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Texas Bill to Filter Highway Rest Stop Internet

girlchik writes "HB 3314, up for hearing in the Texas House State Affairs committee on Monday, would require the state to filter wireless internet access at highway rest stops. This bill mandates filtering at any state-provided wireless network on public property. Since last May, the Texas Department of Transportation has offered wifi access at state rest stops. There is also wifi access at some Texas state parks provided in partnership with Tengo Internet. This bill protects truckers at highway rest stops and campers in their RVs at campsites from adult content. Sounds both wasteful and unconstitutional."

28 of 627 comments (clear)

  1. Breaker, breaker by Anne_Nonymous · · Score: 5, Funny

    Smokey on my IP Log, Bandit.

  2. Gee, how will they get around this? by Zorilla · · Score: 4, Insightful

    I guess truckers need to learn how to use web proxies now?

    --

    It would be cool if it didn't suck.
  3. I dunno about both. by GlassUser · · Score: 5, Insightful

    Wasteful, definately. I don't know about unconstitutional though. The state's constitution definately allows it to provide public services like this. I would think that filtering would just be providing less of a service (eg not full internet access).

    The biggest problem is that this filtering stuff is pretty much totally ineffective. It blocks a lot of decent stuff that I actually need (sysadmin tools for example), and the pr0ns people still find ways to get the waving wangs through the filters.

    1. Re:I dunno about both. by DrEldarion · · Score: 4, Insightful

      Is it really wasteful, though? The state is providing access, so that means the state is footing the bandwidth bill. Would you want to pay for a staggering amount of bandwidth used by horny truckers downloading pics and movies constantly?

      One could argue that it's PREVENTING waste of money.

    2. Re:I dunno about both. by humanerror · · Score: 5, Insightful

      It's actionable when government makes laws abridging the freedom of speech. Filtering a "public service" in such a way as to restrict free speech (and its complement, the freedom to hear said speech if you so choose) is an abridgment, by law. Calling it a "public service" or "public utility" and claiming a constitutional exemption just won't cut it. (the US Constitution trumps the TX one in this regard)

      Then there is your other point. Filtering does block arbitrary content which may or may not actually fall under the publicly stated guidelines for being blocked. How would the average user or the public ever know?

      "We're blocking porn, yup yup. Um, of course, there may be some collateral damage. You can't get to the ACLU, or the opposition candidates' websites. These things happen. But, please, just think of the children."

      If they are providing such a service on the taxpayer's dime, it must be usable by every taxpayer in whatever manner they so choose. Regulating speed limits on the taxpayer funded asphalt highways is one thing. Regulating the content which people choose to access on a taxpayer funded information highway is an altogether different thing - an unconstitutional, draconian, totalitarian one.

      --
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    3. Re:I dunno about both. by Sunlighter · · Score: 5, Informative

      If that were the real intent, they could set up a content-neutral form of blocking, based on actual bandwidth usage.

      --
      Sunlit World Scheme. Weird and different.
    4. Re:I dunno about both. by Anubis350 · · Score: 4, Interesting

      ::sigh::

      1) Not all the sites filtered are going to be pron. Filtering isnt perfect and this means that legitimate stuff will get blocked (like anything involving coral cache prolly, or medical sites, or abortion sites, or.... you get the idea)

      2) Porn isnt illegal, illegal porn is illegal. That sounds silly but its important. This is a public service, if its legal than you should be allowed access to it. Sure, make temporary logs if you want to stop illegal use, but don't blanket ban everything on a subject. Sure argue that logs are ineffective, guess what? so is filtering!
      I want the State of Texas to leave the internet open for any kid with a laptop to override their usual ISP proxies and filters (AOL etc.) at every highway service, and browse horse porn and look up bomb-making instructions sitting next to the forecourt of a gas station."
      thats the parents problem now isnt it, or are we now a nanny state?

      You know you can get some types of porn from local libraries? Perhaps we should stop funding them, evil institutions.... Freedom of speech is freedom of speech, it is not freedom of speech when I like it.

      --
      "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
    5. Re:I dunno about both. by NMerriam · · Score: 4, Insightful

      The US constitution is not relevant here. State issue. Stay out.

      If the issue is free speech, the US Constitution trumps all. The question is whether limiting publicly-provided internet access based on content is an abridgement of speech. It's pretty much a no-brainer, the Supreme Court has already said in a hundred different variations that municipalities (be they federal, state or local) can't restrict speech by and to adults solely on content.

      --
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    6. Re:I dunno about both. by R.Caley · · Score: 4, Insightful
      Filtering a "public service" in such a way as to restrict free speech (and its complement, the freedom to hear said speech if you so choose) is an abridgment,

      The government deciding not to provide you with some particular service is not restriction on freedom of speech as that is usually understood.

      The first amendment is an expression of the idea that the state should not prevent you from speaking, not that the state is obliged to in any way help people hear you. If you want people to see your pron at truckstops, set up your own wifi infrastructure.

      As proof, take the extreme case. Assume there is at least one truck stop at which they provide no wifi service at all (for technical or financial reasons). That is a 100% filter on the service provided to people who stop at that stop. I doubt any court would decide that was a first amendment issue.

      Or take state funded media. Obviously I can't give a Texas example, the UK government recently started broadcasting a channel of professional education programmes for teachers. Imagine Texas did the same. They would not thereby be obliged to broadcast every single possible programme on their channel.

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    7. Re:I dunno about both. by OWJones · · Score: 4, Insightful

      The government deciding not to provide you with some particular service is not restriction on freedom of speech as that is usually understood.

      But that's not what's happening in this case. Here the government has provided the truckers with a given service, and are now attempting to restrict it in a content-specific manner. Material is withheld from the citizens specifically because of what it says or portrays. That's censorship.

      As proof, take the extreme case. Assume there is at least one truck stop at which they provide no wifi service at all (for technical or financial reasons). That is a 100% filter on the service provided to people who stop at that stop. I doubt any court would decide that was a first amendment issue.

      Apples and oranges. Your "extreme case" is a case of content-neutral filtering. It does not discriminate on any particular basis. All content representing all points of view is being "withheld" regardless of what it says or portrays. What the state is proposing to do is filter based on content, which is a big no-no.

      Or take state funded media. Obviously I can't give a Texas example, the UK government recently started broadcasting a channel of professional education programmes for teachers. Imagine Texas did the same. They would not thereby be obliged to broadcast every single possible programme on their channel.

      No, they would have to select programs in a way that didn't filter out or censor on any of the grounds that tend to get higher scrutiny from the courts.

      -jdm

  4. hmm by Turn-X+Alphonse · · Score: 4, Interesting

    Maybe to prevent walking by a car and seeing some pervert jacking off? I know I don't want to walk by a car and notice some girl being screwed by a horse while some weird looking guy smiles politely and acts like he's not doing anything...

    --
    I like muppets.
    1. Re:hmm by bill_mcgonigle · · Score: 5, Insightful

      Have you ever seen a magazine rack at a truck stop?

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    2. Re:hmm by Anonymous Coward · · Score: 4, Funny

      Yes, and they didn't even have a copy of Linux Journal, sheesh.

    3. Re:hmm by Anonymous+Luddite · · Score: 5, Funny

      >> Have you ever seen a magazine rack at a truck stop?

      No kidding. I bet this has less to do with preventing porn (impossible) or stopping illegal activities (good luck) than protecting the legislators chances of getting re-elected

      Anyone willing to take a stand against truck-stop masturbation must be worthy of your vote...

    4. Re:hmm by nick_davison · · Score: 5, Insightful

      Maybe to prevent walking by a car and seeing some pervert jacking off? I know I don't want to walk by a car and notice some girl being screwed by a horse while some weird looking guy smiles politely and acts like he's not doing anything...

      There are already laws in place that regulate that. Spanking your plank in public, whether via wifi or a magazine is equally punishable.

      Quite whose business it is, however, what a guy does in the back compartment of a big rig, with no windows below 8-feet off the ground and curtains drawn, is beyond me.

      The bigger issue is what happens when a trucker checks the highway patrol warnings page and can't view it because "Woman flashing her breasts on overpass." causes the entire page to be censored. Or, to use your analogy, "Animals escaped from farmyard. One horse, one cock and a couple of bitches in right lane."

      What other keywords would get blocked? Would every driver with a consignment of porn that he was carrying be unable to access his email because key words in his shipment caused every email about it to be filtered?

      Even if they just filter specific websites, all it takes is for Larry Flynt to sue for access to be re-enabled to his website as he runs an extranet for his delivery drivers from it and the filtering now penalises legitimate business.

      In short, it's a dumb idea that can't be implemented without causing all kinds of problems to perfectly legal business and the only justification for it - stopping weirdos from jacking off - already has perfectly good laws addressing it.

  5. Re:well... by maxjenius22 · · Score: 5, Funny

    Yes, because the state gets it's money from magical gnomes who collect underpants.

  6. What Ceasar funds... by PsiPsiStar · · Score: 4, Interesting

    ... Caesar controls.

    Of course, this seems to open the possibility that obscene materials could also be banned in email. Or am I misreading things?

    I like this section;

    (e) This section does not apply to a university system or
    institution of higher education as defined by Section 61.003,
    Education Code.


    So at least college kids can still look at porn and med students won't have the breasts filtered out of their diagrams.

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    ___
    It's the end of my comment as I know it and I feel fine.
  7. Re:CB radios by ShaniaTwain · · Score: 5, Funny

    This bill protects truckers at highway rest stops and campers in their RVs at campsites from adult content.

    THANK GOD! someone is finally protecting the nations truckers from adult content.. this is particularly good for all those underage truckers. We'll definately want to get those CB's filtered, as well as payphones, cellphones and conversations in diners. It might take a lot of work, but eventually we'll get everything clean clean clean.

    Then we can start to work on preventing Male Trucker Lactation

  8. What?? by crowemojo · · Score: 4, Insightful

    Sounds both wasteful and unconstitutional.

    Since when do we have the right to a free internet connection? Not only that, but the right to do whatever the heck we want on a connection that is by no means ours. Come on, that's taking it a bit far. I'm all for individual's rights, and not letting the man go too far, but it seems like people are quick to cry unconstitutional sometimes, which is a shame, becuase it dilutes the impact of similar, legitimate claims.

  9. Re:Same for Municipal WiFi? by ImaLamer · · Score: 4, Insightful
    You know what, when one of the last WiFi stories came up I had a similar comment. It was modded flamebait because everyone wants muni WiFi (but they don't want to think about any possible down sides).
    In fact, I said:
    Just wait a few years when the religious zealots in town decide that "their" tax money isn't going to go to pr0n and that there should be filters in place. Hasn't this been the argument when it comes to filtering any other publicly funded access?

    Now, who told you so?
  10. Interesting Issue by logicnazi · · Score: 4, Informative

    While this is certainly a disturbing development the constitutionality of it is unclear and quite interesting.

    On the one hand the first ammendment certainly does not require libraries to provide pornographic magazines or otherwise provide some unbiased representation of viewpoints. In general the first ammendment does not restrict the government from providing some content but not others (except when this infringes on the establishment clause).

    However, while library filtering has been deemed constitional the supreme court has also ruled that libraries must allow adults to bypass the filters. In other words apparently the supreme court has recognized that internet filtering is significantly different than buying library books. The library has legitimate financial constraints in what books it provides but does not in internet filtering.

    So the question becomes very unclear in the case of truck stops. Since these are entierly automated they can't very well demand a librarian turn the filtering off. Still, since one does need to be at least 16 to drive and because of the real possibility that by providing enough government internet access filtering could stifle free speech I imagine it would be declared unconstitutional but it is a tough call.

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  11. Protects Truckers by NitsujTPU · · Score: 5, Funny

    It is important to protect truckers from adult content. You know how sensitive they can be! The last thing that I would want to see after a long drive, at the end of the day, would be a naked woman doing something sexual. Instead, it would be far better for me to read Slashdot, or something of that nature.

    You know what delicate flowers truckers can be!

  12. unconstitutional? by ltwally · · Score: 4, Insightful
    "Sounds both wasteful and unconstitutional."
    Well, I'd tend to agree with the wasteful bit... but, unconstitutional? Federal, state and local governments have censors on what can and cannot be transmitted over public air-waves (ie. radio and tv). While some might scoff at these laws, the fact is that most people don't mind them. Many, in fact, are glad for them, so that their children are not flooded with pornographic advertisements during cartoon time. (we'll skip over the lack of violence censors, as it's a little beyond my scope.)

    Anyways, as to the constitutionality of pornography: Last I'd known, the Supreme Court's ruling on pornograhy was that it was not covered under "Freedom of Speech." This is why laws controlling pornographic sales are constitutionally legal.

    Under those same tenates, doesn't a community (be it a small town, or a state-wide effort) have the right to determine what should be provided over publicly accessible mediums? As long as pornography is not covered under the 1st Amendment, then why shouldn't a community have the right to ensure that little Billy doesn't stumble on to some kinky German fetish site while he's playing around on his laptop while his parents are using the bathrooms at a rest stop?

    As much as people talk about the seperation of Church and State these days, it seems that many forget that our founding fathers were big fans of State vs Federal seperation. If Texas wants block pornography from public WiFi spots, fine. And, if San Francisco wants to dedicate their homepage to Gay and Lesbianism, that is their right, as well. And, it's your right to bitch about if you don't like it. That's what makes this country great.
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    /dev/random
  13. Re:Government responsibilities by qw(name) · · Score: 5, Insightful

    But, virtually every law has its origins in morality. The two cannot be separated.

  14. Re:Filtering software by interstellar_donkey · · Score: 4, Interesting

    Yes. I've dealt with filtering at the server level before. What perplexed me is how, while at a school I tried to visit one of my own webpages which had no photos and zero profanity or discussions of sex or violence, the server preempted the page with it's own page which read "This website was blocked for content". Though for fun, I found that it was very happy to allow "fatchicksinpartyhats.com".

    I swear, I think the filtering software that district had just blocked random pages with no reason, and somewhere there's a vendor out there laughing hysterically, wearing a top-hat and a monicle, holding large sacks with dollar signs printed on the side.

    --
    The Internet is generally stupid
  15. Re:Filesharing? by FidelCatsro · · Score: 4, Informative

    I would really hope that a majority of people don't have a problem with truckers looking at porn..Why would people even worry about that .I mean i had never thought about it before today (Its more worrying people are thinking about this as a cause for concern). i think i would have no problem with it .
    Honestly they are on the roads for hours alone they cant drink so what else is left , smoking and porn.

    Anyway if they filter out the porn ,people are going to be paying exactly the same for the truckers to look at other things .
    the whole argument is illogical as truckers pay taxes too.

    Prudish attitudes are immature and what this boils down too is some moralist politican trying to force his belifes(of things that will get him votes) on others.

    Truckers are one of the backbone of the western world , so lets cut them some slack here and allow them to look at some porn when they are on a break

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
  16. Re:unconstitutional? by BackInIraq · · Score: 5, Insightful

    Federal, state and local governments have censors on what can and cannot be transmitted over public air-waves (ie. radio and tv).

    Usually only in _broadcast_ mediums...radio, TV, etc. WiFi is more of a point-to-point medium, such as a cellphone or cordless phone. While the transmissions could very much be monitored or intercepted by a third party, they are very much not intended to be (unlike CB, for instance, where everybody is expected to be able to hear your conversation). So yes, you can still swear on your cellphone, and you can still look at porn over WiFi. Transmission vs. broadcast.

    As long as pornography is not covered under the 1st Amendment, then why shouldn't a community have the right to ensure that little Billy doesn't stumble on to some kinky German fetish site while he's playing around on his laptop while his parents are using the bathrooms at a rest stop?

    Something I (and strangely enough, my conservative wife) feel strongly about is parents responsibility to protect their children from such things, and the governments lack of responsibliy to do it for them. You are perfectly free to protect little Billy as zealously as you want to: in your home. If little Billy just needs to use the WiFi at the truck stop (just sounds like a bad idea, no?), you STILL have options. You could install software on little Billy's computer itself to do some filtering. Or you could...you know, be a parent and monitor what the hell your child does. The world is not a sandbox, and not everything in the world is appropriate for children. You want to protect him from it, pay attention.

    Hell, in the world we live in nowadays, why the hell is any child young enough to be called "little Billy" being left alone at a truck stop anyway, especially with an expensive piece of electronics equipment? Which are you shooting for: your child getting kidnapped and raped, or just robbed?

    I remember at time when parents were expected to do parenting, not the community.

    All that said, constitutionally the state probably has the right to do this, but I definitely have the right to bitch about it. And as much as you might say this is just a reason not to move to Texas, it's getting harder and harder to find a place in this country outside the conservatives' reach...

  17. Re:Filesharing? by FidelCatsro · · Score: 4, Interesting

    ofcourse to counter that argument , i could easilly say truckers have to pay taxes aswell.
    if the people are providing the service then the service should be free to all people ,not censured by some small moralist core to be restrictive to the viewing habits they deem acceptable .

    I find many Christian belifes offensive and web sites that puport them as fact , should we then ban these sites as me and many others find their disinformation offensive. The awnser simply is no so why should we ban pornography .

    For and by the people means all the people , not just some small sector .
    thus we cant really censor anything logicaly , well except those things that clearly violate the law

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though