Legislative Proposal for New Indecency Language in Telecom Bill

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 prohibits, but fails to define, "indecent" speech to
minors -- a dangerously vague, medium-specific, and, after decades of litigation,
still undefined concept, which may include mere profanity. This may tie up
successful prosecution of the law in courts for years to come, while courts
wrestle to divine a constitutional definition of "indecent" -- and while
companies are left with uncertain liability.
Second, the October 16 proposal may actually hold systems liable for
communications over which they have no specific knowledge or control. The
proposal purports to target those who "knowingly" send prohibited communications
-- itself a relatively low standard of......

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Title: Legislative Proposal For New Indecency Language In Telecom Bill
Approximate Word Count: 2722
Approximate Pages: 11 (250 words per double-spaced page)

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