Victoria7
March 14th, 2001, 09:23
Reproduced in the feeling of fair use :):
ST. LOUIS POST-DISPATCH
MAY 13, 2001
Attempts to govern the Internet raise concerns about feasibility, free speech
By Kevin McDermott
Post-Dispatch Springfield bureau
SPRINGFIELD, Ill. - Internet users of the future will likely find the World Wide Web cheaper, faster and as common and accessible as television.
But they could also find more restrictions, less anonymity and - taxes.
This year, as in the past several years, the Illinois and Missouri legislatures both are flooded with bills proposing to expand, prohibit, monitor, criminalize, protect or tax various corners of cyberspace. It has become an annual rite in statehouses across the nation and in Congress, as traditional politics struggles to keep up with mercurial technology.
Most of the measures won't pass. First Amendment and interstate commerce issues will sink some, while others will be deemed technologically unworkable.
But legal and technological experts say the attempt to govern the ungoverned Internet will likely continue until there is consensus on what the rules should be.
"I'm concerned because politicians sometimes don't have the depth of understanding they need to make informed decisions about Internet law," said Ray Schroeder, director of the Office of Technology-Enhanced Learning at the University of Illinois at Springfield.
He said state bans on Internet gambling and pornography, for example, won't work if they employ the traditional approach of going after the person who disseminates it - since that person could be anywhere. "Some of the legislation, you can look at it and say, 'This just isn't going to work.' "
Of more concern to groups like the American Civil Liberties Union is the message in much of the legislation that, because the Internet is a new form of communication, it isn't subject to the same protections of free speech and interstate commerce as other forms.
Mary Dixon, the ACLU's Springfield lobbyist, said she is focusing on stopping laws that seek to "dumb-down all speech on the Net to the level of a child."
"Once people are more used to the Internet . . . I would hope the futile efforts to pass blatantly unconstitutional law will wane," said Dixon.
Scores of Internet-related bills are pending in Illinois and Missouri. Topics include:
Sexual content restrictions. Both states have several bills pending that would outlaw sexual images and communications to children, or harassing e-mail to anyone.
Criminal activity. Illinois has pending measures to outlaw dissemination of data regarding marijuana or gang activity if the information is intended to further criminal activity. Other legislation would outlaw Internet gambling, Internet seduction of a minor, and "cyberstalking."
The marijuana legislation has become especially controversial, with critics saying it amounts to a ban on Internet discussion of an entire topic. "Could we ban an identical book?" asked Dixon, of the ACLU.
Gregg Durham, spokesman for House Republican leader Lee Daniels, countered that the Internet is different from printed books because of the element of availability. "A school library is not going to carry a book on how to roll a joint . . . but kids are finding that kind of stuff on school library computers," said Durham.
Mandatory filters. Pending Missouri legislation would require public schools and libraries with public Internet access to equip their computers with software that prevents minors from accessing pornography. (A similar proposal failed in Illinois last year, in part because critics say such filters are unreliable.)
Taxes. At least one pending bill in Illinois would specify that Internet sales in which the seller or the customer resides in Illinois will be subject to Illinois' sales tax. A competing measure would specifically prohibit the state from imposing sales taxes on Internet transactions.
"I think it's counterproductive to be imposing taxes on e-commerce at the very same time that we're investing hundreds of millions of dollars into this developing sector of the economy," said Rep. Jeff Schoenberg, D-Evanston, sponsor of the tax-prohibition bill.
Todd Maisch of the Illinois Chamber of Commerce disagreed, noting that Illinois law already contains a provision that requires Illinois buyers to "self-report" sales taxes if they buy products from other states.
"The Chamber's members are very, very interested in a level playing field," said Maisch. "We're not talking about new taxes; we're talking about enforcing existing tax law."
Terry Ganey of the Post-Dispatch staff contributed information to this story.
(c) 2001 St. Louis Post-Dispatch, postnet.com
********
OR, they could just leave well enough alone! How's that for an idea!
Of course, when has our wonderful government ever left anything alone... :)
ST. LOUIS POST-DISPATCH
MAY 13, 2001
Attempts to govern the Internet raise concerns about feasibility, free speech
By Kevin McDermott
Post-Dispatch Springfield bureau
SPRINGFIELD, Ill. - Internet users of the future will likely find the World Wide Web cheaper, faster and as common and accessible as television.
But they could also find more restrictions, less anonymity and - taxes.
This year, as in the past several years, the Illinois and Missouri legislatures both are flooded with bills proposing to expand, prohibit, monitor, criminalize, protect or tax various corners of cyberspace. It has become an annual rite in statehouses across the nation and in Congress, as traditional politics struggles to keep up with mercurial technology.
Most of the measures won't pass. First Amendment and interstate commerce issues will sink some, while others will be deemed technologically unworkable.
But legal and technological experts say the attempt to govern the ungoverned Internet will likely continue until there is consensus on what the rules should be.
"I'm concerned because politicians sometimes don't have the depth of understanding they need to make informed decisions about Internet law," said Ray Schroeder, director of the Office of Technology-Enhanced Learning at the University of Illinois at Springfield.
He said state bans on Internet gambling and pornography, for example, won't work if they employ the traditional approach of going after the person who disseminates it - since that person could be anywhere. "Some of the legislation, you can look at it and say, 'This just isn't going to work.' "
Of more concern to groups like the American Civil Liberties Union is the message in much of the legislation that, because the Internet is a new form of communication, it isn't subject to the same protections of free speech and interstate commerce as other forms.
Mary Dixon, the ACLU's Springfield lobbyist, said she is focusing on stopping laws that seek to "dumb-down all speech on the Net to the level of a child."
"Once people are more used to the Internet . . . I would hope the futile efforts to pass blatantly unconstitutional law will wane," said Dixon.
Scores of Internet-related bills are pending in Illinois and Missouri. Topics include:
Sexual content restrictions. Both states have several bills pending that would outlaw sexual images and communications to children, or harassing e-mail to anyone.
Criminal activity. Illinois has pending measures to outlaw dissemination of data regarding marijuana or gang activity if the information is intended to further criminal activity. Other legislation would outlaw Internet gambling, Internet seduction of a minor, and "cyberstalking."
The marijuana legislation has become especially controversial, with critics saying it amounts to a ban on Internet discussion of an entire topic. "Could we ban an identical book?" asked Dixon, of the ACLU.
Gregg Durham, spokesman for House Republican leader Lee Daniels, countered that the Internet is different from printed books because of the element of availability. "A school library is not going to carry a book on how to roll a joint . . . but kids are finding that kind of stuff on school library computers," said Durham.
Mandatory filters. Pending Missouri legislation would require public schools and libraries with public Internet access to equip their computers with software that prevents minors from accessing pornography. (A similar proposal failed in Illinois last year, in part because critics say such filters are unreliable.)
Taxes. At least one pending bill in Illinois would specify that Internet sales in which the seller or the customer resides in Illinois will be subject to Illinois' sales tax. A competing measure would specifically prohibit the state from imposing sales taxes on Internet transactions.
"I think it's counterproductive to be imposing taxes on e-commerce at the very same time that we're investing hundreds of millions of dollars into this developing sector of the economy," said Rep. Jeff Schoenberg, D-Evanston, sponsor of the tax-prohibition bill.
Todd Maisch of the Illinois Chamber of Commerce disagreed, noting that Illinois law already contains a provision that requires Illinois buyers to "self-report" sales taxes if they buy products from other states.
"The Chamber's members are very, very interested in a level playing field," said Maisch. "We're not talking about new taxes; we're talking about enforcing existing tax law."
Terry Ganey of the Post-Dispatch staff contributed information to this story.
(c) 2001 St. Louis Post-Dispatch, postnet.com
********
OR, they could just leave well enough alone! How's that for an idea!
Of course, when has our wonderful government ever left anything alone... :)