BILLS TARGET INTERNET DISTRIBUTION OF DRUG, GANG INFORMATION

Sending drug or gang information over the Internet would be illegal under
two bills proposed by the Republican leader in the Illinois House.

Rep. Lee Daniels, R-Elmhurst, wants to make transmitting drug information -
if a person knows the information will be used in illegal activity - a
Class A misdemeanor under House Bill 219.

House Bill 228 would make it a class 4 felony to send information, pictures
or images designed to further gang-related activity.

Daniels' spokesman, Gregg Durham, said Friday that with the advent of
technologically savvy criminals, the state needs to strengthen laws
regarding information transmitted by computer.

"A lot of criminals are sophisticated," Durham said. "They can read the
laws and know where those loopholes are."

The possibility of the state criminalizing the transfer of information has
drawn the attention of at least one civil rights advocate.

"We really have concerns about this bill and the limited reach of it to
expressions over the Internet," said Ed Yohnka, spokesman for the American
Civil Liberties Union. Yohnka was willing to speak only about the bill
relating to drugs. He said the ACLU had not examined fully the proposal
pertaining to gangs.

"One presumes that there are magazines and books and pamphlets that might
contain the same information," he said. "Why would you only attempt to
target information that's on the Internet?"

While he was unwilling to say whether the ACLU would challenge the
constitutionality of the bill if it is signed into law, Yohnka did say the
subject matter lends itself to such a possibility.

"A broad prohibition on dissemination of information without any kind of
attention or thought being given to how the material might be used could
certainly be the subject of a challenge," Yohnka said.

Bills attempting to criminalize those communications were introduced in
1999 as well. Both passed the Democrat-controlled House, but neither was
brought up for a vote in the Republican-controlled Senate.