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CITIZENS                                                                     
INTERNET                                                                     
EMPOWERMENT                                                                  
COALITION                                                                    
1634 EYE STREET NW, SUITE 1100                                               
WASHINGTON, DC. 20006                                                        
(202) 637-9800                                                               
FAX (202) 637-0968                                                           
                                                                             
Management Committee:                                                        
Jerry Berman,CDT                                                             
William Burrington,AOL                                                       
Judith Krug,ALA                                                              
                                                                             
Citizens Internet Empowerment Coalition Litigation Fact Sheet                
March 1996                                                                   
                                                                             
In response to the indecency restrictions imposed on the Internet            
by the Communications Decency Act (CDA), the Citizens Internet Empowerment   
Coalition has been formed to challenge the law as violative of the First     
Amendment.                                                                   
                                                                             
The Citizens Internet Empowerment Coalition (CIEC)  is a large and           
diverse group of organizations who share the common goal of protecting the   
First Amendment and the viability of the Internet in the 21st century.  Its  
35 organizational members include libraries, book publishers, newspaper      
publishers, editors, advertisers, commercial online service providers,       
Internet access providers, non-profit groups, and civil liberties            
advocates.  Over 10,000 individual Internet users have also joined the CIEC  
effort. The CIEC is coordinated by the Center for Democracy and Technology,  
America Online, and the American Library Association.                        
                                                                             
The primary goal of the coalition lawsuit is to establish in                 
constitutional jurisprudence that the Internet is a unique communications    
medium, deserving unique First Amendment protection -- that it is unlike     
the broadcast medium and, should receive at least the same broad protection  
afforded to the print media.  Coalition members believe that children can    
be protected from inappropriate material online with the help of blocking    
and filtering technology now available.  Parents, not the United States      
Government, are the best and most appropriate judges of what material is     
appropriate for themselves and their children.                               
                                                                             
The Coalition law suit, ALA v. United States Department of Justice           
et al.  was filed on February 26, with a Preliminary Injunction Motion       
filed later on March 1.  The suit,  handled by Bruce Ennis of  the law firm  
of Jenner and Block in Washington D.C. , has been consolidated with one      
filed earlier by the ACLU challenging the CDA. A three-judge court convened  
by the Federal Third Circuit Court of Appeal in Philadelphia will hear       
evidence in the consolidated case through the middle of April, with a        
decision expected soon after. The case will then go directly to the United   
States Supreme Court.                                                        
                                                                             
Educating The Court On The Nature Of The Internet And Alternatives To        
Censorship                                                                   
                                                                             
CIEC's complaint and memorandum in support of motion for                     
preliminary injunction detail the history of the Internet and outlines how   
the network operates.  The CIEC intends to educate the court on how the      
Internet functions and why the broad content regulations imposed by the CDA  
threaten the very existence of the Internet as a viable medium for free      
expression, education, and commerce.  Among other things, the CIEC           
challenge argues that:                                                       
                                                                             
*       The Internet is a unique communications medium which deserves First  
Amendment protections at least as broad as those afforded to print media.    
                                                                             
*       In light of the unique nature of the Internet, the CDA's effort to   
graft old dial-a-porn regulations onto the Internet amounts to a total ban   
on a vast amount of constitutionally protected speech between adults.        
                                                                             
*       The CDA will be ineffective at protecting children from "indecent"   
or   "patently" offensive material on the "world-wide" web. The net is       
global.                                                                      
                                                                             
*       Individual users and parents, not the Federal Government, should     
determine for themselves and their children what material comes into their   
homes based on their own tastes and values.  Easy to use and effective       
blocking software and services are readily available for this purpose.       
                                                                             
The full text of the CIEC complaint, along with other relevant background    
information, and information on how you can participate in this landmark     
case, can be found on the CIEC World Wide Web Page at                        
<http://www.cdt.org/ciec/>                                                   
                                                                             
Impact of the Communications Decency Act                                     
                                                                             
Liability under the Communications Decency Act (CDA) extends from            
commercial and non-commercial content providers, web site operators,         
libraries, universities, and online service providers who host or provide    
material which violates the indecency ban.  Although this case involves a    
ban on indecent communication on the Internet, the way the Supreme Court     
resolves that issue will effectively resolve the constitutionality of a      
later ban on offensive, violent, hateful or otherwise unwanted               
communications online.  In order to assure that Internet can continue to be  
a forum for the free exchange of valuable information and ideas, free from   
onerous and chilling censorship, we are challenging the indecency            
restrictions contained in the Communications Decency Act.                    
                                                                             
                                                                             
Relationship with Other CDA Challenges                                       
                                                                             
The CIEC challenge is separate from the case brought by the ACLU,            
EFF, EPIC, Planned Parenthood, and several other plaintiffs in the same      
Philadelphia court on February 8, 1996.  CIEC is working closely with ACLU   
attorneys and the two cases have recently been consolidated.  The CIEC case  
will reinforce the ACLU's efforts while focusing on the unique nature of     
the Internet and alternatives to government content regulations.             
                                                                             
Membership in the Coalition                                                  
                                                                             
The Citizens Internet Empowerment Coalition is a large and diverse           
group of Internet users, businesses, non-profit groups, and civil liberties  
advocates who share the common goals of protecting the First Amendment and   
the viability of the Internet as a means of free expression, education, and  
commerce.                                                                    
                                                                             
Named Plaintiffs In The CIEC Challenge                                       
                                                                             
American Library Association                                                 
America Online, Inc.                                                         
American Booksellers Association                                             
American Booksellers Foundation for Free Expression                          
American Society of Newspaper Editors                                        
Association of American Publishers                                           
Association of Publishers, Editors and Writers                               
Citizens Internet Empowerment Coalition                                      
Commercial Internet eXchange                                                 
Compuserve Information Services, Inc.                                        
Families Against Internet Censorship                                         
Freedom to Read Foundation                                                   
HotWired Ventures Ltd.                                                       
Interactive Digital Software Association                                     
Interactive Services Association                                             
Magazine Publishers of America                                               
Microsoft Corporation                                                        
Microsoft Network                                                            
NETCOM On-line Communications Services, Inc.                                 
Newspaper Association of America                                             
Prodigy Services Company, Inc.                                               
Society of Professional Journalists                                          
Wired Ventures Ltd.                                                          
                                                                             
Other Members Of The Citizens Internet Empowerment Coalition Plaintiff       
                                                                             
Americans for Tax Reform                                                     
Association of American University Presses, Inc.                             
Association of National Advertisers                                          
Association of Research Librarians                                           
Center for Democracy and Technology                                          
Coalition for Networked Information                                          
Media Access Project                                                         
Media Institute                                                              
Microsystems Software, Inc.                                                  
National Assoc. of State Universities & Land Grant Colleges                  
People for the American Way                                                  
Recording Industry Association of America                                    
Special Libraries Association                                                
Surfwatch Software, Inc.                                                     
University of California Santa Barbara Library                               
Over 22,000 Individual Internet Users                                        
                                                                             
                                                                             
                                                                             
Center for Democracy and Technology                                          
1634 Eye Street NW Suite 1100                                                
Washington, DC 20006                                                         
(202) 637-9800 F: (202) 637-0968                                             
email: jberman@cdt.org                                                       
http:/www.cdt.org/                                                           
                                                                             
* PROTECT THE INTERNET AND THE FUTURE OF FREE SPEECH IN THE INFORMATION AGE *
Join the legal challenge against the Communications Decency Act!             
For More Information, Visit the CIEC Web Page                                
http://www.cdt.org/ciec/                                                     
or email <ciec-info@cdt.org>                                                 

