Commission on Child Online Protection Off to Slow Start

(March 8, 2000) The Commission on Child Online Protection held its first meeting on Tuesday, March 7. Its members discussed organizational matters only: it has no staff, no money, and no schedule. Yet its report on protecting child on the Internet is due by November.

The Commission was created by the Section 1405 of the Child Online Protection Act. It is charged with conducting a study to identify technological or other methods that will help reduce access by minors to material that is harmful to minors on the Internet.

The Commission met in a conference room of the Department of Commerce. Much of the meeting was devoted to Commission's lack of funding. One member quipped that the next meeting could be held at a "soup kitchen."

Members discussed hiring staff, leasing office space, travel expenses, and public hearings.

The group rejected the idea of seeking funding from private sector sources. Greg Rhode, who is head of the National Telecommunications and Information Administration, and an ex officio member of the Commission, stated that the "legislation does not provide for any staffing or budget." He added that his agency could not provide any personnel or money.

Arthur DeRosier, the President of Rocky Mountain College, argued that "private funding sends out the wrong signal." No one argued this point.

Instead the Commission appointed a subcommittee to put together a proposal to the Congress for funding. Robert Flores, Senior Counsel to the National Law Center for Children and Families, will lead that effort. The Commission's report is due by November 30, 2000.

The Commission did elect a Chairman: Donald Telage, of Network Solutions, Inc. The selection was made by acclamation, without a vote. Telage was in Cairo for an ICANN meeting, and participated through a telephone connection.

The members also considered Flores for Chairman. Donna Hughes, of the pro-filtering group Enough is Enough, supported his selection.

The Commission has 16 Congressional appointees, and three ex officio members. The appointees are:

• Stephen Balkam, Exec. Dir. of the Internet Content Rating Association.
• John Bastian, CEO of Security Software Systems, Inc.
• Jerry Berman, Center for Democracy & Technology.
• Robert Cotner, CEO of Evesta.Com.
• Arthur DeRosier, President of Rocky Mountain College.
• Robert Flores, National Law Center for Children and Families.
• Albert Ganier, CEO of Education Networks of America.
• Donna Hughes, Enough Is Enough.
• William Parker, CEO of crosswalk.com.
• James Schmidt, San Jose State University.
• William Schrader, CEO of PSINet.
• Larry Shapiro, EVP and General Counsel of Disney's GO.com.
• Srinija Srinivasan, Yahoo! Inc.
• Karen Talbert, Amerivision Lifeline.
• Donald Telage, Network Solutions, Inc.
• George Vradenburg, SVP of America Online.

The Commission also has three ex officio members:

• Gregory Rohde, Assistant Secretary of the Department of Commerce/NTIA
• Michael Horowitz, Department of Justice, Criminal Division.
• Lee Peeler, Federal Trade Commission.

The Commission announced that it will not make all of its records public. This prompted Drew Clark, who writes about technology policy for the National Journal's Tech Daily, to interrupt and raise a "point of order."

Larry Shapiro, General Counsel of Disney's GO.com., stated that the Commission needed its "privacy". Flores stated that the Commission's proceeding would include "discussions of proprietary information." Greg Rhode stated that the Commission had "national security" concerns; he did not elaborate.

The Commission also decided several procedural matters. Members may send representatives to meetings, but they can not vote. Voting by proxy will not be allowed, but voting over the telephone will be allowed. The ex officio members will participate in meetings, but not vote.

The CDT's Berman and AOL's Vradenburg will handle scheduling, rules, procedures, and planning.

The Commission has not yet scheduled any public hearings, or set any timeline.

And, the Commission did not discuss how to protect children on the Internet.

(a) ESTABLISHMENT. -- There is hereby established a temporary Commission to be known as the Commission on Online Child Protection (in this section referred to as the 'Commission') for the purpose of conducting a study under this section regarding methods to help reduce access by minors to material that is harmful to minors on the Internet.

(b) MEMBERSHIP. -- The Commission shall be composed of 19 members, as follows:

(1) INDUSTRY MEMBERS -- The Commission shall include 16 members who shall consist of representatives of --

(A) providers of Internet filtering or blocking services or software;

(B) Internet access services;

(C) labeling or ratings services;

(D) Internet portal or search services;

(E) domain name registration services;

(F) academic experts; and

(G) providers that make content available over the Internet.

Of the members of the Commission by reason of this paragraph, an equal number shall be appointed by the Speaker of the House of Representatives and by the Majority Leader of the Senate. Members of the Commission appointed on or before October 31, 1999, shall remain members.

(2) Ex OFFICIO MEMBERS. -- The Commission shall include the following officials:

(A) The Assistant Secretary (or the Assistant Secretary's designee).

(B) The Attorney General (or the Attorney General's designee).

(C) The Chairman of the Federal Trade Commission (or the Chairman's designee).

(3) PROHIBITION OF PAY. -- Members of the Commission shall not receive any pay by reason of their membership on the Commission.

(c) FIRST MEETING. -- The Commission shall hold its first meeting not later that March 31, 2000.

(d) CHAIRPERSON -- The chairperson of the Commission shall be elected by a vote of a majority of the members, which shall take place not later than 30 days after the first meeting of the Commission.

(e) STUDY. --

(1) IN GENERAL. -- The Commission shall conduct a study to identify technological or other methods that

(A) will help reduce access by minors to material that is harmful to minors on the Internet; and

(B) may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this Act).

Any methods so identified shall be used as the basis for making legislative recommendations to the Congress under subsection (d)(3).

(2) SPECIFIC METHODS. -- In carrying out the study, the Commission shall identify and analyze various technological tools and methods for protecting minors from material that is harmful to minors, which shall include (without limitation)

(A) a common resource for parents to use to help protect minors (such as a one-click-away' resource);

(B) filtering or blocking software or services;

(C) labeling, or rating systems;

(D) age verification systems;

(E) the establishment of a domain name for posting of any material that is harmful to minors; and

(F) any other existing or proposed technologies or methods for reducing access by minors to such material.

(3) ANALYSIS. -- In analyzing technologies and other methods identified pursuant to paragraph (2), the Commission shall examine

(A) the cost of such technologies and methods;

(B) the effects of such technologies and methods on law enforcement entities;

(C) the effects of such technologies and methods on privacy;

(D) the extent to which material that is harmful to minors is globally distributed and the effect of such technologies and methods on such distribution;

(E) the accessibility of such technologies and methods to parents; and

(F) such other factors and issues as the Commission considers relevant and appropriate.

REPORT. -- Not later than 2 years after the enactment of this Act, the Commission shall submit a report to the Congress containing the results of the study under this section, which shall include

(1) a description of the technologies and methods identified by the study and the results of the analysis of each such technology and method;

(2) the conclusions and recommendations of the Commission regarding each such technology or method;

(3) recommendations for legislative or administrative actions to implement the conclusions of the committee; and

(4) a description of the technologies or methods identified by the study that may meet the requirements for use as affirmative defenses for purposes of section 23 1 (c) of the Communications Act of 1934 (as added by this Act).

(g) RULES OF THE COMMISSION

(1) QUORUM -- Nine members of the Commission shall constitute a quorum for conducting the business of the Commission.

(2) MEETINGS -- Any meetings held by the Commission shall be duly noticed at least 14 days in advance and shall be open to the public.

(3) OPPORTUNITIES TO TESTIFY -- The Commission shall provide opportunities for representatives of the general public to testify.

(4) ADDITIONAL RULES -- The Commission may adopt other rules as necessary to carry out this section.

(l) TERMINATION. -- The Commission shall terminate 30 days after the submission of the report under subsection (d) or November 30, 2000, whichever occurs earlier.

(m) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. -- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

SEC. 105. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect 30 days after the date of enactment of this Act.