******** Date: Thu, 9 Aug 2001 09:27:57 -0400 Subject: Cato study: Arguments used against censorship apply to privacy From: "Jerry Brito" <jbritoat_private> CATO INSTITUTE NEWS RELEASE August 9, 2001 ARGUMENTS USED AGAINST CENSORSHIP APPLY TO PRIVACY, STUDY SAYS Pornography censorship, online privacy legislation unconstitutional for same reasons WASHINGTON—A number of prominent civil liberties organizations have fought for free speech rights by challenging and defeating laws aimed at censoring unsavory expression. Among these laws were the Communications Decency Act and the Child Online Protection Act. But a new Cato Institute study finds that these organizations are now advocating regulation of another kind of speech--commercial speech on the Internet. In the new Cato Institute study, "Internet Privacy and Self-Regulation: Lessons from the Porn Wars," Chapman University law professor Tom W. Bell shows how the winning arguments made about decency laws should also apply to proposed privacy legislation that seeks to regulate commercial speech, including the sharing of user data collected by Web sites. Bell writes that the American Civil Liberties Union, the Electronic Privacy Information Center, and the Center for Democracy and Technology successfully challenged the constitutionality of legislation restricting Internet speech classified as indecent or harmful to minors. They did that, he says, "by arguing that the availability of self-help alternatives disqualified such laws as the 'least restrictive means' of regulating constitutionally protected speech." Proposals to regulate Internet privacy merit the same scrutiny, he says. Arguments successfully used against decency legislation--for example, that private alternatives to state action exist--also apply to privacy legislation, Bell says. Much like the "self-help" software that allows parents to filter offensive content, a wide rage of free or low cost privacy protection software is available, he writes. "Such privacy-protecting services differ in one crucial regard from services that try to filter out offensive speech: they work better." In addition, Web site users often say one thing and do another, belying any real privacy crisis. According to Bell, polled Internet users indicate they are concerned about their online privacy and would act to protect their information. What they actually do is different, he says, supplying personal information in exchange for Web site access among other things. Impressed by the polls, however, Congress is entertaining several privacy bills and President Bush has indicated he would sign them. In both the communications decency and privacy debates, Bell says, "the availability of self-help alternatives renders state action suspect on constitutional and policy grounds. The same activist organizations that argue against legislation restricting Internet speech that is indecent or harmful to minors should reconsider their demands for privacy legislation that would restrict speech by commercial entities about Internet users." Cato Briefing Paper no. 65 (http://www.cato.org/pubs/briefs/bp-065es.html) Contact: Tom Bell, associate professor, Chapman University School of Law, 718-628-2503, tomwbellat_private Adam D. Thierer, director of telecommunications policy studies, 202-789-5211, athiererat_private Jerry Brito, manager of media relations, 202-218-4621, jbritoat_private The Cato Institute is a nonpartisan public policy research foundation dedicated to broadening policy debate consistent with the traditional American principles of individual liberty, limited government, free markets and peace. ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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