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Beginning of Paper
Legislative Proposal for New Indecency Language in Telecom Bill
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
communicatio ....
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Middle of Paper
.... 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 enforcemen ....
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