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Mon, 19 Jun 1995 11:59:06 CDT |
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Roadmap For the Information Superhighway |
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I was reading the Communications Decency Amendment (the "Exon
Amendment") to Senate 314, and I now (thanks to my dad) have
a pretty serious (albeit reactionary) question:
If we combine (e)(1) with (f)(3), doesn't that require everyone who
who wishes to use the "f" word in a post to any LISTSERV group to first
obtain a list of everyone who's on the listserv and then obtain
assurances from everyone on that list that they aren't under 18?
The following text from the Communications Decency Act is from
gopher://gopher.panix.com:70/00/vtw/exon/legislation/s314.final
``(e) Whoever--
``(1) knowingly within the United States or in foreign
communications with the United States by means of
telecommunications device makes or makes available
device makes or makes available any indecent
comment, request, suggestion, proposal, image
to any person under 18 years of age regardless
of whether the maker of such communication placed
the call or initiated the communication ...
... shall be fined not more than $100,000 or imprisoned
not more than two years or both.
``(f) Defenses to the subsections (a), (d), and (e),
restrictions on access, judicial remedies respecting
restrictions for persons providing information services
and access to information services--
``(3) It is a defense to prosecution under subsection (a),
(d)(2), or (e) that a person has taken reasonable,
effective and appropriate actions in good faith to
restrict or prevent the transmission of or access
to a communication specified in such subsections,
or complied with as the Commission may prescribe
in furtherance of this section ... .
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