Date: Thu, 29 Jun 2000 11:55:39 -0400 (EDT)
Message-Id: <200006291555.LAA11890@mattababy.mit.edu>
From: belmonte@mit.edu (Matthew Belmonte)
To: john_kerry@kerry.senate.gov
Subject: your vote on S.Amdt. 3610

Dear Senator Kerry

On Monday afternoon I wrote to you to urge your opposition to the McCain
Internet filtering amendment (S.Amdt. 3610) to the Labor and HHS appropriations
bill (H.R. 4577).  On Tuesday evening, this amendment passed with your vote in
favour of it.

As you know, S.Amdt. 3610 mandates the installation of Internet filtering
software in all public schools and libraries that receive federal `e-rate'
funding for Internet connectivity.  Such filtering software depends on crude,
keyword-based algorithms which often block even serious discourse on
controversial topics.

Perhaps even more than this First Amendment issue, though, Tuesday's vote on
the McCain amendment was a question of federalism.  McCain's proposal will
interfere with localities' ability to choose the policy that will work best
within their own local institutions.  I'm especially puzzled by your vote in
favour of S.Amdt. 3610 given your support of Rick Santorum's more flexible
alternative, S.Amdt. 3635, which also passed.  S.Amdt. 3635 allows schools and
libraries to pursue more flexible schemes such as the implementation of an
Acceptable Use Policy.  The McCain amendment, in contrast, strictly requires
that filtering technology be employed.

Your support of these two conflicting amendments, one of them severely
restrictive and the other empowering local educational systems, seems a
contradiction.  I'd like to hear more about the reasoning by which you arrived
at these two votes.

There is a chance that the appropriations bill to which these amendments were
attached will be vetoed, because of several unrelated issues.  In that event,
the Senate will have a second chance to choose between McCain's overly
restrictive scheme and Santorum's more flexible scheme.  Furthermore, even in
the absence of a veto, the contradiction between these two amendments will have
to be sorted out in conference.  I hope that you'll take advantage of these
opportunities to support students' First Amendment rights.