"Robert J. Brown" <rj@eli.wariat.org> HAS GONE FAR ENOUGH

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I just downloaded the entire text of the TELECOMMUNICATIONS ACT OF
1996, and while I understand the purported intent of the decency
section, I fear that it both makes life difficult for internet system
operators, and also that it infringes on our constitutionally granted
rights, but nevertheless, it is now law.

According to this law:

                             TITLE V--OBSCENITY AND VIOLENCE
               SUBTITLE A--OBSCENE, HARASSING, AND WRONGFUL UTILIZATION OF
                              TELECOMMUNICATIONS FACILITIES
          SEC. 501. SHORT TITLE.
            This title may be cited as the `Communications Decency Act of
          1996'.
          SEC. 502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES
                            UNDER THE COMMUNICATIONS ACT OF 1934.
            Section 223 (47 U.S.C. 223) is amended--
                (1) by striking subsection (a) and inserting in lieu thereof:
            `(a) Whoever--
                `(1) in interstate or foreign communications--
 [ deleted ]
                    `(C) 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 communications;
                    `(E) 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
[ deleted ]
          shall be fined under title 18, United States Code, or imprisoned
          not more than two years, or both.'

This sounds to me like threatening anonymous email, or mailbombing,
are both now serious offenses, provided that they occur as interstate
or foriegn (including Norwegian) traffic.  I understand that the
United States Federal Government could have authority to arrest,
prosecute, and imprison or fine in interstate cases, but what about
foriegn ones?  Are they going to go arrest someone in Norway?  I
rather thingk that is outside their jurisdiction!  Of course, if a
person inside the US sent such email to a person outside the US, they
would have authority.

BTW the entire text of the law is now available at:

    ftp://eli.wariat.org/pub/s652_hr1555_96.act

It is too bad that a law with the advertised intent of doing what we
here on higher-fire would like to call good threatens the existence of
the very systems that we rely upon to distribute this mailing list.
If I, as an owner/operator of a machine on the internet knowlingly
permit someone to break this 300 KB+ law, I could wind up in jail for
2 years!  And the bad part is I don't even have to do it; a lawyer
only needs to convince a jury that I did it!  So if I am accused, then
I must bear the cost of my defense.  Just ask OJ or the Clintons.

-- 
-----------  "...  And the men went up and viewed Ai."  [Jos 7:2]  -----------
Robert Jay Brown III  rj@eli.wariat.org  http://eli.wariat.org  1 847 705-0370
Elijah Laboratories Inc;  759 Independence Drive;  Suite 5;  Palatine IL 60074
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