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Re[4]: Communications Decency Act (CDA) and the SCA

Greetings, all.

>>    Frankly, no one has taken away your right to privately post whatever 
>>    you damn well please.
>Wrong.  If you post to a list that is avliable to minors or that has 
>unrestricted access, you can be liable for distributing obscene material 
>to a minor (if the material is judged obscene).
And there was the point I was making--"public" availability.

>>     And checking the content of a private post is tantamount to opening 
>>     your private mail. Nasty business without a court order.
>Wrong again.  E-mail is considered a telephone call and is regulated by 
>such rules.  Of course, it's illegal (or was) to tap a phone line.  

I believe that's the right to privacy. Bawdy songs (or anything else) can 
still be sent--just point-to-point instead of general distribution.

>Regan OTOH, was all for spying on American citizens.
I doubt Donald Regan was interested--and I'm not sure his boss, Ronald Reagan, 
cared either. And if you're worried about folks like FBI, ATF, or NSA, remember 
they were all chartered and funded by Democrats.

>>     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.)
>That may be, but these _are_ Republicans we are talking about.  Common 
>sense and the realities of the internet are not something under 
>consideration here.  An interesting note: Newt - who has his own Web 
>page, opposed the law.

For the record, SO AM I!!! And I didn't have my common sense surgically 
removed to join the GOP--and apparently neither did Newt (at last, not 

The problem is folks are going to have to start treating lists like 
bulletin boards--for all the world to see, no matter how small the 
individual (in size or mental capacity).

The real heartache is for owners of the 'adult' lists. They're going to 
have to come up with approaches to verify 'adulthood'--probably driver's 
license or SSN. Of course, you'd have a much more difficult time 
'faking' a driver's license or SSN--you'd have to change the state motor 
vehicle database or national Social Security database.

Personally, I don't particularly like 'decency' laws in general. But I'm 
a lot more tolerant of them than I used to be--I suppose parenting 
changes a person. (Of course, 'obscenity' laws make more sense to me 
than a drinking age of 21--fight and die for your country, elect your 
president--but don't expect a beer!?!)


ps. Young Republicans are not the Hitler Youth--regardless of what the 
Democrats say.