COLUMBIA, SC -- “It is unlawful for a person knowingly to disseminate obscenity or a sexual device,” says a proposed amendment to the South Carolina law. A person “disseminates a sexual device,” within the meaning of the proposed law, if it is designed or marketed as useful primarily for the stimulation of human genital organs and solely for the sale of prurient interest in sex. And, good citizens of South Carolina, we are talking felony here. People convicted under obscenity laws in South Carolina face up to five years in prison and a $10,000 fine.

We can thank Republican Representative Ralph Davenport of Boiling Springs for proposing a bill (H 4830) that would add sex toys to the state's obscenity laws.

Sugar ’N Spice manager Pat Irons says the proposed law is outrageous. While Davenport’s proposal is probably aimed at shutting down X-rated adult bookstores, Irons said, it hurts customers of "couples-oriented" stores such as her West Columbia shop, which sells everything from lingerie to bridal shower novelties to lotions.

At Sugar ’N Spice sex toys are displayed in a separate room. Buyers include men and women who "need a little help" because surgery or medical problems are affecting their marriage, Irons said.

Some quotes and information are from Seanna Adcox, The Associated Press, 4/23/06

ICRA OPPOSES PROPOSED LABELING LAW

WASHINGTON, DC -- Last week Attorney General Alberto Gonzales announced a new legislative initiative, called the “Child Pornography and Obscenity Prevention Amendments of 2006,” that included, among other provisions, requirements that all websites operated primarily for commercial purposes must put warning labels on every page that contains sexually explicit material, with penalties of up to five years in prison for non-compliance.

The Internet Content Rating Association (ICRA), which is a much respected non- profit organization “working to protect children from objectionable material while preserving free speech on the Internet,” has aligned itself against the initiative.

Said ICRA CEO Stephen Balkam: "ICRA applauds the efforts of Attorney General Gonzalez to combat child pornography, which is abhorrent and utterly illegal. We understand the gravity of this widespread threat and share the goal of creating a safer Internet for children. However, we vigorously oppose an added measure included in the draft bill which would require Web sites with sexually explicit material -- material that is legal, but potentially harmful to minors -- to use a government-mandated labeling system. ICRA strongly believes that self- regulation of legal Internet content leads to the best balance between the free flow of digital content and the protection of children from potentially harmful material."

"ICRA's self-labeling system is applicable in any language. Parents can use filtering software to allow or disallow access to Websites based on the information declared in the label. A nationally mandated system like the one proposed today for sites with sexually explicit material cannot guarantee international compliance. US-based servers will simply move offshore to avoid this well intentioned, but fatally flawed law."

Information and quotes are from the ICRA.org and from Government Technology Magazine, 4/21/06

COALITION FORMS TO PROTECT NET NEUTRALITY

WASHINGTON, DC -- In an effort to to raise public awareness of inadequate protections for the neutrality of the Internet in the pending “Communications Opportunity, Promotion and Enhancements Act of 2006,” a coalition of strange bedfellows has formed for a last moment fight.

SavetheInternet.com Coalition, consisting of such diverse interest groups as Gun Owners of America, Craigslist.com, Public Knowledge, MoveOn.org, the American Library Association, Afro-Netizen.com, the Consumer Federation of America, the Consumers Union, and Free Press, recently held a national conference call as a part of their campaign.

“Congress is pushing a law that would abandon the Internet's First Amendment -- a principle called ‘Network neutrality,’” said the group, “that prevents companies like AT&T, Verizon and Comcast from deciding which Web sites work best for you -- based on what site pays them the most. Your local library shouldn’t have to outbid Barnes & Noble for the right to have its Web site open quickly on your computer.

“Net Neutrality allows everyone to compete on a level playing field and is the reason that the Internet is a force for economic innovation, civic participation and free speech. If the public doesn't speak up now, Congress will cave to a multi-million dollar lobbying campaign by telephone and cable companies that want to decide what you do, where you go, and what you watch online.”

"The fight for Internet freedom is now being waged in earnest," said Tim Karr, campaign director for Free Press. "On one side you have the public and on the other side the nation's largest phone and cable companies looking to strip the Net of neutrality."

The coalition is not alone in the effort to prevent the Internet from being hijacked by telecommunications giants. In the Senate, Ron Wyden (D-OR) tried to head off the problem in March. (See X-Press report “Net Neutrality Issues Debated in Congress,” 3/10/06). Senators Olympia Snowe, (R-ME), and Byron Dorgan (D-ND) have circulated a draft bill which would impose Net neutrality regulations on broadband providers.

Internet companies such as Microsoft, Google and Yahoo have also expressed dismay at the lack of protection in the pending law. The Internet companies are relative new kids on the block when it comes to lobbying in D.C., however, compared to the cable and telecommunications industries.

In the most recent development, members of the House Energy and Commerce Committee have rejected a Democratic-backed Net neutrality amendment to the pending legislation by a 34-22 vote. The final version of the telecommunications bill does include some Net neutrality regulations, including charging the FCC with investigating any "violation" of fair treatment principles. It is unclear what may happen in the Senate.

Some information and quotes are from Bary Ayissa Johnson, PC Magazine, 4/24/06
See also Declan McCullagh, CNET News.com, 4/26/06