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"Alperin, Glenn" <[log in to unmask]>
Mon, 1 Dec 1997 13:47:56 -0500
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Betty wrote:

>Hiya,
>
>I see mostly technical questions here, but I'm
>having a dilemma that I need input on.
>
>As a list owner I've never been in the business of
>verifying anything about the people who subscribe
>to my discussion list.  Since 1990, my basic philosophy
>has been that if someone can keep their behavior
>consistant with our list guidelines
>http://www.topchoice.com/~psyche/lists/sex-l.html
>(e.g. be respectful towards others, no flaming, no
>condoning nonconsentual stuff, etc), and wants to stay,
>then they are welcome.  but the net is a different place
>these days... it's not just college students, staff, etc.
>anymore...  Recently there been some concern expressed that
>since we talk about sexuality and relationships, that members
>could be risking legal problems by posting to the list because
>there are legal minors present.
>I've also been checking out laws related to sexuality
>and in some places in the US anything except for
>intercourse (and yes the type of intercourse was
>specified in the law) between 2 opposite sex legally
>adult married people is against the law.  Does that
>mean that talking about or condoning illegal activities
>(such as oral sex, etc) is also against the law?  or
>posting text based depictions of said activities?
>This is making me crazy because given that we have
>subscribers from probably over 50 countries, are we
>supposed to cater to the most restrictive laws?
>That's a bit outrageous if you ask me... might as
>well just shut the list down if it boils down to
>that.

The internet, being a sort of land of its own, can not easily be regulated
by any country or state, despite the will of certain people here in the
USA to do just that, and as I understand it, a similar action has been
taken in the UK, also to my chagrine.

In addition to this chaotic attempt of government to interfere with the
internet, there is also a question of legal age.  In the USA, the legal
age is 18, but in other countries, this age varies.  It wouild require an
unreasonable amount of time and energy to verify that legal age is being
enforced in the country of the e-mail origin, and it could concievably
cause animosity among your list members if some 15 year olds can
participate while others can not.

>I've taken the stance that sexuality is a natural
>part of life and should be something we talk about
>openly and honestly, but it's beginning to look like
>I'm risking being thrown in jail for taking such
>a stance given the sex-negative climate we live in.
>I really don't want to go to jail folks...
>Anyone have an ideas on this dilemma??

Mine given above.

>Are there any effective ways of keeping minors from
>subscribing?

How does one prove the identity of a user of the internet when it is so
easy to fake?  I have even seen faker ID cards around my college campus,
so it should not be difficult for anybody who cares to do so to get one
themselves, claim to be of legal age, and still participate illegally and
fraudulently.

>and does anyone have a good legal feel for whether
>a disclaimer that people should be of legal age
>or have their parents permission would protect list
>members from legal problems that could arise from
>minors being present on a list where sexuality is
>discussed?

Like I said above, you can strive for this, but in the long run, you will
get no where.  You can not prove the identity of the conscenting adult
just as you can not prove the identity of the curious youngster.  The only
absolutely safe thing you can do is make all reasonable effort to ensure
that you are dealing with the people you think you are, and as for what
that would take I have no idea...

>Out for now,
>Betty
>http://www.topchoice.com/psyche/

Glenn

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