(New York) PANIX/Public Access Networks Corp. announced today that it is challenging New York State's Communications Decency Act on the grounds that it imposes unconstitutional restrictions on on-line expression. The law, which went into effect in November, criminalizes speech deemed harmful to minors when communicated over the Internet and other computer networks. However, it leaves a wake of uncertainty that would significantly inhibit protected speech. PANIX is suing on its own behalf as an Internet Service Provider, as well as on behalf of its users.

PANIX pioneered public access Internet services. First in New York and one of the oldest providers of Internet Services to the public in the world, PANIX has provided commercial Internet (including e-mail, news, web browsing and hosting) services to thousands of individual and corporate customers, as well as donated services for select community and activist organizations. "A community center distributing AIDS prevention information should not have to wonder if it is committing a criminal act by telling people about life-saving safer sex practices," said PANIX owner Alexis Rosen. "There are tools that give parents the power to choose what their children can access on the Internet. Forcing people to predict what a court could find harmful to a minor and then having them risk criminal prosecution on it is the wrong way to go."

The Federal Communciations Decency Act was found unconstitutional last year and awaits hearing by the U.S. Supreme Court. If the New York State law is upheld, it could have severe consequences for PANIX and other companies transmiting or generating on-line content. New York City's "Silicon Alley" area, where PANIX is based, hosts a concentration of companies thriving on on-line communications; the law puts companies within New York State at a disadvantage over those in states free of such encumbrances, and may determine whether such companies choose to locate within New York State. The law may also affect content generated outside New York State but transmitted over a network and accessed within New York.

PANIX joins other plaintiffs in the ALA vs. Pataki suit, represented by attorneys from the ACLU and the law firm of Latham & Watkins.

"We hope the court will recognize the constitutional problems with this law and protect on-line expression," Rosen said.