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Patrick Douglas Crispen <[log in to unmask]>
Mon, 19 Jun 1995 11:59:06 CDT
text/plain (39 lines)
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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