ALAWON v4n10 (February 15, 1995)
URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v4n10

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                                                             ISSN 1069-7799
                                  ALAWON
                      ALA Washington Office Newsline
                     An electronic publication of the
              American Library Association Washington Office

                            Volume 4, Number 10
                             February 15, 1995

   In this issue: (203 lines)
     ACTION ALERT:  COMMUNICATIONS DECENCY ACT OF 1995 INTRODUCED BY
          SENATOR EXON
     FEDERAL COURT RULES NATIONAL SECURITY COUNCIL SUBJECT TO FOIA
     NTIA TIIAP ANNOUNCES 2ND GRANT CYCLE
          CRITICAL DEADLINE FOR LETTER OF INTENT:  MARCH 23
     ALA SCHEDULES MARCH 15, APRIL 11 AND MAY 9 FOR IMPORTANT PROGRAMS

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                             * ACTION ALERT *
       COMMUNICATIONS DECENCY ACT OF 1995 INTRODUCED BY SENATOR EXON

S. 314, the Communications Decency Act of 1995 was introduced by Senator
Jim Exon, (D-NE) on February 1.  This "Decency Act of 1995" is intended by
Exon to "protect the public from the misuse of telecommunications network
and telecommunications devices and facilities."  Substantially similar to
the bill Exon submitted last year, S. 314 was filed as an amendment to the
Communications Act of 1934; it could yet be tacked onto other pending
Communications Act rewrites underway in Congress.

The bill amends several sections of the Communications Act to make various
telecommunications providers responsible for indecent communications on
their systems.  Though some telecommunications technologies do not have the
capability to monitor transactions, S. 314 could prohibit providers from
providing "obscene or harassing utilization of telecommunications devices
and facilities in the District of Columbia or in interstate or foreign
communications."  The bill increases various related fines from $10,000 to
$100,000, and prison terms for violations of the pertinent sections from 6
months to 2 years.

Questions have been raised regarding the impact on local area network
providers and other forms of electronic messaging.  In the case of cable TV
operators, S. 314 would allow operators to "refuse to transmit any public
access program or portion of a public, educational, and governmental access
program which contains obscenity, indecency, or nudity."  Cable TV
operators could also reject any leased access programming which contains
such "obscenity."

Allowing or requiring telecommunications providers to monitor and
potentially reject the programming, messages and communications of others
on a vague criteria of "obscenity" raises serious First Amendment concerns.
Making the carrier responsible rather than the originator is not the
answer.  S. 314 has been referred to the Senate Committee on Commerce,
Science, and Transportation.  For those concerned about the serious First
Amendment issues in this bill, please contact the following senators as
soon as possible:  Chair:  Pressler (R-SD), Packwood (R-OR), Stevens (R-
AL), McCain (R-AZ), Burns (R-MT), Gorton (R-WA), Lott (R-MS), Hutchison (R-
TX), Snowe (R-MN), Ashcroft (R-MO), Hollings (D-SC), Inouye (D-HI), Ford
(D-KY), Exon (D-NE), Rockefeller (D-WV), Kerry, (D-MA), Breaux (D-LA),
Bryan (D-NV), Dorgan (D-ND).

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       FEDERAL COURT RULES NATIONAL SECURITY COUNCIL SUBJECT TO FOIA

The preservation of important records documenting national security policy
has been assured in an important court ruling.  Judge Charles R. Richey of
the United States District Court of Appeals for the District Court of
Columbia ruled on February 14, 1995, that the National Security Council is
an "agency" of the federal government and is, therefore, required to
preserve its electronic mail records under the Federal Records Act.

ALA is one of several plaintiffs in the suit (Armstrong et al v. Executive
Office of the President et al) initiated by reporter Scott Armstrong and
the National Security Archives in 1989, at the end of the Reagan
Administration, to prevent White House officials from destroying the
electronic mail records of the NSC and other agencies in the Executive
Office of the President.  Other plaintiffs in the suit are historian Scott
Armstrong, the National Security Archive, the American Historical
Association, the Center for National Security Studies, and researcher Eddie
Becker.  The defendants are the Executive Office of the President, the
National Security Council and the Acting Archivist of the United States,
Trudy Peterson.

In August 1993, the United States Circuit Court of Appeals for the District
Court of Columbia held that the White House's practices were unlawful
because they permit the destruction of historically valuable electronic
mail information, and upheld an injunction prohibiting the government from
destroying magnetic tapes and computer hard drives containing electronic
mail written by officials of the Reagan, Bush and Clinton administrations.

The Court of Appeals also remanded the case to the district court to decide
whether the NSC was evading the records laws by classifying many of its
records as "Presidential records"  which are not subject to the same FOIA
requirements or the same protections against improper destruction.

The Clinton Administration claimed in March 1994 that the NSC was not an
"agency" and not required to preserve electronic mail records as directed
by the Court of Appeals' ruling.  The Clinton Administration also announced
at the time that it was discontinuing the NSC's program for making records
available to the public under the Freedom of Information Act.  Previous
administrations had always defined NSC as an "agency."

Judge Richey's ruling rejected the Clinton Administration's definition of
the NSC as unlawful, and ruled that the "NSC is an agency subject to FOIA,
and...must maintain and preserve its records in accordance with the Federal
Records Act, except when high level officials of the NSC are acting solely
in their capacity to advise and assist the President."  The ruling requires
the NSC and the Archivist to develop new guidelines for recordkeeping by
February 27 and ensure the NSC records "are preserved under the Federal
Records Act and not destroyed under the guise of the Presidential Records
Act."  The Court added, "...this case is important to the nation and the
very credibility of this and future administrations."

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                   NTIA TIIAP ANNOUNCES 2ND GRANT CYCLE

The National Telecommunications and Information Administration (NTIA) is
calling for applications for the Telecommunications and Information
Infrastructure Assistance Program (TIIAP) 1995 grant cycle.  TIIAP provides
competitive matching grants to non-profit and government groups such as
schools and libraries for the purpose of developing the national
information infrastructure.  Library projects received five of the 92
grants awarded in 1994 for a total of $1,851,840.  Libraries also
participated as partners in projects submitted by other applicants.

NTIA is offering workshops across the nation to provide potential
applicants the opportunity to meet and to learn about the goals of the
TIIAP.  No fees will be charged for the workshops, but because of the
expected response, NTIA asks that only two people from each project attend.
According to NTIA, workshops will be held in the following places on the
corresponding dates:
     Charleston, SC        February 24
     Omaha, NE             February 28
     Richmond, VA          March 2
     Portland, OR          March 8
     Albany, NY            March 11
     Austin, TX            March 17
The workshops will provide libraries with the opportunity to connect with
non-library institutions to enhance the chances of being awarded a grant.
For more workshop details use ftp, telnet, gopher, or World Wide Web at
ntia.doc.gov, or e-mail tiiap@ntia.doc.gov.

This year the program has expanded to include three categories: Category
One - Demonstration Projects, Category Two - Access Projects, Category
Three - Planning Projects.  Deadlines for application vary according to the
category of the proposed project.  All applicants are required to submit a
letter of intent by March 23 regardless of the category for which they are
applying.

A complete list of deadlines as well as information on eligibility,
evaluation criteria, the selection process and a program description can be
found in the February 10, 1995 issue of the _FEDERAL REGISTER_.  Further
information can also be obtained by contacting Laura Breeden, Director of
the Telecommunication and Information Infrastructure Assistance Program by
phone: (202)482-2048, fax: (202)501-5136, or e-mail: tiiap@ntia.doc.gov.

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     ALA SCHEDULES MARCH 15, APRIL 11 AND MAY 9 FOR IMPORTANT PROGRAMS

Three important programs have been scheduled by ALA in the Washington, D.C.
area for the coming dates:

     March 15   -   Freedom of Information Day
     April 11   -   Library Advocacy Training and
                         In-depth Washington briefings
     May 9      -   Library Legislative Day

Watch upcoming issues of ALAWON or the ALA Washington Office Newsletter for
additional details about these programs or contact the ALA Washington
Office at:  voice:  (202) 547-4440; fax:  (202) 547-7363; e-mail:
alawash@alawash.org.

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ALAWON (ISSN 1069-7799) is an irregular publication of the American Library
Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC
20002-5675.  Internet: alawash@alawash.org; Phone: 202-547-4440;
Fax: 202-547-7363.  ALA Washington Office staff contributing to this issue:
Anne A. Heanue and Claudette Tennant  (Editor: Lynne E. Bradley
(leb@alawash.org).

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