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- Path: ra.nrl.navy.mil!usenet
- From: dyer@alx.sticomet.com (Doug Dyer)
- Newsgroups: comp.sys.amiga.misc
- Subject: Re: Clinton Signs Telecom. Law !
- Date: 15 Feb 1996 13:36:56 GMT
- Organization: Naval Research Laboratory
- Message-ID: <4fvcto$1og@ra.nrl.navy.mil>
- References: <19960212.8B89F08.607B@vrb.com> <2136.6618T624T1244@kcsys.com> <4fu55b$fbd@fcnews.fc.hp.com>
- NNTP-Posting-Host: tgdp00.nrl.navy.mil
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-
- tomk@fc.hp.com (Tom Kennedy) writes:
-
- >Jason Meudt (jmeudt@kcsys.com) wrote:
- >: On 11-Feb-96 22:31:24, Aaron Smith said to All something about Re: Clinton
- >: Signs Telecom. Law !
- >: > Hahaha, do you really have a clue what he signed? I watched the whole
- >: >thing. The bill frees up companies like your cable company to offer phone
- >: >access, and your phone company to offer video. It could mean you can buy
- >: >internet from a dish from anyone from the ATT to TCI to Sears. This cuts
- >: >limitations and crap that allow monopolies to exist like AT&T. I fully
- >: >support BOTH the telecommunications act AND the Decency in telecommunications
- >: >bill.
-
- >: You cannot even begin to understand what you have just said! You support
- >: the Decency portion of the bill????? This portion of the bill is a slap
- >: in the face to everyone using the net in that it allows, nay... DEMANDS(!),
- >: the providers act as our 'virtual' censors!
-
- >Woh! Here's the relevant text (from thomas.loc.gov):
-
- <snip>
-
- >I think people have been blowing this *way* out of proportion. (Hell,
- >today I recieved email that said this bill would prohibit anyone from
- >discussing abortion in email or newsgroups. It doesn't!)
-
- That is another, different amendment to the bill. It is quite real.
- I've included it below.
-
- >Doesn't sound that bad at all... Did I miss something????
- >Tom Kennedy
-
- Yes. Totally. Absolutely. This is on thomas.loc.gov (but not obvious
- to get too). It has been pulled out verbatum from the following site:
- http://www.eff.org/pub/Censorship/Internet_censorship_bills/HTML/ab_debate.html
- Here is Section 1462 as Amended (telecom bill changes are in "<" and ">").
- Remember, you can't trust the legislation as they sneak in rewrites
- as amendments.
-
- Here is the abortion part:
- ____
- Section 1462. Importation or transportation of
- obscene matters. Whoever brings into the United States, or any place subject
- to the jurisdiction thereof, or knowingly uses any express company or other
- common carrier , for carriage in interstate or foreign commerce - (a) any
- obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film,
- paper, letter, writing, print, or other matter of indecent character; or (b) any
- obscene, lewd, lascivious, or filthy phonograph recording, electrical
- transcription, or other article or thing capable of producing sound; or (c) any
- drug, medicine, article, or thing designed, adapted, or intended for producing
- abortion, or for any indecent or immoral use; or any written or printed card,
- letter, circular, book, pamphlet, advertisement, or notice of any kind giving
- information, directly or indirectly, where, how, or of whom, or by what means
- any of such mentioned articles, matters, or things may be obtained or made; or
- Whoever knowlingly takes , from such express company or other common
- carrier any matter or thing the carriage <or importation? of which is herein
- made unlawful - Shall be fined not more than $5,000 or imprisoned not more
- than five years, or both, for the first such offense and shall be fined not more
- than $10,000 or imprisoned not more than ten years, or both, for each such
- offense thereafter.
-
- Here is the text which adds the interactive computer service part in the Telecom
- Bill:
- ____
- Sec. 507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
- OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS. (a)
- Importation or Transportation. --Section 1462 of title 18, United States Code,
- is amended-- (1) in the first undesignated paragraph, by inserting "or
- interactive computer service (as defined in section 230(e)(2) of the
- Communications Act of 1934)" after "carrier"; and (2) in the second
- undesignated paragraph-- (A) by inserting "or receives" after "takes"; (B) by
- inserting "or interactive computer service (as defined in section 230(e)(2) of
- the Communications Act of 1934)" after "common carrier"; and (C) by inserting
- "or importation" after "carriage".
-
- Now in a nutshell, here is the summary of what this all means:
- ____
- Section 507 of the telecom bill amends Section 1462 of Title 18 of the U.S. Code
- (Chapter 71) in ways which may make sending the following over the Internet
- illegal: - any text, graphic, or sound that is lewd, lascivious, or filthy - any
- information telling about how to obtain or make abortions and drugs, or
- obtaining or making anything that is for indecent or immoral use. Politicians
- differ in their interpretation of the amended Section 1462. Pat Schroeder's office
- says that the changes "will criminalize a wide array of public health information
- relating to abortion, including discussion of RU-486 on the Internet."
- (Schroeder plans to bring a motion to the floor to remove the abortion language
- from the telecom bill on February 26.) Sam Stratman from Rep. Hyde's office
- insists that courts have already invalidated subsection (c) of Section 1462
- (although it remains on the books), so the extension of 1462 to include
- "interactive computer services" would have no bearing on abortion-related
- materials. According to Steven Lieberman from the NY State Bar, the Supreme
- Court in Bigelow v. Virginia (1975) invalidated the prohibitions in subsection
- (c) against the dissemination of information about abortion. (This was a case
- concerning the availability of out-of-state abortion materials in the state of
- Virginia.) In Roe v. Wade the Supreme Court invalidated the prohibitions
- against any "drug, medicine, article, or thing designed, adapted, or intended for
- producing abortion." Thus, summarized Lieberman, "A prosecution under
- subsection (c) of Section 1462 would be doomed from the outset." So, it
- appears that both Schroeder and Hyde are correct. From a strictly formal
- standpoint, the prohibitions on abortion information are indeed in place.
- Technically, the telecom bill does criminalize abortion discussion. However, it
- is unlikely that any U.S. court would enforce the amended Section 1462, as it is
- legally toothless (though it has not yet explicitly been ruled unconstitutional).
-
- --
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