IP: Sen. Kyl's views on how the Feds should yank Net access

[Dave Farber <farber@cis.upenn.edu>]

>Pretty soon the freedom of speach will vanish along with the rest of our 
>freedoms


Dave

>Date: Fri, 03 Dec 1999 15:12:11 -0500
>To: politech@vorlon.mit.edu
>From: Declan McCullagh <declan@well.com>
>
>
>Here's info on a Freedom Forum media and violence debate next week (the
>person taking the pro-free speech side is a longtime politechnical):
>   http://www.freedomforum.org/first/1999/12/9ombudevent.asp
>
>
> >From: MerrittDC@aol.com
> >Date: Thu, 2 Dec 1999 08:04:32 EST
> >Subject: Govt-Mandated Suspension of Internet Access
> >To: declan@well.com
> >
> >
> >Declan --
> >
> >My name is David Safavian. We met yesterday at the CSE event.
> >
> >Per our discussion, I have jotted down the language of the Kyl bill that
> >treats internet access as a government granted privilege (which can be
> >suspended by the government at will), rather than the civil right of the 
> new
> >century.  Specifically, Page 21, Line 8 of S. 692 states:
> >
> >[US courts shall have the authority, upon petition from qualified law
> >enforcement agencies to issue:]
> >
> >"(I) an order restraining the provider from
> >providing access to an identified subscriber
> >of the sustem or netowrk  of the interactive
> >computer services provider, if the court
> >determines that there is probable cause to
> >believe that such subscriber is using that
> >access to violate [the gambling prohibition]
> >. . . , by terminating the specific account of
> >the subscriber."
> >
> >
> >This seems to pose at least two significant problems:
> >
> >(1) A state attorney general could seek to turn off my internet access not
> >with a successful prosecution (proof beyond a reasonable doubt), but 
> instead
> >with a lesser showing merely of "probable cause."
> >
> >(2) Will this set the precedent for other politically incorrect 
> activities?
> >What happens if Matt Drudge is sued for slander?  Will this lead to the
> >government utilizing internet access as a carrot (or loss of net access 
> as a
> >stick) to modify behavior?
> >
> >Regardless of one's views of gambling, this seems to have been 
> overlooked by
> >most technology commentators.  Equally disturbing is the fact that many 
> ISPs
> >are complicit by negotiating these terms with Senator Kyl.  They seem to
>have
> >put their interests above those of their subscribers.
> >
> >Any thoughts?
> >
> >David Safavian
>
>
>
>
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