[Politech]

The idea of Web labeling has a long and undistinguished history. I remember 
encountering it while covering the Communications Decency Act trial in April 
1996, when Brigham Young University Professor Dan Olsen said labeling adult Web 
pages with "-L18" was a terrific idea:
http://www.eff.org/legal/cases/EFF_ACLU_v_DoJ/960413_ciec.update

As an aside, I always figured that Olsen was the only remotely respectable 
fellow the Justice Department could dredge up to do its dirty work, even though 
his bio shows no publication or research in this area:
http://icie.cs.byu.edu/dan.html

Now, showing an impressive inability to learn from history, two Democratic 
senators have come up with the same scheme; I've summarized it here:
http://news.com.com/2100-1028_3-6175549.html

Senators Mark Pryor of Arkansas and Max Baucus of Montana are proposing that 
the Commerce Department come up with a label that "harmful to minors" Web sites 
must use (or face civil penalties). I've placed the draft of their bill here:
http://www.politechbot.com/docs/child.safety.act.pryor.baucus.041207.pdf

Oddly, Pryor seems to have not even read his own legislation; an earlier 
version of his press release said the Commerce Department could also pull the 
plug on offending Web sites, though that is not actually in the draft bill (I'm 
told it was in an earlier version):
http://pryor.senate.gov/newsroom/details.cfm?id=272199

Both congresscritters could stand to learn from the CDA three-judge panel's 
opinion, which called mandatory labeling "extremely burdensome for 
organizations that provide large amounts of material online which cannot afford 
to pay a large staff to review all of that material":
http://www2.epic.org/cda/cda_dc_opinion.html

Another intriguing aspect is that their legislation tries to compel ICANN to 
create a database of harmful to minors content, complete with IP addresses and 
owner names. This nicely disproves the pleasant fiction that ICANN is an 
independent entity that can make independent decisions on topics like .xxx and 
materials that some Bible Belt prosecutor deems harmful to some minors, 
somewhere.

-Declan
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