BACKGROUND: The Exon Amendment is an amendment to a Senate bill overhauling regulation of the telecommunications industry. The amendment seeks to restrict and limit obscenity and pornography on the Internet, other computer networks, and on telecommunication devices such as fax machines. The Exon amendment would make it unlawful to make available "obscene" material to any user and illegal to present "indecent" material to minors. Private obscenities over the Internet between two consenting adults would not be a criminal act. Penalties of up to $100,000 and two-year prison sentences could be imposed against those who violate the bill. The House versions of the telecommunication bill do not impose these restriction and penalties, but instead require the Justice Department to study whether there are legal protections against obscene and pornographic material over computer networks. The department would also determine whether it would be possible to use technology to prevent minors from being presented this material.

KEY PLAYERS: The amendment is co-sponsored by Sen. Jim Exon (D-NE) and Sen. Daniel Coats (R-IN). The entire telecommunications bill (S. 652) is sponsored by Sen. Larry Pressler (R-SD). The House bill (H.R. 1555) is sponsored by Rep. Thomas J. Bliley Jr. (R-VA) and has 26 co-sponsors. The Senate version of the bill (S. 652) has been sent through the Senate Committee on Commerce, Science, and Transportation and the Senate Antitrust, Business Rights, and Competition Subcommittee. The House bill (H.R. 1555) was sent to the House Committee on Commerce, the House Committee on the Judiciary, and the Telecommunications and Finance Subcommittee.

STATUS: The Exon Amendment passed (84-16) on June 14, 1995. The Senate's telecommunications bill containing the amendment (S 652) passed (81-18) on June 15, 1995 and then sent the bill the House. The House is considering its own versions of the bill (H.R. 1555, H.R. 1528) that may attract similar amendments and is schedules to debate its bill beginning August 1, 1995.

PRO: Supporters of the amendment say it is necessary to protect children from pornography and sexual harassment over the Internet.

"It is not an exaggeration to say that the worst, most vile, most perverse pornography is only a few click-click-clicks away from any child on the Internet." -- Sen. Jim Exon (D-NE)

CON: Opponents of the measure include civil libertarians, the computer industry, and computer users. They argue that the amendment is a violation of Constitutional free-speech rights and would damage the integrity of the Internet.

"Nobody in the Senate wants to give pornography to children. But many of us also don't want to destroy the Internet. We can keep obscenity away from children without putting on a huge government layer of censorship. Let's not smother the Internet for the 99.9 percent of the people who are using it legitimately." -- Sen. Patrick Leahy (D-VT)

WHAT'S NEXT: The Senate version of the bill with the Exon amendment move to the House. The House will debate a telecommunications bill beginning August 1 and amendments similar to the Exon amendment may be proposed. If the House passes its own version, it will have to be reconciled with the Senate version.