response 115 of 316:

Jun 23 05:13 UTC 1999

                                        Cyberspace Communications, Inc.
                                        P.O. Box 4432, Ann Arbor, MI 48103
                                        Contact: Mary Remmers (734) ###-####
                                                 mary@cyberspace.org

PRESS RELEASE

For release June 23rd, 1999

Cyberspace Communications Joins ACLU to Block Censorship Law

ANN ARBOR, MICHIGAN -- Cyberspace Communications, Inc., an Ann Arbor-based 
non-profit corporation that operates the online community "Grex" 
(www.cyberspace.org), has joined a suit to block the implementation of 
Michigan Public Act 33 of 1999 (The Child Online Protection Act), which makes 
it illegal to transmit "sexually explicit" material to minors.  The Act is 
scheduled to go into effect on August 1st, 1999.  Other plaintiffs in the suit 
include the American Civil Liberties Association, Art on the Net, Web Del Sol, 
and the AIDS Partnership of Michigan. 

Grex is an open-access online community, with a charitable mission and an all-
volunteer staff, which hosts electronic discussions.  It opposes the new law 
because the law is too broad (it would criminalize transmission over the 
Internet of many scenes which are shown on broadcast television), and it 
erodes the First Amendment right to free speech.  It would also require all 
sites on the Internet which host discussions to validate the identities of all 
participants and censor any material visible to minors which is "sexually 
explicit."  Validation and censorship would stifle a lot of healthy 
discussion, beyond what the law is meant to cover.  And small "grass roots" 
organizations such as Grex, which cannot afford to pay validators or censors, 
would be forced to shut down. 

THE LAW IS TOO BROAD

"It is an understandable desire to want to protect children from what some
people see as unhealthy influences," says Mary Remmers, spokesperson for 
Cyberspace Communications.  "We have existing laws about pornography and 
obscenity to do that.  This law, however, is broad enough that 'sexually 
explicit' material may include discussions of rape, AIDS, safe sex, 
pornography laws, prostitution, and other topics which people are entitled to 
discuss openly and frankly.  The law encompasses even clinical discussions of 
sexual issues, not just material designed to shock and titillate." 

"It would be bad enough if this were the only material affected, but a law to
outlaw one kind of speech inevitably affects other kinds.  People afraid of
saying the wrong thing will avoid getting close to a topic that might get them
in trouble.  The result is a widespread 'chilling effect' on free speech."

ENFORCING THE LAW WOULD REQUIRE VALIDATION AND CENSORSHIP

"In order to avoid prosecution under this act, Grex would have to authenticate 
all users and censor sexually explicit material," says John Remmers, president 
of Cyberspace Communications.  In cyberspace, unlike in person, it is 
impossible to tell who is a minor and who is not.  To comply with the law, 
open-access discussion systems would be required to collect ID from every 
participant, and then to censor areas which are accessible to minors. 

"One of the ways Grex fosters lively debate is by encouraging any and all to
participate and share their point-of-view," says Mary Remmers.  "Insisting 
participants first register, then wait for an ID check, then submit their 
comments to moderators who would filter for content, would clearly limit 
participation and stifle discussion."

"It's well-established legally that free speech isn't really free unless it 
can be made anonymously," says Mark Conger, a Cyberspace Communications board 
member.  It is against Grex policy to censor content or to insist that people 
identify themselves.  "We have found time and again that the best answer to 
speech you don't agree with is to rebut it, not to censor it." 

VALIDATION AND CENSORSHIP ARE NOT FEASIBLE

Even if censorship were an acceptable solution, it would not be feasible for 
an organization the size of Grex.  Grex is a "grass roots" institution run 
entirely by volunteers.  Its 1998 income was approximately $8200, which came 
almost entirely from donations.  (The IRS has designated Cyberspace 
Communications a 501(c)3 charitable institution, so donations are tax-
deductible.)  Almost all of that money goes to pay utility bills to keep the 
system running.  Grex has no money to pay censors or validators, and yet it 
has 29,000 users who post about 200 long messages and 5000 short ones every 
day.  It would be logistically impossible to get volunteers to do the work of 
censoring that material and validating the 200 people who create accounts 
daily.

Putting organizations like Grex out of business has long-range implications 
for free speech.  "One of the great advantages of the Internet is that an 
organization like Grex with a shoestring budget can be home to a community of 
thousands of people," says Mary Remmers.  "If only large organizations with 
lots of resources could afford to host discussion forums, then all discussion 
would be limited by the biases and agendas of those organizations.  Pressure 
from advertisers and shareholders might influence their censorship decisions.  
Under those conditions, speech is no longer free." 

---------------------------------------

Cyberspace Communications is a 501(c)3 charitable institution founded in Ann 
Arbor, Michigan in 1991.  Its mission is to run the online system Grex (which 
means "group" in Latin) in order to foster free speech and community, and give 
Internet access to people who cannot afford to pay for it.  Grex hosts forums 
on such topics as music, the arts, cooking, writing, consumer information, 
finance, small businesses, philosophy, living with disabilities, men's and 
women's issues, and games.  Anyone with a computer and modem or access to the 
Internet can use Grex for free, anonymously if they wish.  Funding comes 
almost entirely from donations, which are tax-deductible.  Grex gets no money 
from advertising.  Because Internet bandwidth is limited, users are not 
allowed to store pictures on Grex. 

For more information on Grex, visit http://www.cybersace.org.