Re: US Communication Act (47 USC 230 (f)(1))

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At 1:23 AM -0400 8/10/02, Steven M. Bellovin wrote:
>In message <5.1.0.14.0.20020809125611.02cba010@pop.online.fr>, "JFC 
>(Jefsey) Mo
>rfin" writes:
>  >
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>  >As part of my historical search effort, I would thank anyone knowing the
>  >origin of this entry into the US Communication Act (47 U.S.C. 230 (f)(1)):
>  >
>  >"(f) Definitions: As used in this section: (1) Internet. The term
>  >"Internet" means the international computer network of both federal and non
>  >federal interoperable packet switch networks."
>  >
>  >I am interested in knowing when was it entered, who proposed it, what was
>  >the rationale. I suppose that some members of this list have been involved?
>  >May be lawyers could help me tracing the Act amendment procedure having
>  >introducing it, tell if there is some related jurisprudence and explain how
>  >and where to find the FCC documents this definition probably comes from.
>  >
>  >Thank you.
>  >jfc
>  >
>  >
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>  >
>Any law library will have that information.  For now, see
>http://www4.law.cornell.edu/uscode/47/230.html and click on 'notes'.
>But what you really need is the legislative history, which will be in
>separate volumes, again in law libraries.
>

Section 230, and the definition referenced, was first inserted into 
the U.S. Code as part of the Communications Decency Act of 1996, 
which was in turn a part of the much larger Telecommunications Act of 
1996.  You can find links to the text of the bill passed (Senate Bill 
652), as well as other legislative history, at 
http://thomas.loc.gov/cgi-bin/bdquery/z?d104:SN00652:.  Many will 
recall the Communications Decency Act as the Internet porn censorship 
law that was struck down by the courts in 1997.  But parts of the CDA 
-- including this definition and, for example, the exclusion of ISP's 
liability for content posted by others -- are still law today.

As for who drafted the definition, it first came into the drafts of 
the CDA in the middle of 1995, and probably was drafted by a staff 
member of Senator Exon or another supporter of the bill.  I am sure 
that no FCC document had that definition back in 1995.  For much more 
about the legislative battle against the CDA in 1995, see 
http://www.cdt.org/speech/cda/cda.shtml.

I hope this helps.

John



----------------------------------------
John B. Morris, Jr.
Director, Internet Standards, Technology
    & Policy Project
Center for Democracy and Technology
1634 I Street NW, Suite 1100
Washington, DC 20006
(202) 637-9800
(202) 637-0968 fax
jmorris@cdt.org
http://www.cdt.org
----------------------------------------


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