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April 20, 2006 11:35 PM PDT

Gonzales calls for mandatory Web labeling law

Web site operators posting sexually explicit information must place official government warning labels on their pages or risk being imprisoned for up to five years, the Bush administration proposed Thursday.

A mandatory rating system will "prevent people from inadvertently stumbling across pornographic images on the Internet," Attorney General Alberto Gonzales said at an event in Alexandria, Va.

The Bush administration's proposal would require commercial Web sites to place "marks and notices" to be devised by the Federal Trade Commission on each sexually explicit page. The definition of sexually explicit broadly covers depictions of everything from sexual intercourse and masturbation to "sadistic abuse" and close-ups of fully clothed genital regions.

"I hope that Congress will take up this legislation promptly," said Gonzales, who gave a speech about child exploitation and the Internet to the federally funded National Center for Missing and Exploited Children. The proposed law is called the Child Pornography and Obscenity Prevention Amendments of 2006.

A second new crime would threaten with imprisonment Web site operators who mislead visitors about sex with deceptive "words or digital images" in their source code--for instance, a site that might pop up in searches for Barbie dolls or Teletubbies but actually features sexually explicit photographs. A third new crime appears to require that commercial Web sites not post sexually explicit material on their home page if it can be seen "absent any further actions by the viewer."

A critic of the proposal said that its requirements amount to an unreasonable imposition on Americans' rights to free expression. In particular, a mandatory rating system backed by criminal penalties is "antithetical to the First Amendment," said Marv Johnson, legislative counsel to the American Civil Liberties Union.

During his speech, Gonzales also warned that Internet service providers must begin to retain records of their customers' activities to aid in future criminal prosecutions--a position first reported by CNET News.com--and indicated that legislation might be necessary there as well. Internet service providers say they already cooperate with police and appear to be girding for a political battle on Capitol Hill over new regulations they view as intrusive.

An idea once proposed by Democrats
The Bush administration's embrace of a rating system backed by criminal penalties is uncannily reminiscent of where the Clinton administration and a Democratic member of Congress were a decade ago.

In the mid-1990s, the then-nascent Internet industry began backing the Platform for Internet Content Selection, or PICS. The idea was simple: let Web sites self-rate, or let a third-party service offer ratings, and permit parents to set their browsers to never show certain types of content. Netscape and Microsoft soon agreed to support it in their browsers.

At a White House summit in July 1997 hosted by President Clinton and Vice President Al Gore, the head of the Lycos search engine proposed that only rated pages would be indexed. (Bob Davis, the president of Lycos at the time, said: "I threw a gauntlet to other search engines in today's meeting saying that collectively we should require a rating before we index pages.") Sen. Patty Murray, a Democrat from Washington state, suggested that misrating a Web site should be a federal crime. And Australian government officials began talking about making self-rating mandatory.

See more CNET content tagged:
Alberto Gonzales, Bush Administration, crime, Lycos Inc., Democrat

Add a Comment (Log in or register) 165 comments (Showing first 20 comments)
scare tactics again!
by Jon_Paal April 21, 2006 1:05 AM PDT
I tested the proposed problem of typing in "Barbie dolls" on google with safe search off. checked both the images and the web and guess what I found..

Links to Barbie doll sites.

I hate when the government exagerates to create scare tactics for passing unnecessary laws.
Reply to this comment View all 3 replies
It quite clear Gonzales and Bush doesn't understand the internet.
by unknown unknown April 21, 2006 1:28 AM PDT
No matter how much this adminstration likes to think so, they don't rule the world, and U.S laws only apply in the U.S. This makes governing internet an interesting proposition especially when it comes to censorship. They could certainly force U.S sites to put up these idiotic labels, but the rest of the world doesn't have to, that's a pretty big gap in any filter. It like won't have much effect on child porn.

I suspect Gonzales has alterior motives.
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Get a life!
by throbi April 21, 2006 1:45 AM PDT
It's OK to label and verify content when you have some couple hundred TV channels. But who the hell is going to verify millions of web sites? And who will pay for that?

You want your kids to be safe? Spend more time with them, you people!
Reply to this comment
Why not create an internet for perverts?
by gawdess April 21, 2006 2:07 AM PDT
Hell, government agents could sit around and monitor XXX rated sites and get paid for it! That guy at Homeland Security caught with porn on his computer? That should be his defense in court: "I was only trying to show how the government could be a better Big Brother!"

Get a life is right!

gawdess
Reply to this comment
No it is not
by booboo1243 April 21, 2006 2:23 AM PDT
It's exactly like those anti-spam laws.
Now almost all spam is sent from China.
There's been an INCREASE in spam since the anti-spam law became effective.
Reply to this comment
The government continues with isolationism
by Blito April 21, 2006 4:14 AM PDT
Have a global non-profit do the labeling (set standards) and the countries do the enforcing.
I just don't like the insuler attitude countries take because it gets us nowhere in this global age.
First they try to sound like they care (with no global standards) and then one country abuses it too much because they are clueless. Then are labeled a terrorist and more resource wars. Illegal immigrant s are taken advantage of to avoid cross-border laws etc...
The Bush admin, like previous admins, continues to ignore the rest of the world.

?The only times courts allow product labeling is with commercial speech?advertisements."

I am not sure what this persons definition of 'product' is and this is what they allow now so I don't understand how that means the law would be 'struck down.'
Anything put up on the Internet is being produced as a product UNLESS it is not really being given to you under an EULA (End User License Agreement). A sniggle room contract that lets companies not really give you the product.
Reply to this comment
labelling will do nothing
by richtestani April 21, 2006 5:10 AM PDT
Seeing large-breasted woman, and wording about sex isn't a good
enough clue you are at a sexually-driven website.

People don't stumble on it because they aren't looking for it, and if
they aren't they leave. As for kids getting on to sites, it still should
be a parental issue and not a goverment mandate.
Reply to this comment
Oy, Torture Czar is at it again.
by MisterFlibble April 21, 2006 5:34 AM PDT
Maybe instead of trying to censor the internet constantly, he should maybe try to stamp out the use of torture... by both foreign and our own government. Lessee... to a Bushie, sex = bad, torture = good! Oh, so that's how it works?

Gonzales should be tried for war crimes in the hague.

Are you regretting voting for these people yet?
Reply to this comment
Prudes?
by cajunman4life April 21, 2006 6:49 AM PDT
First off, I'm an American.

I don't understand why America is the land of the prudes. If you look to our European counterparts, they have nudity and "porn" all over the place, yet have a lower rate of sex related crimes. How does that work? Why is it that we scoff at the human body sans clothes? For a "Christian" administration, they should surely understand that what we have was given by God. And judging by the fact that the first humans ran naked through the garden of eden, apparently God wasn't concerned with it. So what gives?

</rant>
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NYT on value of public (WWW) nudity--is it Porm?
by CARL C April 21, 2006 7:46 AM PDT
Being Bad: The Career Move
By GUY TREBAY
Published: April 20, 2006
IT would probably require a stopwatch to clock the lag time between sin and redemption lately, as media disgrace is transformed into a bargaining chip in a celebrity's career often before a bad boy or girl has stumbled home from the crime scene and showered off the taint of shame.


[http://Nikon Inc. After rehab, Kate Moss came back to advertising campaigns.|http://Nikon Inc. After rehab, Kate Moss came back to advertising campaigns.]



What seems evident is that public humiliation has lost its barb. There might have been a time when being caught on camera in flagrante delicto or hoovering up lines of coke would have ended a career. But as Paris Hilton proved, being videotaped by one's boyfriend in a zonked-out state and naked on all fours does not put a hitch in one's five-year plan. If anything, the bubble-gum divinity apotheosized on the basis of a homemade pornography loop, a moronic catchphrase and a mental vacancy cavernous enough for storing yellowcake appears set to enjoy a media half-life about as long as that of a spent plutonium rod.
Reply to this comment
Sure this will work ... "NOT"!
by rem1010 April 21, 2006 7:51 AM PDT
Sorry, but this idea just cannot work and is not well thought out.
All this will do, is to force the website operators to operate offshore, just like the gambling does now.
If this goes through, then ALL media will probably be next, including all MEDICAL books, library books, MOVIES rated "R" and so forth .... so just require all Computer and Browser Vendors to require the equivalent of a "V" chip in the computer or software .... WAIT ... I think that someone already does that with a ... nanny ... software or something ...
We just do not need Government getting into the World morality structure and pass their values and force them upon everyone.
It is time that each person regain their own responsibility for themselves and quit being responsible for everyone BUT themselves.
Laws and actions like this proposed law are designed to punish persons running a business, from parents that do not know what their kids are doing and have not given them proper guidance as to what and how they should conduct their lives.
Laws like this will never solve that problem and only will make criminals out of people that "break the law" because someone STUPID looked at their wares.
Time to rethink how the U.S. should dictate to the world, proper American values.
Just my $0.02
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Now we are legislating mistakes?
by eSchmeltzer April 21, 2006 7:55 AM PDT
I often thought that would be a great idea, and, in theory, it will work....till you google something.

You can google images for the most innocent of intentions and get a surprise, so will we send Page and Brin to the Hoosgow also?

Howsabout we just take responsibility for our own kids, no computers in the bedroom, laptops are in Mom and Dad's room for the night, and if we, as adults, stumble on something nasty, just hit the back button.
Reply to this comment
.xxx Domain
by April 21, 2006 8:05 AM PDT
Wouldn't much of this be resolved or made easier by ICANN's ".xxx" domain?
Reply to this comment View all 6 replies
It's about time
by cubicleslave1 April 21, 2006 8:06 AM PDT
It's about time we did someting to protect our children! The
proposed legislation does nothing to impede our personal
freedom. Anyone can still access all the pornographic material
they want, but parents now have a tool for blocking such
material from their children. This is just common sense, and
really nothing new. For example, we require that adult
businesses cannot admit minors within their premises, and may
not be located within a certain distance of a church or school.
Any adult, however is completely free to patronize such
businesses. We prohibit the sale of pornographic magazines to
minors, and require that their covers be obscured on the news
stand if they feature any pornographic image. Any adult,
however, is still completely free to buy such magazines. We
prohibit minors from purchasing alcohol and tobacco, and
prohibit them from entering any establishment that serves
alcohol. Yet such businesses still thrive, based on patronage
from legally adult customers. The legislation proposed by
Gonzales just gives us more choice, if we choose not to be
bombarded with porn. On the flip side, it could be good for
adult businesses, because now anyone who is seeking porn will
be able to more easily find it! I fail to see how this is any crimp
on freedom of speech, unless you are talking about the freedom
to send porn to minors over the objection of their parents.
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Mandatory Web Labeling
by rneubert April 21, 2006 8:08 AM PDT
And while they're at it, how about labeling those large banking, financial, energy, and government Web sites as "Oligarchy Explicit."
Reply to this comment
Administration without a clue (but yet...)
by gcoryer April 21, 2006 8:46 AM PDT
I guess I don't understand. The Bush administration has been resisting the ".xxx" domain proposal tooth and nail. The ".xxx" domain would allow us parents to easily block all properly classified X-rated content with existing filter applications. This notice and mark on each individual page method means we would have to view the page first to see that its content we don't want. Or we would need special applications that allow the government to block content based on tags on the pages themselves.....Oh!
Gary Coryer
Reply to this comment
Bush: Go catch Osama, then you can screw up the internet.
by Scenario April 21, 2006 8:52 AM PDT
The government reminds me of cell phone companies who keep
adding features to phones to conceal the fact that they still SUCK
for talking on.

Seems to me, spammers and phishers are much bigger problems.
Focus on catching them and you'll net most of the smut peddlers
as a bonus.

Otherwise this proposal smacks of a faith-based internet.
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Administration is Out to Lunch!!
by lmoxon April 21, 2006 8:55 AM PDT
The Internet, WEB Site's are independent & most of the trashy & Prono Sites are hosted in the 3/ 4th world countries which we have no control over!
Also the hit today & are gone tomorrow in many cases. So wakeup & take responsibility of your children's actions & most of all keep your eye on them at all times!!! If you can't do that then get rid of the Internet connection that you're/ they're using!
Reply to this comment
Iraq is lost so try something else
by billsmith9999 April 21, 2006 8:57 AM PDT
These guys will do anything to distract the public from the lost war in Iraq. Illegals at the borders was tried, new White House staff, now "Protect our Children" on the Internet. There is no crisis of pedophiles or child endangerment. Its just pure political distraction. Rome had its "Bread and Circus". We have Fox News and kiddy porn. History just goes on.
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International application of websites labelling
by April 21, 2006 9:00 AM PDT
Even I fully agree to support the idea to protect children, imposing such labelling internationaly is going to demonstrate the US Government extending its dominance in a new field (same for passing data to the CIA and NSA !) Guess that Verisign will propose to be the business providing the label (for a fee ? ) or carriers justifying additional charges for such services !
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