Legislative Proposal For New Indecency Language In Telecom Bill

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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 companies criminally liable for use of mere
profanity;

2) Establishes vague and contradictory standards of liability that could leave
innocent companies vicariously liable for communications over which they have no
control;

3) Strips workable affirmative defenses from the Senate bill, eliminating a
clear standard of care for companies.

Not only does the proposal endanger companies, it fails to protect
children. The indecency standard guarantees that enforcement will be tied up in
the courts for years to come. ...

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726 (1978).: Would the use of an expletive
in a communication that is made available to a minor trigger a criminal felony?
An illustration. After this law passes, a 17-year old college freshman
is writing a paper on the “indecency”. He decides to look at Supreme Court cases
to determine what he is prohibited from seeing. The university librarian, who
believes the student looks young for a freshman, directs the student to the
Supreme Court Pacifica case, which defined “indecency” for the purpose of
broadcast media. If the librarian directs the student to the bound version of
the Supreme Court Reporter, she has done her job well. If she sends an
electronic version on-line, she goes to ...

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