Re: Re[2]: Communications Decency Act (CDA) and the SCA

[Mark Schuldenfrei <schuldy@MATH.HARVARD.EDU>]

       Am I missing something about the CDA? I thought said Act had to do 
       with: 1) sexually explicit materials and 2) public availability to 
       minors. 

You are missing several things.  If the material is "indecent" (for which
there is not yet a legal standard) and it is accessed by a minor, there
could be trouble.

Given even that I am a pro-civil-liberties person, I admit that it is
unlikely that any particular post will lead to prosecution.  At least while
the head of the Justice department reports to a Democrat like Clinton.
       
       Frankly, no one has taken away your right to privately post whatever 
       you damn well please.

Not clear yet.
       
       And checking the content of a private post is tantamount to opening 
       your private mail. Nasty business without a court order.

Also not clear.  If you send email to a minor that is "indecent", you could
be in trouble.
       
       Enforcement beyond that I would think: 1) absurd, 2) criminal, 3) 
       unconstitutional, and 4) impossible...in increasing degree of effort 
       (or insanity as the case may be.)

It has happened, however.
       
       ps. It does bring up an interesting problem. If you post something on 
       a bulletin board in NYC and someone looks in from Omaha, whose 
       standards of 'decency' apply? Reader or poster? Wouldn't you just love 
       to be on the 'Big Bench' when that one hits?  8^)

Are you familiar with the Thomases, and the Amateur Action BBS?  It is
startinlgy similar to what you suggest.  They were convicted.

They ran a BBS system in California, which sold porography electronically.
They checked for age and address, and accepted credit cards.  They were
charged locally with obscenity, and acquited.  It was not past the
"Community Standards" of California.

A Postal Inspector in TENNESSEE downloaded material, and had them charged
locally.  It was considered a violation of Community Standards in Tennesee,
and they were jailed.

Check out http://www.epic.org/free_speech/censorship/us_v_thomas.html for
more information on the status of their appeal.  I am also sure that if you
don't have web access, you could search out something at ftp.eff.org for
file transfer.  Their appeal was denied.

	Tibor