FW: Worthwhile cause (fwd)

[Robert Beard]

I am bewildered at all the sudden reactions-- blue ribbons, petitions to
Clinton, and other reactions to the Exon Bill which President Clinton signed
a week or so ago.  First, because the responses are generally channelled to
Clinton, who had nothing to do with the bill except to agree to sign it most
probably because he know a veto would be overturned.  Second, because for a
full year prior to the passage of the Exon bill efforts were made to stop
the passage of the bill before it came to the Oval Office and very few
people reacted to those attempts.  Third, because the Exon bill is the
Communications Decenty Act of the 40's prohibiting free speech on radio and
television which doesn't seem to have bothered many people.

Certainly petitioning Clinton is a misdirected reaction.  We must at this
point wait to see how the courts react, how they define such terms as
'initiate transmission'.  (If I open a usenet posting and discover an
indecent proposal, have I 'initiated transmission' of that proposal?.) Any
way, if you are interested in the free speech issue, here is a copy of the
full text to peruse before hoisting the flag.

---------------------------------------------

COMMUNICATIONS DECENCY ACT (Senate - June 09, 1995)

Amendment 1268

Beginning on page 137 line 12 through page 143 line 10, strike all therein
and insert in lieu thereof:

(1) by striking subsection (a) and inserting in lieu thereof:

`(a) Whoever--

`(1) in the District of Columbia or in interstate or foreign communications

`(A) by means of telecommunications device knowingly--

`(i) makes, creates, or solicits, and

`(ii) initiates the transmission of, any comment, request, suggestion,
proposal, image, or other communication which is obscene, lewd, lascivious,
filthy, or indecent, with intent to annoy, abuse, threaten, or harass
another person;

`(B) makes a telephone call or utilizes a telecommunications device, whether
or not conversation or communication ensues, without disclosing his identity
and with intent to annoy, abuse, threaten, or harass any person at the
called number or who receives the communication;

`(C) makes or causes the telephone of another repeatedly or continuously to
ring, with intent to harass any person at the called number; or

`(D) makes repeated telephone calls or repeatedly initiates communication
with a telecommunications device, during which conversation or communication
ensues, solely to harass any person at the called number or who receives the
communication; or

`(2) knowingly permits any telecommunications facility under his control to
be used for any activity prohibited by paragraph (1) with the intent that it
be used for such activity, shall be fined not more than $100,000 or
imprisoned not more than two years, or both.'; and

(2) Section 223 (47 U.S.C. 223) is further amended by adding at the end the
following new subsections:

`(d) Whoever--

`(1) knowingly within the United States or in foreign communications with
the United States by means of telecommunications device--

`(A) makes, creates, or solicits, and

`(B) initiates the transmission of or purposefully makes available,
any comment, request, suggestion, proposal, image, or other communication
which is obscene, regardless of whether the maker of such communication
placed the call or initiated the communications; or

`(2) knowingly permits any telecommunications facility under such person's
control to be used for an activity prohibited by subsection (d)(1) with the
intent that it be used for such activity; shall be fined not more than
$100,000 or imprisoned not more than two years or both.

`(e) Whoever--

`(1) knowingly within the United States or in foreign communications with
the United States by means of telecommunications device--

`(A) makes, creates, or solicits, and

`(B) initiates the transmission of, or purposefully makes available,
any indecent comment, request, suggestion, proposal, image, or other
communication to any person under 18 years of age regardless of whether the
maker of such communication placed the call or initiated the communication; or

`(2) knowingly permits any telecommunications facility under such person's
control to be used for an activity prohibited by paragraph (1) with the
intent that it be used for such activity, 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--

`(1) The provision of access by a person, to a person including
transmission, downloading, storage, navigational tools, and related
capabilities which are incidental to the transmission of communications, and
not involving the creation or editing of the content of the communications,
for another person's communications to or from a service, facility, system,
or network not under the access provider's control shall by itself not be a
violation of subsection (a), (d), or (e). This subsection shall not be
applicable to an individual who is owned or controlled by, or a conspirator
with, an entity actively involved in the creation, editing or knowing
distribution of communications which violate this section.