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216 lines
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Plaintext
216 lines
8.7 KiB
Plaintext
* CARBON COPY:
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* Original was to ALL in 151:PIN:SYSMOD on the UNPCBBS BBS.
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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
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The following is the Text of the US Code as amended by S314, the
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Telecommunications Decency Act (Exon Bill as it's commonly known).
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This is from today, from the Center For Democracy and Technology.
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Please read the last few paragraphs very carefully, they cover your tail
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much more than CDT, ACLU, or anyone else wants you to know.
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TEXT OF 47 U.S.C. 223 AS AMENDED BY S. 314
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**NOTE: [] = deleted
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ALL CAPS = additions
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47 USC 223 (1992)
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Sec. 223. [Obscene or harassing telephone calls in the District
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of Columbia or in interstate or foreign communications]
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OBSCENE OR HARASSING UTILIZATION OF TELECOMMUNICATIONS
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DEVICES AND FACILITIES IN THE DISTRICT OF COLUMBIA OR IN
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INTERSTATE OR FOREIGN COMMUNICATIONS"
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(a) Whoever--
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(1) in the District of Columbia or in interstate or foreign
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communication by means of [telephone] TELECOMMUNICATIONS
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DEVICE--
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(A) [makes any comment, request, suggestion or proposal]
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MAKES, TRANSMITS, OR OTHERWISE MAKES AVAILABLE ANY COMMENT,REQUEST,
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SUGGESTION, PROPOSAL, IMAGE, OR OTHER COMMUNICATION which is
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obscene, lewd, lascivious, filthy, or indecent;
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[(B) makes a telephone call, whether or not conversation ensues,
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without disclosing his identity and with intent to annoy, abuse,
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threaten, or harass any person at the called number;]
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"(B) MAKES A TELEPHONE CALL OR UTILIZES A TELECOMMUNICATIONS
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DEVICE, WHETHER OR NOT CONVERSATION OR COMMUNICATIONS
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ENSUES,WITHOUT DISCLOSING HIS IDENTITY AND WITH INTENT TO ANNOY,
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ABUSE, THREATEN, OR HARASS ANY PERSON AT THE CALLED NUMBER OR WHO
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RECEIVES THE COMMUNICATION;
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(C) makes or causes the telephone of another repeatedly or
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continuously to ring, with intent to harass any person at the
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called number; or
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[(D) makes repeated telephone calls, during which conversation
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ensues, solely to harass any person at the called number; or]
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(D) MAKES REPEATED TELEPHONE CALLS OR REPEATEDLY INITIATES
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COMMUNICATION WITH A TELECOMMUNICATIONS DEVICE, DURING WHICH
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CONVERSATION OR COMMUNICATION ENSUES, SOLELY TO HARASS ANY PERSON
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AT THE CALLED NUMBER OR WHO RECEIVES THE COMMUNICATION,
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(2) knowingly permits any [telephone facility]
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TELECOMMUNICATIONS FACILITY under his control to be used
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for any purpose prohibited by this section, shall be fined not more
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than $[50,000]100,000 or imprisoned not more than [six months] TWO
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YEARS, or both.
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(b)(1) Whoever knowingly--
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(A) within the United States, by means of [telephone]
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TELECOMMUNICATIONS DEVICE, makes (directly or by recording device)
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any obscene communication for commercial purposes to any person,
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regardless of whether the maker of such communication placed the
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call or INITIATED THE COMMUNICATION; or
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(B) permits any [telephone facility] TELECOMMUNICATIONS
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FACILITY under such person's control to be used for an activity
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prohibited by subparagraph (A), shall be fined in accordance with
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title 18, United States Code, or imprisoned not more than two
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years, or both.
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(2) Whoever knowingly--
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(A) within the United States, [by means of telephone],
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makes BY MEANS OF TELEPHONE OR TELECOMMUNICATIONS DEVICE, MAKES,
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TRANSMITS, OR MAKES AVAILABLE(directly or by recording device) any
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indecent communication for commercial purposes which is available
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to any person under 18 years of age or to any other person without
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that person's consent, regardless of whether the maker of such
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communication placed the call OR INITIATED THE COMMUNICATION; or
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(B) permits any [telephone facility] TELECOMMUNICATIONS
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. [ Continued In Next Message... ]
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-!-
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* SPEED 2.00 #2708 * She said I didn't listen to her...or something??
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! Origin: The Politically Incorrect BBS (619)571-6501 (1:202/809) (1:202/809)
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. [ ...Continued From Previous Message ]
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FACILITY under such person's control to be used for an activity
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prohibited by subparagraph (A), shall be fined not more than
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$[50,000] 100,000 or imprisoned not more than [six months]
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TWO YEARS, or both.
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(3) It is a defense to prosecution under paragraph (2) of this
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subsection that the defendant restrict access to the prohibited
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communication to persons 18 years of age or older in accordance
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with subsection (c) of this section and with such procedures as the
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Commission may prescribe by regulation.
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(4) In addition to the penalties under paragraph (1), whoever,
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within the United States, intentionally violates paragraph
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(1) or (2) shall be subject to a fine of not more than $[50,000]
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100,000 for each violation. For purposes of this paragraph, each
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day of violation shall constitute a separate violation.
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(5)(A) In addition to the penalties under paragraphs (1), (2),
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and (5), whoever, within the United States, violates paragraph (1)
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or (2) shall be subject to a civil fine of not more than $[50,000]
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100,000 for each violation. For purposes of this paragraph, each
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day of violation shall constitute a separate violation.
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(B) A fine under this paragraph may be assessed either--
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(i) by a court, pursuant to civil action by the Commission or
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any attorney employed by the Commission who is designated by the
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Commission for such purposes, or
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(ii) by the Commission after appropriate administrative
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proceedings.
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(6) The Attorney General may bring a suit in the appropriate
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district court of the United States to enjoin any act or practice
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which violates paragraph (1) or (2). An injunction may be granted
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in accordance with the Federal Rules of Civil Procedure.
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(c)(1) A common carrier within the District of Columbia or
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within any State, or in interstate or foreign commerce, shall not,
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to the extent technically feasible, provide access to a
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communication specified in subsection (b) from the
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telephone of any subscriber who has not previously requested in
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writing the carrier to provide access to such communication if the
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carrier collects from subscribers an identifiable charge for such
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communication that the carrier remits, in whole or in part, to the
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provider of such communication.
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(2) Except as provided in paragraph (3), no cause of action may
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be brought in any court or administrative agency against any common
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carrier, or any of its affiliates, including their officers,
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directors, employees, agents, or authorized representatives on
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account of--
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(A) any action which the carrier demonstrates was taken in good
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faith to restrict access pursuant to paragraph (1) of this
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subsection; or
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(B) any access permitted--
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(i) in good faith reliance upon the lack of any representation
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by a provider of communications that communications provided by
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that provider are communications specified in subsection (b), or
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(ii) because a specific representation by the provider did not
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allow the carrier, acting in good faith, a sufficient period to
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restrict access to communications described in subsection (b).
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(3) Notwithstanding paragraph (2) of this subsection, a provider
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of communications services to which subscribers are denied access
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pursuant to paragraph (1) of this subsection may bring an action
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for a declaratory judgment or similar action in a court. Any such
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action shall be limited to the question of whether the
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communications which the provider seeks to provide fall within
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the category of communications to which the carrier will provide
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access only to subscribers who have previously requested such
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access.
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ADDITIONAL NOTABLE PROVISIONS
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* AMENDMENT TO ECPA
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Section (6) of the bill would amend the Electronic
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Communications Privacy Act (18 USC 2511) to prevent the
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unauthorized interception and disclosure of "digital
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communications" (Sec. 6). However, because the term "digital
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communication" is not defined and 18 USC 2511 currently
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prevents unauthorized interception and disclosure of
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"electronic communications" (which includes electronic mail
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and other forms of communications in digital form), the
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effect of this provision has no clear importance.
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. [ Continued In Next Message... ]
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-!-
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* SPEED 2.00 #2708 * She said I didn't listen to her...or something??
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! Origin: The Politically Incorrect BBS (619)571-6501 (1:202/809) (1:202/809)
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. [ ...Continued From Previous Message ]
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* CABLE OPERATORS MAY REFUSE INDECENT PUBLIC ACCESS
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PROGRAMMING
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Finally, section (8) would amend sections 611 and 612 of the
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Communications Act (47 USC 611 - 612) to allow any cable
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operator to refuse to carry any public access or leased
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access programming which contains "obscenity, indecency, or
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nudity".
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-!-
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* SPEED 2.00 #2708 * She said I didn't listen to her...or something??
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! Origin: The Politically Incorrect BBS (619)571-6501 (1:202/809) (1:202/809)
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