EPIC is participating in the litigation as both plaintiff and co-counsel. Less apparent is the assault on privacy rights that the legislation, if upheld, will engender. These records would be accessible to law enforcement agencies and prosecutors investigating alleged violations of the statute. Such a regime would constitute a gross violation of Americans' rights to access information privately and anonymously. Two years ago, the Supreme Court upheld the right to anonymous speech in McIntyre v. Ohio Elections Commission.
Anonymity is a shield from the tyranny of the majority.
The Communications Decency Act seeks to destroy that right. If upheld, the CDA would render the Internet not only the most censored communications medium, but also the most heavily monitored. EPIC is confident that upon review of the legislation and its impact upon free speech and privacy rights in emerging electronic media, the Supreme Court will affirm the lower court decision invalidating the CDA as fundamentally at odds with the Constitution. It was established in 1994 to focus public attention on emerging privacy and civil liberties issues such as the Clipper Chip, the Digital Telephony proposal, national ID cards, medical record privacy, and the collection and sale of personal information. EPIC is sponsored by the Fund for Constitutional Government, a non-profit organization established in 1974 to protect civil liberties and constitutional rights.