We've received some calls and messages from people professing to support the Communications Decency Amendment to the Telecom Bill. In every case so far, these skeptics have told us that they support the bill because (they believe) it "gets rid of smut" or "protects children". These assumptions are false.

Below are links to several documents such skeptics should look at.

EFF does not advocate the distribution of obscenity or child pornography, and neither does the rest of the free speech movement. The Comm. Decency Act is not about child porn, it is not about protecting children from online stalkers, and it is not about illegalizing online pornography. All of these are already illegal, online or offline.

The Comm Decency Act is a ban on "indecent" material online. "Indecency" is not obscenity (pornography). Indecency can most easily be described as what makes a PG-rated movie PG instead of G. Indecency is the word "piss" (which occurs at least 7 times in the King James Bible). Indecency is material that is protected under the First Amendment, even though some people find it offensive to one degree or another. Contrast this with obscenity, which has been ruled by the Supreme Court to not be protected expression at all. Again, obscenity (pornography) is and always has been illegal to post online. In a May 3, 1995 letter to Sen. Leahy, the Justice Department itself opposed the Comm. Decency Act, saying the CDA "would significantly thwart enforcement of existing laws regarding obscenity and child pornography, create several ways for distributors and packagers of obscenity and child pornography to avoid criminal liability, and threaten important First Amendment and privacy rights."

WE AGREE WITH YOU that child pornography is bad. We agree with you that children and adults should not have to be subjected to material that offends them. But the Comm. Decency Act does not address these problems at all, and actively hinders real solutions to them. For more information on real solutions, please see the EFF Online Filter & Ratings Archive (link below).

Remember: Support for the stated goals of an action (such as this legislation) does not require support for all bad ideas that pretend to acheive that goal (again, such as this legislation.) The Comm. Decency Act is a product of political gamesmanship. It is a sham, and it is unconstititional. You have been directly misled by the legislators and lobbyists who sponsored this bill - they do not care about actually protecting children, they care about money, press coverage, political power and votes. Please remember that you have to make up your own mind. Don't let lobbyists' press releases make it up for you. Check the facts below if you remain skeptical. Look it up, and find the truth about this terrible legislation.

More Information

Please review these articles, papers and archives if you think you should support the Comm. Decency Act. You may be surprised.