Online Policy Group, Seth Finkelstein Submit CIPA Court Brief
http://onlinepolicy.org/media/cipasupreme030210.shtml
San Francisco - The Online Policy Group (OPG) and software expert Seth Finkelstein today submitted a brief to the U.S. Supreme Court supporting a lower court decision that the Children's Internet Protection Act (CIPA) places unconstitutional limitations on free speech of library patrons by requiring the use of technology protection measures in libraries receiving certain federal funding or discounts.
Media Release: U.S. Supreme Court Considers Internet Blocking in Libraries
For Immediate Release: Monday, February 10, 2003
Contact:
Will Doherty
Executive Director
Online Policy Group
press[at-sign]onlinepolicy.org
Seth Finkelstein
EFF 2001 Pioneer Award Winner
sethf[at-sign]sethf.com
Daniel Bromberg
Attorney
Jones Day
dhbromberg[at-sign]JonesDay.com
U.S. Supreme Court Considers Internet Blocking in Libraries
Online Policy Group, Seth Finkelstein Submit Court Brief
San Francisco - The Online Policy Group (OPG) and software expert Seth Finkelstein today submitted a brief to the U.S. Supreme Court supporting a lower court decision that the Children's Internet Protection Act (CIPA) places unconstitutional limitations on free speech of library patrons by requiring the use of technology protection measures in libraries receiving certain federal funding or discounts.
OPG and Finkelstein's brief, prepared by attorneys Daniel H. Bromberg, Charles Morse, and Josh Fairfield of the law firm Jones Day, argues that CIPA's technology protection requirement forces libraries to use commercial blocking software. Because blocking software censors speech that receives full First Amendment protection and may discriminate against certain viewpoints, OPG and Finkelstein argue that CIPA should be subject to strict scrutiny.
"Using commercial Internet blocking software to comply with CIPA, libraries force the political, social, and cultural biases of software manufacturers with differing community standards onto library patrons in their own communities," said OPG Executive Director Will Doherty. "Especially for 'controversial' topics -- such as politics, medical health, child abuse, abortion, sexual orientation, and gender identity -- the biases inherent in Internet blocking software are unacceptable."
"Censorware is not filtering, it is electronic book-burning," commented Seth Finkelstein. "It's a pre-slipped slope denying any privacy, since all reading must be monitored."
"Technology is no panacea for those who wish to regulate speech on the Internet," observed Daniel Bromberg. "As CIPA shows, attempts to regulate speech on the Internet through purely technological means can pose special dangers to free speech."
The amicus brief from OPG and Finkelstein accompanies the main legal argument from the American Civil Liberties Union (ACLU) and other plaintiffs in the U.S. government's appeal from a decision of a special three-judge panel striking down the library portion of CIPA on May 31, 2002.
For this media release:
http://www.onlinepolicy.org/media/cipasupreme030210.shtml
OPG/Finkelstein brief to the U.S. Supreme Court:
http://www.onlinepolicy.org/action/legpolicy/cipasupremebrief030210.shtml
ACLU brief to the U.S. Supreme Court:
http://www.eff.org/Legal/Cases/Multnomah_Library_v_US/20030210_multnomah_brief.php
More on Children's Internet Protection Act:
http://www.onlinepolicy.org/action/legpolicy/cipa.shtml
Seth Finkelstein's website:
http://sethf.com/
About OPG:
The Online Policy Group (OPG) is a nonprofit organization dedicated to online policy research, outreach, and action on issues such as access, privacy, and digital defamation. The organization fulfills its motto of "one Internet with equal access to all" through projects such as donation-based email list hosting, web hosting, domain registrations, and now colocation services. OPG focuses on Internet participants' civil liberties and human rights, like access, privacy, safety, and serving schools, libraries, disabled, elderly, youth, women, and sexual, gender, and ethnic minorities. Find out more at http://www.onlinepolicy.org/
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