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Article #3021

Ahhh

#3021
From: Ariel Mazzarelli
Date: Thu, 15 Feb 1996 00:00
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Correct me if I'm wrong, but according to the Justice Department, one could be
subject to two years in prison and a $250,000 fine for posting a message
saying something such as 

"There is nothing more relaxing than a smooth dump."

One of the annoying things is the doubletalk by the feds. They claim that we
need to stop the access by children to pornography on the net, but the law
goes much further than that stated goal (e.g. the sentence above). 

Also note that since they went out of their way to opine that the clause
banning abortion talk in the Telecensorship bill was unconstitutional, one may
infer that, since they made no similar "clarification" for a sentence like the
one above, the Justice Department is quite keen to prosecute folks on these
grounds. Perhaps the well-known adage,

"A good dump is the best cure for retention"

cannot make its ways through the corridors of that Department due to the same
type of blockage that the current occupants of said Department would impose on
our newsgroups and mailboxes.

Personally, I find it hard to discuss this issue without using excretory
metaphors; it would be unfair to suggest that I expand my vocabulary solely on
the basis of this difficulty, however, because if it's brown, squishy and
smelly, surely "shit" is the appropriate word for it.

Bill, as I sit here, it gets harder and harder to vote for ya for a second
time... perhaps if I take a strong laxative on my way to the voting booth, it
will all come out allright in the end?

Perhaps. At this point, the only guy I'm willing to vote for is Judge
Buckwalter--as long as he issues that injunction! If he doesn't...it's
brown-puddle time, my friends.

The details are in the article below, which is available at the Nando site,

http://www.nando.net/newsroom/ntn/nation/021596/nation8_4068.html

Ariel

--------

Justice Department responds to telecom lawsuit


Copyright � 1996 Nando.net
Copyright � 1996 The Associated Press 

PHILADELPHIA (Feb 15, 1996 01:23 a.m. EST) -- The Justice Department filed its
written response Wednesday to a lawsuit seeking to block the new computer
"indecency" law, saying criminal prosecutions are needed to stop a huge
increase in the availability of pornography.

The government urged a federal judge not to issue a temporary restraining
order against provisions that would make it a crime to send "indecent" and
sexually explicit material to minors over computer networks.

"Individuals undoubtedly have an important interest in being free of
purposeful and direct intrusions on First Amendment freedoms," the brief said.
"But the governmental interests at stake here in controlling access by minors
in indecent sexually explicit materials is compelling."

The American Civil Liberties Union and 19 other groups sought the temporary
ban Feb. 8, the same day President Clinton signed into law the
Telecommunications Act of 1996.

U.S. District Judge Ronald L. Buckwalter said then that he wanted to see a
written response from prosecutors before issuing a ruling.

The law defines indecent as that which, "in context, depicts or describes, in
terms patently offensive as measured by contemporary community standards,
sexual or excretory activities or organs."

Opponents say the standard is too broad and would criminalize information,
even in private e-mail, that has educational, artistic and social value,
simply because it relates to sex.

The government said the indecency standard has been upheld as constitutional
in previous cases, and argued that the law's purpose is to restrict access to
widely available pornographic images and materials.

Violators would face up to two years in prison and $250,000 in fines.

A temporary restraining order should only be granted in extraordinary
circumstances and if there are no other legal remedies available to
plaintiffs. Meanwhile, the situation is dire, the government said.

"In the end, plaintiffs cannot dispute that a large and growing amount of
pornography is presently available online and easily accessible to children in
the home, far exceeding anything available prior to the advent of online
computer services," the government said.
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From: mazzare@primenet.com (Ariel Mazzarelli)
Subject: Ahhh
Date: 1996/02/15
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