Web Censorship Sucks

  • Hands off the net! This file was once linked to a synopsis of events pertaining to Exon's misguided S 314. An internet-based petition to stop Exon's internet censorship was signed by over 107,000 people (to little avail?).


  • S 314

    **NOTE:         [] = deleted
                    ALL CAPS = additions
    
    47 USC 223 (1992)
    
    Sec. 223.  [Obscene or harassing telephone calls in the District
    of Columbia or in interstate or foreign communications]
    
    OBSCENE OR HARASSING UTILIZATION OF TELECOMMUNICATIONS
    DEVICES AND FACILITIES IN THE DISTRICT OF COLUMBIA OR IN
    INTERSTATE OR FOREIGN COMMUNICATIONS"
    
       (a) Whoever--
    
       (1) in the District of Columbia or in interstate or foreign
    communication by means of [telephone] TELECOMMUNICATIONS
    DEVICE--
    
       (A) [makes any comment, request, suggestion or proposal]
    MAKES, TRANSMITS, OR OTHERWISE MAKES AVAILABLE ANY COMMENT,REQUEST,
    SUGGESTION, PROPOSAL, IMAGE, OR OTHER COMMUNICATION which is
    obscene, lewd, lascivious, filthy, or indecent;
    
       [(B) makes a telephone call, whether or not conversation ensues,
    without disclosing his identity and with intent to annoy, abuse,
    threaten, or harass any person at the called number;]
    
    
    "(B) MAKES A TELEPHONE CALL OR UTILIZES A TELECOMMUNICATIONS
    DEVICE, WHETHER OR NOT CONVERSATION OR COMMUNICATIONS
    ENSUES,WITHOUT DISCLOSING HIS IDENTITY AND WITH INTENT TO ANNOY,
    ABUSE, THREATEN, OR HARASS ANY PERSON AT THE CALLED NUMBER OR WHO
    RECEIVES THE COMMUNICATION;
    
    
       (C) makes or causes the telephone of another repeatedly or
    continuously to ring, with intent to harass any person at the
    called number; or
    
       [(D) makes repeated telephone calls, during which conversation
    ensues, solely to harass any person at the called number; or]
    
    (D) MAKES REPEATED TELEPHONE CALLS OR REPEATEDLY INITIATES
    COMMUNICATION WITH A TELECOMMUNICATIONS DEVICE, DURING WHICH
    CONVERSATION OR COMMUNICATION ENSUES, SOLELY TO HARASS ANY PERSON
    AT THE CALLED NUMBER OR WHO RECEIVES THE COMMUNICATION,
    
       (2) knowingly permits any [telephone facility]
    TELECOMMUNICATIONS FACILITY under his control to be used
    for any purpose prohibited by this section, shall be fined not more
    than $[50,000]100,000 or imprisoned  not more than [six months] TWO
    YEARS, or both.
    
       (b)(1) Whoever knowingly--
    
       (A) within the United States, by means of [telephone]
    TELECOMMUNICATIONS DEVICCE, makes (directly or by recording device)
    any obscene communication for commercial purposes to any person,
    regardless of whether the maker of such communication placed the
    call or INITIATED THE COMMUNICATION; or
    
      (B) permits any [telephone facility] TELECOMMUNICATIONS
    FACILITY under such person's control to be used for an activity
    prohibited by subparagraph (A), shall be fined in accordance with
    title 18, United States Code, or imprisoned not more than two
    years, or both.
    
       (2) Whoever knowingly--
    
       (A) within the United States, [by means of telephone],
    makes BY MEANS OF TELEPHONE OR TELECOMMUNICATIONS DEVICE, MAKES,
    TRANSMITS, OR MAKES AVAILABLE(directly or by recording device) any
    indecent communication for commercial purposes which is available
    to any person under 18 years of age or to any other person without
    that person's consent, regardless of whether the maker of such
    communication placed the call OR INITIATED THE COMMUNICATION; or
    
    
       (B) permits any [telephone facility] TELECOMMUNICATIONS
    FACILITY under such person's control to be used for an activity
    prohibited by subparagraph (A), shall be fined not more than
    $[50,000] 100,000 or imprisoned not more than [six months]
    TWO YEARS, or both.
    
    
       (3) It is a defense to prosecution under paragraph (2) of this
    subsection that the defendant restrict access to the prohibited
    communication to persons 18 years of age or older in accordance
    with subsection (c) of this section and with such procedures as the
    Commission may prescribe by regulation.
    
       (4) In addition to the penalties under paragraph (1), whoever,
    within the United States, intentionally violates paragraph
    (1) or (2) shall be subject to a fine of not more than $[50,000]
    100,000 for each violation. For purposes of this paragraph, each
    day of violation shall constitute a separate violation.
    
       (5)(A) In addition to the penalties under paragraphs (1), (2),
    and (5), whoever, within the United States, violates paragraph (1)
    or (2) shall be subject to a civil fine of not more than $[50,000]
    100,000 for each violation. For purposes of this paragraph, each
    day of violation shall constitute a separate violation.
    
       (B) A fine under this paragraph may be assessed either--
    
       (i) by a court, pursuant to civil action by the Commission or
    any attorney employed by the Commission who is designated by the
    Commission for such purposes, or
    
       (ii) by the Commission after appropriate administrative
    proceedings.
    
       (6) The Attorney General may bring a suit in the appropriate
    district court of the United States to enjoin any act or practice
    which violates paragraph (1) or (2). An injunction may be granted
    in accordance with the Federal Rules of Civil Procedure.
    
       (c)(1) A common carrier within the District of Columbia or
    within any State, or in interstate or foreign commerce, shall not,
    to the extent technically feasible, provide access to a
    communication specified in subsection (b) from the
    telephone of any subscriber who has not previously requested in
    writing the carrier to provide access to such communication if the
    carrier collects from subscribers an identifiable charge for such
    communication that the carrier remits, in whole or in part, to the
    provider of such communication.
    
       (2) Except as provided in paragraph (3), no cause of action may
    be brought in any court or administrative agency against any common
    carrier, or any of its affiliates, including their officers,
    directors, employees, agents, or authorized representatives on
    account of--
    
       (A) any action which the carrier demonstrates was taken in good
    faith to restrict access pursuant to paragraph (1) of this
    subsection; or
    
       (B) any access permitted--
    
       (i) in good faith reliance upon the lack of any representation
    by a provider of communications that communications provided by
    that provider are communications specified in subsection (b), or
    
       (ii) because a specific representation by the provider did not
    allow the carrier, acting in good faith, a sufficient period to
    restrict access to communications described in subsection (b).
    
       (3) Notwithstanding paragraph (2) of this subsection, a provider
    of communications services to which subscribers are denied access
    pursuant to paragraph (1) of this subsection may bring an action
    for a declaratory judgment or similar action in a court. Any such
    action shall be limited to the question of whether the
    communications which the provider seeks to provide fall within
    the category of communications to which the carrier will provide
    access only to subscribers who have previously requested such
    access.
    
    *********************************************
    
    NOTE: This version of the text shows the actual text of current law as
    it would be changed.  For the bill itself, which consists of unreadable
    text such as:
    
    [...]
                 (1) in subsection (a)(1)--
                        (A) by striking out `telephone' in the matter above
                      subparagraph (A) and inserting `telecommunications device';
                        (B) by striking out `makes any comment, request,
                      suggestion, or proposal' in subparagraph (A) and inserting
                      `makes, transmits, or otherwise makes available any
                      comment, request, suggestion, proposal, image, or other
                      communication';
                        (C) by striking out subparagraph (B) and inserting the
                      following:
                        `(B) makes a telephone call or utilizes a
    [...]
    
    See:
    
    ftp.eff.org, /pub/EFF/Legislation/Bills_new/s314.bill
    gopher.eff.org, 1/EFF/Legislation/Bills_new, s314.bill
    http://www.eff.org/pub/EFF/Legislation/Bills_new/s314.bill