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Legislative Proposal For New Indecency Language In Telecom Bill
Beginning of Essay
I. Summary
Although the October 16, 1995 legislative proposal purports to regulate “
computer pornography”, the proposal contains fatal flaws which render the
proposal at best counterproductive and at worst devastating to on-line
communications. First, it .... Middle of Essay .... the proposal i) defines the
elements of criminal liability in vague and contradictory terms, and ii)
eliminates safeharbors in the Senate bill that would define a clear standard of
care, it might hold systems liable for actions that don't reach even a “
knowingly” standard of liability. As a result, access providers, system
managers and operators, and employers may potentially be liable for actions of
users over which they have no specific knowledge, intent, or control.
For any company that communicates by computer, the proposal:
1) Creates liability for, but never defines, “indecent” speech, a dangerously
vague standard that could leave ....
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Words: 2818 - Pages: 11
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