communications Decency Act had been debated by members of Congress since it was first introduced by Senators Exon(D-NE) and Gorton(R-WA) in February of last year and finally won out over less restrictive alternatives.
While supporters of the Act believe they have won an important victory in the struggle to keep pornography on the Internet away from minors, many opponents of the Act have made it clear that they are going to challenge the law in court.
The Act does not take into account that "community standards" vary throughout the nation and that the Act is therefore, open to broad interpretation, which opponents of the Act fear may be taken advantage of by members of right wing groups.
www.trincoll.edu /zines/tj/tj2.15.96/articles/com.html   (729 words)

  
 Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)   (Site not responding. Last check: 2007-11-07)
Two provisions of the Communications Decency Act of 1996 (CDA or Act) seek to protect minors from harmful material on the Internet, an international network of interconnected computers that enables millions of people to communicate with one another in "cyberspace" and to access vast amounts of information from around the world.
The Government appealed to this Court under the Act's special review provisions, arguing that the District Court erred in holding that the CDA violated both the First Amendment because it is overbroad and the Fifth Amendment because it is vague.
First, the contention that the Act is constitutional because it leaves open ample "alternative channels" of communication is unpersuasive because the CDA regulates speech on the basis of its content, so that a "time, place, and manner" analysis is inapplicable.
supct.law.cornell.edu /supct/html/96-511.ZS.html   (1337 words)

  
 Text of the Latest CDA (21/21/95)
This title may be cited as the "Communications Decency Act of 1995".
Nothing in this section shall be construed to impair the enforcement of section 223 of this Act, chapter 71 (relating to obscenity) or 110 (relating to exploitation of children) of title 18, United States Code, or any other Federal criminal statute.
Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.
www.cdt.org /speech/cda/951221cda.html   (1345 words)

  
 The Communications Decency Act
The Communications Decency Act (S.314) was passed by the United States Senate in June 1995 by a large majority.
The U.S. senators who voted for the CDA either violated their oath of office and thus are little better than traitors or — if they now plead ignorance of the amendment they voted for — failed in their responsibility to protect the constitutional rights of the people.
The intent of the Communications Decency Act is not primarily to stop the posting of erotic images, four-letter words or sexually explicit discourse to the Internet.
www.serendipity.li /cda/cda1.html   (2532 words)

  
 Cybertelecom :: CDA
On February 7, 1996, the ACLU challenged the constitutionality of the CDA.
The CDA had a short life, setting a precedent for a plethora of censorship proposals to come.
The CDA amended 47 USC § 223 which regulates obscene and harassing telephone calls.
www.cybertelecom.org /cda/cda-up.htm   (459 words)

  
 The Communications Decency Act   (Site not responding. Last check: 2007-11-07)
The Communications Decency Act, recently passed by the Senate (and condemned by Speaker Gingrich) was a blatant act of political grandstanding by people who do not understand the Internet and who do not care.
One justification used by the Act's supporters is that it purports only to extend to cyberspace the special restrictions applied to broadcast media.
Speaker Gingrich's declaration this week that the Communications Decency Act was overkill is a promising sign that it will not clear the House.
www.spectacle.org /795/cda.html   (351 words)

  
 Communications Decency Act
March 23, 1995, the Senate Commerce Committee passed telecom legislation that included an amended version of the Communications Decency Act of 1995, commonly known as "the Exon Amendment." This draft was introduced by Sen. Slade Gorton (R-VT).
In 1989, the Supreme Court in Sable Communications v FCC established that indecent material cannot be banned entirely, and that prohibiting indecency to protect minors is an unconstitutional violation of the free speech rights of adults.
The bill does not define "obscene" communications, leaving individual states to assert their own definition of community standards and to prosecute system operators maintaining systems anywhere in the country.
courses.cs.vt.edu /professionalism/Censorship/Decency.Act.html   (3214 words)

  
 CDT | Communications Decency Act (CDA)
Writing for the court, Justice John Paul Stevens held that "the CDA places an unacceptably heavy burden on protected speech" and found that all provisions of the CDA are unconsitutional as they apply to "indecent" or "patently offensive" speech.
The Communications Decency Act was passed in February 1996.
Although well intentioned, the CDA was ineffective and failed to recognize the unique nature of this global, decentralized medium.
www.cdt.org /speech/cda   (441 words)

  
 Communications Decency Act Struck Down!!
In a landmark decision issued on June 26,1997, the Supreme Court held that the Communications Decency Act violated the First Amendment's guarantee of freedom of speech.
In a landmark 7-2 decision issued on June 26, the United States Supreme Court affirmed the lower court decision and held that the Communications Decency Act violates the First Amendment's guarantee of freedom of speech.
Revised text of the Communications Decency Act approved by the U.S. Senate on June 14, 1995.
www.epic.org /free_speech/CDA   (676 words)

  
 The Communications Decency Act
With a three-judge Federal panel in Philadelphia having issued the first major ruling in a case challenging the Communications Decency Act, the next move is up to the loser, the Department of Justice.
The second is another challenge to the Communications Decency Act being heard in Manhattan, where Joseph Shea, the editor of an on-line newspaper, is arguing that the law would unfairly subject news publications in cyberspace to stricter government regulation than their print counterparts.
The Communications Decency Act imposes stiff criminal sanctions -- fines and jail terms -- on violators.
partners.nytimes.com /library/cyber/week/0615decency.html   (1194 words)

  
 [No title]
This Act may be cited as the `Communications Decency Act of 1995'.
Section 639 of the Communications Act of 1934 (47 U.S.C. 559) is amended by striking `$10,000' and inserting `$100,000'.
Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the following: `SEC.
www.eff.org /Censorship/Internet_censorship_bills/s314_95.bill   (452 words)

  
 Communications Decency Act   (Site not responding. Last check: 2007-11-07)
It stands for Communications Decency Act, which was passed on February 1996.
The Communications Decency Act made it illegal to post "indecent or patently offensive materials in a public forum on the internet - - including web pages, newsgroups, chat rooms, or online discussion lists.
If the Communications Decency Act had its way, then books like "Catcher in the Rye and Ulysees, the 7 dirty words^ and much more alike would not have the security of the First Amendment over the Internet.
mason.gmu.edu /~sshafi1/CDA.html   (117 words)

  
 High court rejects CDA | CNET News.com
The Supreme Court today rejected the Communications Decency Act in a historic ruling determining the future of free speech on the Internet.
The CDA made it a felony to use the Net to display or send "indecent" material that could be seen by a minor.
As opponents of the CDA had hoped, the court concluded today that broadcast content regulations used to censor obscenity do not automatically apply to the Internet: "The special factors recognized in some of the court's cases as justifying regulation of the broadcast media--the history of extensive government regulation of broadcasting--are not present in cyberspace.
news.com.com /2009-1023-200957.html?legacy=cnet   (1678 words)

  
 Speech and Spillover - The Supreme Court probably will overturn the notorious Communications Decency Act. But the ...
A classic illustration of the spillover problem is the Communications Decency Act, passed earlier this year in an attempt to stop "indecency" on the Internet.
Other CDA critics assert that the technological alternatives will shield children every bit as well as a total ban would, and that the CDA therefore is entirely unnecessary.
My guess is that the marginal benefit of the CDA over the technological alternatives is small enough, and the burden that the law creates is large enough, that the CDA will be overturned.
www.slate.com /id/2371   (1835 words)

  
 Communications Decency Act (BitLaw)
The CDA was passed by Congress and signed into law by President Clinton on February 8, 1996.
In addition, the CDA also prohibits anyone from placing on the Internet in such a manner that is it is available to persons under age 18 any comments, images, or other communication that depicts or describes, "in terms patently offensive as measure by contemporary community standards, sexual or excretory activities or organs."
This Act goes beyond the prohibiting obscene materials, and instead focuses on controlling the distribution of "indecent" materials, which is a much broader and more ambiguous term.
www.bitlaw.com /hot/cda.html   (409 words)

  
 Communications Decency Act
CDA's use of the "community standards" wording, means that material placed on the
In 1997, the CDA was struck down in a landmark case, Reno v.
The U.S. Supreme Court ruled that the CDA violated the First Amendment guarantees of free speech.
members.fortunecity.com /allisonandcasey/SOTI2001/id1.html   (601 words)

  
 www.4Kids.org | Safe Surfing
The first federal law to address this issue was the Communications Decency Act, part of the Telecommunications Act of 1996.
In 1997, CDA was overturned by being declared unconstitutional through a lawsuit brought by the American Civil Liberties Union challenging that it restricted freedom of speech.
Much like CDA, COPA was enacted for "Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors." In other words, any commercial sites deemed "harmful to minors" and that can be accessed by minors were declared illegal.
www.4kids.org /safesurf/adults/coppa_cipa.shtml   (526 words)

  
 Communications Decency Act
The judges agreed that "local community standards" may threaten speech whose value is not understood as "serious" by an audience unfamiliar with alternative lifestyles.
"The CDA statute could deprive artists and educators of one of the last venues we have for displaying, discussing, and selling sexually frank material," said Barbara Nitke, President of the Camera Club of New York and faculty member of New York School of Visual Arts.
Experts and civil liberties groups have expressed their support for overturning the CDA in Amicus Briefs, including the Electronic Frontier Foundation, Society for the Scientific Study of Sexuality, the Triangle Foundation, and the National Center for Lesbian Rights.
www.ncsfreedom.org /CDA   (454 words)

  
 Technology Bytes - Communication Decency Act   (Site not responding. Last check: 2007-11-07)
At the end of June, the Supreme Court struck down as unconstitutional the Communications Decency Act (CDA).
The Law was never implemented, as a wide variety of organizations sought to test the constitutionality of the Law on the first day of its existence.
That is, the Court upheld an image of communications on the Internet that suggests that the Internet is likened to a vast newsstand in which there are thousands, even millions, of publishers.
www.fhlbi.com /NEWS/Technlgy/Bytes-BI/daily3.htm   (614 words)

  
 FCC - Telecommunications Act of 1996   (Site not responding. Last check: 2007-11-07)
The official citation for the new Act is: Telecommunications Act of 1996, Pub.
The Report on FCC Implementation of Telecommunications Act of 1996 is a cumulative report of all actions taken since February 8, 1996, by the FCC to implement the Act.
Chairman Hundt's Statement and related Report on the FCC Implementation of the Telecommunications Act presented to the Subcommittee on Telecommunications and Finance, Committee on Commerce of the U.S. House of Representatives on July 18, 1996.
www.fcc.gov /telecom.html   (3232 words)

  
 CNN - Supreme Court rules CDA unconstitutional - June 26, 1997
The Communications Decency Act was crafted to protect society, especially children, from sexually graphic material transmitted through the Internet.
Opponents of the bill have argued that the legislation is far too broad and is unconstitutional.
That definition, according to CDA opponents, is too vague and leaves enforcement of the law up to the subjectivity of authorities.
www.cnn.com /US/9706/26/cda.overturned.hfr   (369 words)

  
 From the Senate floor: Senator Exon's Blue Book
The Communications Decency Act is a move based more on fear than on the desire to save America's children from what Exon terms "smut." Senator Patrick Leahy (D-Vermont)
House support for the Communications Decency Act is tenuous at this point.
Microsoft Corp., Netscape Communications Inc. and Progressive Networks Inc. are working jointly to develop such a rating system and software designed to search for the HTML tag that denotes material appropriate for any age.
www.ibiblio.org /cmc/mag/1995/aug/thaler.html   (1428 words)

  
 Communications Decency Act   (Site not responding. Last check: 2007-11-07)
      The CDA is a similar attempt by hysterical legislators of the out of touch United States Congress who are ignorant of the new technology and would not recognize a modem if one fell out of the sky and landed on their head.
In a heavily controlled society like communist China with all Internet communications specially routed through supervised chokepoints, any 13-year old who knows what they are doing can defeat the firewall and access any Web site in the world by use of proxy servers.
      The CDA is at heart an attempt by Christian religious organizations to engineer through force of law a society of their choosing (ie.
www.rjgeib.com /about-me/cda.html   (5825 words)

  
 CNN - Supreme Court strikes down Internet smut law - June 26, 1997
WASHINGTON (CNN) -- The U.S. Supreme Court struck down the Communications Decency Act on Thursday, arguing that some provisions of the federal law amounted to illegal government censorship.
The act, passed as a part of massive 1996 telecommunications reform legislation and defended by President Clinton, was devised to protect children from indecent materials on the Internet.
"The (Communications Decency Act) is a content-based regulation of speech," he wrote.
www.cnn.com /US/9706/26/scotus.cda   (642 words)

  
 EFF: Bloggers' FAQ: Section 230 Protections
It was passed as part of the much-maligned Communication Decency Act of 1996.
Many aspects of the CDA were unconstitutional restrictions of freedom of speech (and, with EFF'S help, struck down by the Supreme Court), but this section survived and has been a valuable defense for Internet intermediaries ever since.
EFF has an archive of some of the key cases addressing Section 230.
www.eff.org /bloggers/lg/faq-230.php   (615 words)

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