PRESS RELEASE

September 24, 2002

Attorney Says “Kid Only” Internet Domain Guidelines Are Cause for Concern

Government Regulation of Kids.Us under Development

CONCORD, NH - If proposed rules for creating and operating the Kids.Us domain site are adopted without any modification, they could have significant and far-reaching implications for how the government can partner with private companies to regulate content on the Internet, according to Jon Garon, attorney with Gallagher, Callahan & Gartrell in Concord, New Hampshire and professor at Franklin Pierce Law Center.

The creation of the Kids.Us domain is a project of the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA). The objective of the Kids.Us domain is to facilitate the establishment of a friendly and enjoyable environment for children using the Internet. Congress has been trying to develop similar legislation, but the NTIA has discouraged the law, preferring to operate using a private contract with NeuStar, Inc.

Neustar is currently developing guidelines and requirements for the Kids.Us domain, and public comment on the proposed rules closes on October 11th.

Garon said the current guidelines pose serious problems for the new Internet domain. For example, Garon said NeuStar seeks to require that each site have "some component of educational and information content for children on their respective domain," but that similar regulations in broadcast television have resulted in shows such as “The Smurfs” being deemed educational.

“Adapting these unworkable regulations should not be the starting point for creating a new regime of children’s content,” said Garon.

Garon has suggested alternative regulatory approaches. He said some organizations, such as libraries, museums, schools and other nonprofit educational companies, should be able to use the domain and self-regulate the content they provide without government oversight. Further, Garon said the proposed regulations lack any meaningful guidance as to the process for reviewing decisions to ban offending content.

“Under the proposed rules, the content managers for Kids.Us will be the ultimate Big Brother, serving as content czar, banning some messages and promoting others,” said Garon.

Garon said the creation of a safe environment on the Internet is necessary, but that it is critical that the regulations and structures selected be designed to protect our children, the free ideas, ideals and institutions we cherish and the values of open dialogue central to the Internet.

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