From: David Josephson <david@josephson.com>
Subject: S.314
To: chan@shell.portal.com
Date: Mon, 20 Feb 1995 20:14:00 -0800 (PST)


Jeff,

Another log for the fire. I didn't want to send this to 
firearms-alert, but you might, or put it on your ftp site.

Cheers
DJ


Forwarded message: > From dat-heads-owner@fedney.near.net Mon Feb 20 19:20:13 1995
> Message-Id: <199502210012.TAA20050@fedney.near.net>
> From: Digestifier <DAT-Heads-Request@virginia.edu>
> To: dat-heads@fedney.near.net
> Date:     Mon, 20 Feb 95 19:12:19 EST
> Subject:  DAT-Heads Digest #206
> 
> DAT-Heads Digest #206, Volume #2                 Mon, 20 Feb 95 19:12:19 EST
> 
> Contents:
>   A petition for the Internet (fwd) (ERNEST S ENSIGN)
> 
> ----------------------------------------------------------------------------
> 
> From: ERNEST S ENSIGN <esensi01@msuacad.morehead-st.edu>
> Subject: A petition for the Internet (fwd)
> Date: Mon, 20 Feb 1995 19:08:39 -0500 (EST)
> 
> Send this to everyone that you can, And please read it, it is vital
> to our use of the internet.
> 
> [The newsgroups listed above are considered appropriate for posting this
> petition because passage of this bill will no doubt greatly affect them, if
> not cause their outright removal.  And please distribute this Petition far
> and wide, and upload it everywhere (where appropriate, of course).]
> 
> *** PROTECT THE INTERNET. READ THIS MESSAGE ***
> 
> This document is an electronic Petition Statement to the
> U.S. Congress regarding pending legislation, the
> "Communications Decency Act of 1995" (S. 314) which will
> have, if passed, very serious negative ramifications for
> freedom of expression on Usenet, the Internet, and all
> electronic networks.  The proposed legislation would remove
> guarantees of privacy and free speech on all electronic
> networks, including the Internet, and may even effectively
> close them down as a medium to exchange ideas and
> information.
> 
> For an excellent analysis of this Bill by the Center for
> Democracy and Technology (CDT), refer to the Appendix
> attached at the end of this document.  The text to S. 314
> is also included in this Appendix.
> 
> This document is somewhat long, but the length is necessary
> to give you sufficient information to make an informed
> decision.  Time is of the essence, we are going to turn
> this petition and the signatures in on 3/16/95, so if you
> are going to sign this please do so ASAP or at least before
> midnight Wednesday, March 15, 1995.
> 
> Even if you read this petition after the due date, please
> submit your signature anyway as we expect Congress to
> continue debating these issues in the foreseeable future
> and the more signatures we get, the more influence the
> petition will have on discussion.  And even if Congress
> rejects S. 314 while signatures are being gathered, do
> submit your signature anyway for the same reason.
> 
> Please do upload this petition statement as soon as
> possible to any BBS and on-line service in your area.
> If you have access to one of the major national on-line
> services such as CompuServe, Prodigy, AOL, etc., do try
> to upload it there.  We are trying to get at least 5000
> signatures.  Even more signatures are entirely possible
> if we each put in a little effort to inform others, such
> as friends and coworkers, about the importance of this
> petition to electronic freedom of expression.
> 
> Here is a brief table of contents:
> 
> (1) Introduction (this section)
> (2) The Petition Statement
> (3) Instructions for signing this petition
> (4) Credits
> (Appendix) Analysis and text of S. 314 (LONG but excellent)
> 
> 
> ******(2) The Petition Statement
> 
> In united voice, we sign this petition against passage of S. 314 (the 
> "Communications Decency Act of 1995") for these reasons:
> 
> S. 314 would prohibit not only individual speech that is "obscene, lewd,
> lascivious, filthy, or indecent", but would prohibit any provider of
> telecommunications service from carrying such traffic, under threat of
> stiff penalty.  Even aside from the implications for free speech, this
> would cause an undue - and unjust - burden upon operators of the various
> telecommunications services.  In a time when the citizenry and their
> lawmakers alike are calling for and passing "no unfunded mandates" laws
> to the benefit of the states, it is unfortunate that Congress might seek to
> impose unfunded mandates upon businesses that provide the framework for
> the information age. 
> 
> An additional and important consideration is the technical feasibility of
> requiring the sort of monitoring this bill would necessitate.  The
> financial burden in and of itself - in either manpower or technology to
> handle such monitoring (if even legal under the Electronic Communications
> Privacy Act) - would likely cause many smaller providers to go out of
> business, and most larger providers to seriously curtail their services. 
> 
> The threat of such penalty alone would result in a chilling effect in the
> telecommunications service community, not only restricting the types of
> speech expressly forbidden by the bill, but creating an environment
> contrary to the Constitutional principles of free speech, press, and
> assembly - principles which entities such as the Internet embody as
> nothing has before. 
> 
> By comparison, placing the burden for content control upon each individual
> user is surprisingly simple in the online and interactive world, and there
> is no legitimate reason to shift that burden to providers who carry that
> content.  Unlike traditional broadcast media, networked media is
> comparatively easy to screen on the user end - giving the reader, viewer,
> or participant unparalleled control over his or her own information
> environment.  All without impacting or restricting what any other user
> wishes to access.  This makes regulation such as that threatened by this
> S. 314 simply unnecessary. 
> 
> In addition, during a period of ever-increasing commercial interest in
> arenas such as the Internet, restriction and regulation of content or the
> flow of traffic across the various telecommunications services would have
> serious negative economic effects.  The sort of regulation proposed by this
> bill would slow the explosive growth the Internet has seen, giving the
> business community reason to doubt the medium's commercial appeal. 
> 
> We ask that the Senate halt any further progress of this bill.  We ask 
> that the Senate be an example to Congress as a whole, and to the nation 
> at large - to promote the general welfare as stated in the Preamble to 
> the Constitution by protecting the free flow of information and ideas 
> across all of our telecommunications services.
> 
> 
> ******(3) Instructions for signing the petition
> 
>           ======================================
>           Instructions for Signing This Petition
>           ======================================
> 
> It must first be noted that this is a petition, not a
> vote.  By "signing" it you agree with *all* the requests
> made in the petition.  If you do not agree with everything
> in this petition, then your only recourse is to not sign
> it.
> 
> In addition, all e-mail signatures will be submitted to
> Congress, the President of the United States, and the
> news media.
> 
> Including your full name is optional, but *very highly
> encouraged* as that would add to the effectiveness of the
> petition.  Signing via an anonymous remailer is highly
> discouraged, but not forbidden, as an attempt will be made
> to separately tally signatures from anonymous remailers.
> 
> Because this is a Petition to the U.S. Congress, we ask
> that you state, as instructed below, whether or not you
> are a U.S. citizen.  We do encourage non-U.S. citizens to
> sign, but their signatures will be tallied separately.
> 
> Signing this petition is not hard, but to make sure your
> signature is not lost or miscounted, please follow these
> directions EXACTLY:
> 
> 1) Prepare an e-mail message.  In the main body (NOT the
> Subject line) of your e-mail include the ONE-LINE statement:
> 
> SIGNED <Internet e-mail address> <Full name> <US Citizen>
> 
> You need not include the "<" and ">" characters. 'SIGNED'
> should be capitalized.  As stated above, your full name is
> optional, but highly recommended.  If you do supply your
> name, please don't use a pseudonym or nickname, or your
> first name -- it's better to just leave it blank if it's
> not your full and real name.  If you are a U.S. citizen,
> please include at the end of the signature line a 'YES',
> and if you are not, a 'NO'.  All signatures will be
> tallied whether or not you are a U.S. Citizen
> 
> ****************************************************
> Example: My e-mail signature would be:
> 
> SIGNED dave@kachina.altadena.ca.us Dave C. Hayes YES
> ****************************************************
> 
> 2) Please DON'T include a copy of this petition, nor any
> other text, in your e-mail message.  If you have comments
> to make, send e-mail to me personally, and NOT to the
> special petition e-mail signature address.
> 
> 3) Send your e-mail message containing your signature to
> the following Internet e-mail address and NOT to me:
> 
>               ===========================
>                 s314-petition@netcom.com
>               ===========================
> 
> 4) Within a few days of receipt of your signature, an
> automated acknowledgment will be e-mailed to you for e-mail
> address verification purposes.  You do not need to respond or
> reply to this acknowledgement when you receive it.  We may
> also contact you again in the future should we need more
> information, such as who your House Representative and
> Senators are, which is not asked here as it is unclear
> whether such information is needed.
> 
> Thank you for signing this petition!
> 
> 
> ******(4) Credits
> 
> The petition statement was written by slowdog 
> <slowdog@wookie.net>, super.net.freedom.fighter. 
> 
> The rest of this document mostly collated from the net 
> by Dave Hayes, net.freedom.fighter.
> 
> Much help came from Jon Noring, INFJ and
> self.proclaimed.net.activist who made a few
> suggestions and will be tallying the signatures.
> 
> Thanks to the EFF and CDT for the excellent analysis of
> the bill.
> 
> (p.s., send your signature to s314-petition@netcom.com)
> 
> 
> ******(Appendix) Analysis and text of S. 314
> 
> [This analysis provided by the Center for Democracy and
> Technology, a non-profit public interest organization.
> CDT's mission is to develop and advocate public policies
> that advance Constitutional civil liberties and democratic
> values in new computer and communications technologies.
> For more information on CDT, ask Jonah Seiger
> <jseiger@cdt.org>.]
> 
> CDT POLICY POST 2/9/95
> 
> SENATOR EXON INTRODUCES ONLINE INDECENCY LEGISLATION
> 
> A.  OVERVIEW
> 
> Senators Exon (D-NE) and Senator Gorton (R-WA) have
> introduced legislation to expand current FCC regulations
> on obscene and indecent audiotext to cover *all* content
> carried over all forms of electronic communications
> networks.  If enacted, the "Communications Decency Act of
> 1995" (S. 314) would place substantial criminal liability
> on telecommunications service providers (including
> telephone networks, commercial online services, the
> Internet, and independent BBS's) if their network is used
> in the transmission of any indecent, lewd, threatening or
> harassing messages.  The legislation is identical to a
> proposal offered by Senator Exon last year which failed
> along with the Senate Telecommunications reform bill (S.
> 1822, 103rd Congress, Sections 801 - 804). The text the
> proposed statute, with proposed amendment, is appended at
> the end of this document.
> 
> The bill would compel service providers to chose between
> severely restricting the activities of their subscribers
> or completely shutting down their email, Internet access,
> and conferencing services under the threat of criminal
> liability.  Moreover, service providers would be forced to
> closely monitor every private communication, electronic
> mail message, public forum, mailing list, and file archive
> carried by or available on their network, a proposition
> which poses a substantial threat to the freedom of speech
> and privacy rights of all American citizens.
> 
> S. 314, if enacted, would represent a tremendous step
> backwards on the path to a free and open National
> Information Infrastructure.  The bill raises fundamental
> questions about the ability of government to control
> content on communications networks, as well as the locus
> of liability for content carried in these new
> communications media.
> 
> To address this threat to the First Amendment in digital
> media, CDT is working to organize a broad coalition of
> public interest organizations including the ACLU, People
> For the American Way, and Media Access Project, along with
> representatives from the telecommunications, online
> services, and computer industries to oppose S. 314 and to
> explore alternative policy solutions that preserve the
> free flow of information and freedom of speech in the
> online world.  CDT believes that technological
> alternatives which allow individual subscribers to control
> the content they receive represent a more appropriate
> approach to this issue.
> 
> 
> B.  SUMMARY AND ANALYSIS OF S. 314
> 
> S. 314 would expand current law restricting indecency and
> harassment on telephone services to all telecommunications
> providers and expand criminal liability to *all* content
> carried by *all* forms of telecommunications networks.
> The bill would amend Section 223 of the Communications Act
> (47 U.S.C. 223), which requires carriers to take steps to
> prevent minors from gaining access to indecent audiotext
> and criminalizes harassment accomplished over interstate
> telephone lines.  This section, commonly known as the
> Helms Amendment (having been championed by Senator Jesse
> Helms), has been the subject of extended Constitutional
> litigation in recent years.
> 
> * CARRIERS LIABLE FOR CONDUCT OF ALL USERS ON THEIR
>   NETWORKS
> 
> S. 314 would make telecommunication carriers (including
> telephone companies, commercial online services, the
> Internet, and BBS's) liable for every message, file, or
> other content carried on its network -- including the
> private conversations or messages exchanged between two
> consenting individuals.
> 
> Under S. 314, anyone who "makes, transmits, or otherwise
> makes available any comment, request, suggestion,
> proposal, image, or other communication" which is
> "obscene, lewd, lascivious, filthy, or indecent" using a
> "telecommunications device" would be subject to a fine of
> $100,000 or two years in prison (Section (2)(a)).
> 
> In order to avoid liability under this provision, carriers
> would be forced to pre-screen all messages, files, or
> other content before transmitting it to the intended
> recipient.  Carriers would also be forced to prevent or
> severely restrict their subscribers from communicating
> with individuals and accessing content available on other
> networks.
> 
> Electronic communications networks do not contain discrete
> boundaries.  Instead, users of one service can easily
> communicate with and access content available on other
> networks.  Placing the onus, and criminal liability, on
> the carrier as opposed to the originator of the content,
> would make the carrier legally responsible not only for
> the conduct of its own subscribers, but also for content
> generated by subscribers of other services.
> 
> This regulatory scheme clearly poses serious threats to
> the free flow of information throughout the online world
> and the free speech and privacy rights of individual
> users.  Forcing carriers to pre-screen content would not
> only be impossible due to the sheer volume of messages, it
> would also violate current legal protections.
> 
> * CARRIERS REQUIRED TO ACT AS PRIVATE CENSOR OF ALL
>   PUBLIC FORUMS AND ARCHIVES
> 
> S. 314 would also expand current restrictions on access to
> indecent telephone audiotext services by minors under the
> age of 18 to cover similar content carried by
> telecommunications services (such as America Online and
> the Internet).  (Sec (a)(4)).
> 
> As amended by this provision, anyone who, "by means of
> telephone or telecommunications device, makes, transmits,
> or otherwise makes available (directly or by recording
> device) any indecent communication for commercial purposes
> which is available to any person under the age of 18 years
> of age or to any other person without that person's
> consent, regardless of whether the maker of such
> communication placed the call or initiated the
> communication" would be subject of a fine of $100,000 or
> two years in prison.
> 
> This would force carries to act as private censors of all
> content available in public forums or file archives on
> their networks.  Moreover, because there is no clear
> definition of indecency, carriers would have to restrict
> access to any content that could be possibly construed as
> indecent or obscene under the broadest interpretation of
> the term. Public forums, discussion lists, file archives,
> and content available for commercial purposes would have
> to be meticulously screened and censored in order to avoid
> potential liability for the carrier.
> 
> Such a scenario would severely limit the diversity of
> content available on online networks, and limit the
> editorial freedom of independent forum operators.
> 
> ADDITIONAL NOTABLE PROVISIONS
> 
> * AMENDMENT TO ECPA
> 
> Section (6) of the bill would amend the Electronic
> Communications Privacy Act (18 USC 2511) to prevent the
> unauthorized interception and disclosure of "digital
> communications" (Sec. 6).  However, because the term
> "digital communication" is not defined and 18 USC 2511
> currently prevents unauthorized interception and
> disclosure of "electronic communications" (which includes
> electronic mail and other forms of communications in
> digital form), the effect of this provision has no clear
> importance.
> 
> * CABLE OPERATORS MAY REFUSE INDECENT PUBLIC ACCESS
>   PROGRAMMING
> 
> Finally, section (8) would amend sections 611 and 612 of
> the Communications Act (47 USC 611 - 612) to allow any
> cable operator to refuse to carry any public access or
> leased access programming which contains "obscenity,
> indecency, or nudity".
> 
> C.  ALTERNATIVES TO EXON: RECOGNIZE THE UNIQUE USER
>     CONTROL CAPABILITIES OF INTERACTIVE MEDIA
> 
> Government regulation of content in the mass media has
> always been considered essential to protect children from
> access to sexually-explicit material, and to prevent
> unwitting listeners/views from being exposed to material
> that might be considered extremely distasteful.  The
> choice to protect children has historically been made at
> the expense of the First Amendment ban on government
> censorship.  As Congress moves to regulate new interactive
> media, it is essential that it understand that interactive
> media is different than mass media.  The power and
> flexibility of interactive media offers a unique
> opportunity to enable parents to control what content
> their kids have access to, and leave the flow of
> information free for those adults who want it.  Government
> control regulation is simply not needed to achieve the
> desired purpose.
> 
> Most interactive technology, such as Internet browsers and
> the software used to access online services such as
> America Online and Compuserve, already has the capability
> to limit access to certain types of services and selected
> information.  Moreover, the electronic program guides
> being developed for interactive cable TV networks also
> provide users the capability to screen out certain
> channels or ever certain types of programming.  Moreover,
> in the online world, most content (with the exception of
> private communications initiated by consenting
> individuals) is transmitted by request.  In other words,
> users must seek out the content they receive, whether it
> is by joining a discussion or accessing a file archive.
> By its nature, this technology provides ample control at
> the user level.  Carriers (such as commercial online
> services, Internet service providers) in most cases act
> only as "carriers" of electronic transmissions initiated
> by individual subscribers.
> 
> CDT believes that the First Amendment will be better
> served by giving parents and other users the tools to
> select which information they (and their children) should
> have access to.  In the case of criminal content the
> originator of the content, not the carriers, should be
> responsible for their crimes.  And, users (especially
> parents) should be empowered to determine what information
> they and their children have access to.  If all carriers
> of electronic communications are forced restrict content
> in order to avoid criminal liability proposed by S. 314,
> the First Amendment would be threatened and the usefulness
> of digital media for communications and information
> dissemination would be drastically limited.
> 
> 
> D.  NEXT STEPS
> 
> The bill has been introduced and will next move to the
> Senate Commerce Committee, although no Committee action
> has been scheduled.  Last year, a similar proposal by
> Senator Exon was approved by the Senate Commerce committee
> as an amendment to the Senate Telecommunications Bill (S.
> 1822, which died at the end of the 103rd Congress).  CDT
> will be working with a wide range of other interest groups
> to assure that Congress does not restrict the free flow of
> information in interactive media.
> 
> 
> TEXT OF 47 U.S.C. 223 AS AMENDED BY S. 314
> 
> **NOTE:         [] = deleted
>                 ALL CAPS = additions
> 
> 47 USC 223 (1992)
> 
> Sec. 223.  [Obscene or harassing telephone calls in the District
> of Columbia or in interstate or foreign communications]
> 
> OBSCENE OR HARASSING UTILIZATION OF TELECOMMUNICATIONS
> DEVICES AND FACILITIES IN THE DISTRICT OF COLUMBIA OR IN
> INTERSTATE OR FOREIGN COMMUNICATIONS"
> 
>    (a) Whoever--
> 
>    (1) in the District of Columbia or in interstate or foreign
> communication by means of [telephone] TELECOMMUNICATIONS
> DEVICE--
> 
>    (A) [makes any comment, request, suggestion or proposal]
> MAKES, TRANSMITS, OR OTHERWISE MAKES AVAILABLE ANY COMMENT,REQUEST,
> SUGGESTION, PROPOSAL, IMAGE, OR OTHER COMMUNICATION which is
> obscene, lewd, lascivious, filthy, or indecent;
> 
>    [(B) makes a telephone call, whether or not conversation ensues,
> without disclosing his identity and with intent to annoy, abuse,
> threaten, or harass any person at the called number;]
> 
> 
> "(B) MAKES A TELEPHONE CALL OR UTILIZES A TELECOMMUNICATIONS
> DEVICE, WHETHER OR NOT CONVERSATION OR COMMUNICATIONS
> ENSUES,WITHOUT DISCLOSING HIS IDENTITY AND WITH INTENT TO ANNOY,
> ABUSE, THREATEN, OR HARASS ANY PERSON AT THE CALLED NUMBER OR WHO
> RECEIVES THE COMMUNICATION;
> 
> 
>    (C) makes or causes the telephone of another repeatedly or
> continuously to ring, with intent to harass any person at the
> called number; or
> 
>    [(D) makes repeated telephone calls, during which conversation
> ensues, solely to harass any person at the called number; or]
> 
> (D) MAKES REPEATED TELEPHONE CALLS OR REPEATEDLY INITIATES
> COMMUNICATION WITH A TELECOMMUNICATIONS DEVICE, DURING WHICH
> CONVERSATION OR COMMUNICATION ENSUES, SOLELY TO HARASS ANY PERSON
> AT THE CALLED NUMBER OR WHO RECEIVES THE COMMUNICATION,
> 
>    (2) knowingly permits any [telephone facility]
> TELECOMMUNICATIONS FACILITY under his control to be used
> for any purpose prohibited by this section, shall be fined not more
> than $[50,000]100,000 or imprisoned  not more than [six months] TWO
> YEARS, or both.
> 
>    (b)(1) Whoever knowingly--
> 
>    (A) within the United States, by means of [telephone]
> TELECOMMUNICATIONS DEVICCE, makes (directly or by recording device)
> any obscene communication for commercial purposes to any person,
> regardless of whether the maker of such communication placed the
> call or INITIATED THE COMMUNICATION; or
> 
>   (B) permits any [telephone facility] TELECOMMUNICATIONS
> FACILITY under such person's control to be used for an activity
> prohibited by subparagraph (A), shall be fined in accordance with
> title 18, United States Code, or imprisoned not more than two
> years, or both.
> 
>    (2) Whoever knowingly--
> 
>    (A) within the United States, [by means of telephone],
> makes BY MEANS OF TELEPHONE OR TELECOMMUNICATIONS DEVICE, MAKES,
> TRANSMITS, OR MAKES AVAILABLE(directly or by recording device) any
> indecent communication for commercial purposes which is available
> to any person under 18 years of age or to any other person without
> that person's consent, regardless of whether the maker of such
> communication placed the call OR INITIATED THE COMMUNICATION; or
> 
> 
>    (B) permits any [telephone facility] TELECOMMUNICATIONS
> FACILITY under such person's control to be used for an activity
> prohibited by subparagraph (A), shall be fined not more than
> $[50,000] 100,000 or imprisoned not more than [six months]
> TWO YEARS, or both.
> 
> 
>    (3) It is a defense to prosecution under paragraph (2) of this
> subsection that the defendant restrict access to the prohibited
> communication to persons 18 years of age or older in accordance
> with subsection (c) of this section and with such procedures as the
> Commission may prescribe by regulation.
> 
>    (4) In addition to the penalties under paragraph (1), whoever,
> within the United States, intentionally violates paragraph
> (1) or (2) shall be subject to a fine of not more than $[50,000]
> 100,000 for each violation. For purposes of this paragraph, each
> day of violation shall constitute a separate violation.
> 
>    (5)(A) In addition to the penalties under paragraphs (1), (2),
> and (5), whoever, within the United States, violates paragraph (1)
> or (2) shall be subject to a civil fine of not more than $[50,000]
> 100,000 for each violation. For purposes of this paragraph, each
> day of violation shall constitute a separate violation.
> 
>    (B) A fine under this paragraph may be assessed either--
> 
>    (i) by a court, pursuant to civil action by the Commission or
> any attorney employed by the Commission who is designated by the
> Commission for such purposes, or
> 
>    (ii) by the Commission after appropriate administrative
> proceedings.
> 
>    (6) The Attorney General may bring a suit in the appropriate
> district court of the United States to enjoin any act or practice
> which violates paragraph (1) or (2). An injunction may be granted
> in accordance with the Federal Rules of Civil Procedure.
> 
>    (c)(1) A common carrier within the District of Columbia or
> within any State, or in interstate or foreign commerce, shall not,
> to the extent technically feasible, provide access to a
> communication specified in subsection (b) from the
> telephone of any subscriber who has not previously requested in
> writing the carrier to provide access to such communication if the
> carrier collects from subscribers an identifiable charge for such
> communication that the carrier remits, in whole or in part, to the
> provider of such communication.
> 
>    (2) Except as provided in paragraph (3), no cause of action may
> be brought in any court or administrative agency against any common
> carrier, or any of its affiliates, including their officers,
> directors, employees, agents, or authorized representatives on
> account of--
> 
>    (A) any action which the carrier demonstrates was taken in good
> faith to restrict access pursuant to paragraph (1) of this
> subsection; or
> 
>    (B) any access permitted--
> 
>    (i) in good faith reliance upon the lack of any representation
> by a provider of communications that communications provided by
> that provider are communications specified in subsection (b), or
> 
>    (ii) because a specific representation by the provider did not
> allow the carrier, acting in good faith, a sufficient period to
> restrict access to communications described in subsection (b).
> 
>    (3) Notwithstanding paragraph (2) of this subsection, a provider
> of communications services to which subscribers are denied access
> pursuant to paragraph (1) of this subsection may bring an action
> for a declaratory judgment or similar action in a court. Any such
> action shall be limited to the question of whether the
> communications which the provider seeks to provide fall within
> the category of communications to which the carrier will provide
> access only to subscribers who have previously requested such
> access.
> 
> *********************************************
> 
> NOTE: This version of the text shows the actual text of current law as
> it would be changed.  For the bill itself, which consists of unreadable
> text such as:
> 
> [...]
>              (1) in subsection (a)(1)--
>                     (A) by striking out `telephone' in the matter above
>                   subparagraph (A) and inserting `telecommunications device';
>                     (B) by striking out `makes any comment, request,
>                   suggestion, or proposal' in subparagraph (A) and inserting
>                   `makes, transmits, or otherwise makes available any
>                   comment, request, suggestion, proposal, image, or other
>                   communication';
>                     (C) by striking out subparagraph (B) and inserting the
>                   following:
>                     `(B) makes a telephone call or utilizes a
> [...]
> 
> See:
> 
> ftp.eff.org, /pub/EFF/Legislation/Bills_new/s314.bill
> gopher.eff.org, 1/EFF/Legislation/Bills_new, s314.bill
> http://www.eff.org/pub/EFF/Legislation/Bills_new/s314.bill
> 
> ************** End of Petition Statement ************************
> 
> 
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-- 
David Josephson / Josephson Engineering / San Jose CA / david@josephson.com

