Legislative Proposal For New Indecency Language In Telecom Bill

Part I 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 prohibits, but ....

Part II of Essay
.... 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 ....