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Cyberporn and Children: the Scope of the Problem, the State of the Technology, and the Need for Congressional Action

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DOCUMENT RESUME ED 400 779 IR 018 119 TITLE Cyberporn and Children: The Scope of the Problem, the State of the Technology, and the Need for Congressional Action. Hearing on S.892, a Bill To Amend Section 1464 of Title 18, United States Code, To Punish Transmission by Computer of Indecent Material to Minors, before the Committee on the Judiciary, United States Senate. One Hundred Fourth Congress, First Session. INSTITUTION Congress of the U.S., Washington, D.C. Senate Committee on the Judiciary. REPORT NO ISBN-0-16-052623-X; Senate-Hrg-104-438 PUB DATE 24 Jul 95 NOTE 197p.; Serial No. J-104-36. AVAILABLE FROMU.S. Government Printing Office, Superintendent of Documents, Congressional Sales Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS *Access to Information; Censorship; *Child Welfare; Computer Software; Content Analysis; *Federal Legislation; Freedom of Information; Freedom of Speech; *Government Role; Hearings; *Internet; Law Enforcement; Obscenity; Online Vendors; *Pornography; Sexual Abuse IDENTIFIERS Congress 104th; Cyberspace ABSTRACT This document presents witness testiuony and supplemental materials from a Congressional hearing called to address pornography in cyberspace. It features opening statements by Senator Charles E. Grassley and Senator Patrick J. Leahy; and statements by Senators Strom Thurmond, Russell D. Feingold, Orrin G. Hatch, Chairman of the Senate Committee on the Judiciary, Paul Simon, and Herbert Kohl. Testimony is included from three panels of witnesses. The first includes: Donelle Gruff; Patricia W. Shao; and Susan Tillman Elliott, M.D.; all of whom describe experiences with pornography on the Internet. The second panel includes: Barry F. Crimmins, investigative journalist; William W. Burrington, assistant general counsel and director of governmental affairs, America Online, Inc.; and Stephen Balkam, Recreational Software Advisory Council; who discuss the role of online service providers in restricting online child pornography and a content labeling system for violence, nudity/sex, and language for recreational software and other media. The third panel includes: Dee Jepsen, executive director, Enough is Enough Campaign; Michael S. Hart, executive director, Project Gutenberg, and professor of electronic texts, Illinois Benedictine College; and Jerry Berman, executive director, Center for Democracy and Technology; who discuss the issues of censorship and determining which materials are appropriate or inappropriate for children. (SWC) S. HRG. 104-438 CYBERPORN AND CHILDREN: THE SCOPE OF THE PROBLEM, THE STATE OF THE TECH- NOLOGY, AND THE NEED FOR CONGRESSIONAL ACTION HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED FOURTH CONGRESS FIRST SESSION ON S. 892 A BILL TO AMEND SECTION 1464 OF TITLE 18, UNITED STATES CODE, TO PUNISH TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS JULY 24, 1995 Serial No. J-104-36 Printed for the use of the Committee on the Judiciary U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as received from the person or organization originating it. Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this document do not necessarily represent official OERI position or policy. U.S. GOVERNMENT PRINTING OFFICE 24-280 CC WASHINGTON : 1998 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 ISBN 0-16-052623-X 2 BEST COPY AVAILABLE COMMITTEE ON THE JUDICIARY ORRIN G. HATCH, Utah, Chairman STROM THURMOND, South Carolina JOSEPH R. BIDEN, JR., Delaware ALAN K. SIMPSON, Wyoming EDWARD M. KENNEDY, Massachusetts CHARLES E. GRASSLEY, Iowa PATRICK J. LEAHY, Vermont ARLEN SPECTER, Pennsylvania HOWELL HEFLIN, Alabama HANK BROWN, Colorado PAUL SIMON, Illinois FRED THOMPSON, Tennessee HERBERT KOHL, Wisconsin JON KYL, Arizona DIANNE FEINSTEIN, California MIKE DEWINE, Ohio RUSSELL D. FEINGOLD, Wyoming SPENCER ABRAHAM, Michigan MARK R. DISLER, Chief Counsel MANUS COONEY, Staff Director and Senior Counsel CYNTHIA HOGAN, Minority Chief Counsel KAREN ROBB, Minority Staff Director 3 CONTENTS STATEMENTS OF COMMITTEE MEMBERS Page Grass ley, Hon. Charles E., U.S. Senator from the State of Iowa 1 Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont 7, 11 Thurmond, Hon. Strom, U.S. Senator from the State of South Carolina 32 Feingold, Hon. Russell D., U.S. Senator from the State of Wisconsin 33, 35 Hatch, Hon. Orrin G., U.S. Senator from the State of Utah, Chairman of the Senate Committee on the Judiciary 37 Simon, Hon. Paul, U.S. Senator from the State of Illinois 50 Kohl, Hon. Herbert, U.S. Senator from the State of Wisconsin 169 < CHRONOLOGICAL LIST OF WITNESSES Panel consisting of Donelle Gruff, victim, accompanied by Michael Murray, Safety Harbor, FL; Patricia W. Shao, parent, Bethesda, MD; and Susan Tillman Elliott, M.D., parent, McLean, VA 38 Panel consisting of Barry F. Crimmins, investigative journalist, Lakewood, OH; William W. Burrington, assistant general counsel and director ofgov- ernmental affairs, America Online, Inc., Vienna, VA; and Stephen Balkam, Recreational Software Advisory Council, Cambridge, MA 55 Panel consisting of Dee Jepsen, executive director, Enough is Enough Cam- paign, Fairfax, VA; Michael S. Hart, executive director, Project Gutenberg, and professor of electronic texts, Illinois Benedictine College; and Jerry Berman, executive director, Center for Democracy and Technology, Wash- ington, DC 111 ALPHABETICAL LIST AND MATERIAL SUBMITTED Balkam, Stephen: Testimony 92 Prepared statement 94 Berman, Jerry: Testimony 119 Prepared statement 120 Burrington, William W.: Testimony 67 Prepared statement with appendixes A and B 71 Crimmins, Barry F.: Testimony 55 Prepared statement with attachments A through E 58 Elliott, Dr. Susan Tillman: Testimony 41 Exon, Hon. J. James, U.S. Senator from the State of Nebraska 109 Grassley, Hon. Charles E.: Letter from Bruce Fein, attorney at law, July 23, 1995 3 Letter from John C. Harrison, associate professor of law, July 24, 1995 5 Gruff, Donelle: Testimony 38 Hart, Michael S.: Testimony 116 Jepsen, Dee: Testimony 111 Prepared statement 112 Leahy, Hon. Patrick J.: Cato Institute report, "New Age Comstockery: Proposed Censorship of Cyberspace," by Robert Con-Revere 12 Letter to Hon. Janet Reno, Attorney General of the United States, U.S Department of Justice, July 13, 1995 43 4 ry Page Leahy, Hon. Patrick J.Continued Letter from Andrew Fois, Assistant Attorney General, U.S. Department of Justice, July 24, 1995 44 Statement of the Department of Justice: "Brief History of Departmental Efforts To Combat Computer Facilitated Child Sexual Exploitation and Abuse" 45 Letter from Jerry Berman, coordinator, Interactive Working Group, July 24, 1995 128 Interactive Working Group report, "Parental Empowerment, Child Protec- tion, and Free Speech in Interactive Media" 129 Shao, Patricia W.: Testimony 39 APPENDIX PROPOSED LEGISLATION S. 892, a bill to amend section 1464 of title 18, United States Code, to punish transmission by computer of indecent material to minors 155 QUESTIONS AND ANSWERS Responses to written questions of Senator Grass ley from Jerry Berman, exec- utive director, Center for Democracy and Technology 160 Written questions of Senator Leahy to Dee Jepsen, executive director, Enough is Enough Campaign 163 Responses to written questions of Senator Leahy from Dee Jepsen 164 ADDITIONAL SUBMISSIONS FOR THE RECORD Statement of William Moroney, president, Electronic Messaging Association 170 Memorandum from Wiley, Rein & Fielding, analysis of S. 892 176 Statement of Mike Godwin, staff counsel, Electronic Frontier Foundation, including various letters of concerned citizens 176 News release of the Family Research Council to protect families from porn on the Internet 186 Statement of Heidi Stirrup, director, Governmental Relations, Christian Coalition 187 Lawrence C. Stewart, chief technology officer, Open Market, Inc., Cam- bridge, MA 187 America Online's Parental Control Methods 188 5 CYBERPORN AND CHILDREN: TEE SCOPE OF THE PROBLEM, THE STATE OF THE TECH- NOLOGY, AND THE NEED FOR CONGRES- SIONAL ACTION MONDAY, JULY 24, 1995 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The committee met, pursuant to notice, at 2:08 p.m., in room SD-226, Dirksen Senate Office Building, Hon. Charles E. Grass ley, presiding. Also present: Senators Thurmond, De Wine, Leahy, Simon, Fein- gold, and Exon. OPENING STATEMENT OF HON. CHARLES E. GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Senator GRASSLEY [presiding]. Good afternoon, everybody. At the outset, I want to welcome everyone to the first ever congressional hearing on the topic of pornography in cyberspace. This issue is one of the more important and difficult issues facing Congress today. I have introduced the Protecting Children from Computer Pornog- raphy Act of 1995 which targets this problem, I think in a reason- able and disciplined way. Fundamentally, the controversy this committee faces today is about how much protection we are willing to extend to children. Sadly, this has become a dangerous country in which to raise a family. Certainly there is far more for parents to worry about now than when I was a child or, more recently, a parent raising kids. Playgrounds have become hunting grounds for child molesters. Schools have become places where drugs are rampant. Teenage pregnancy is on the rise. Just look at the recent polls. Teenage drug use is way up, and teen pregnancy rates are at near epidemic proportions. Until very recently, parents could breathe a little easier in their own homes. After all, the home is supposed to be safe and is sup- posed to be a barrier between your children and the dark forces which seek to corrupt and destroy our youth. But enter the [nternet and other computer networks. Suddenly, now not even the tome is safe. Now the dark forces which were once stopped by the 'ront door have found their way into the home through personal :omputers. Something needs to be done. (1) 6 2 Now, I do not pretend to have all the answers.
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