The legal system and politicians are still casting about looking for a way to understand the place the Internet will play in society, and our collective responsibilities while using it. The decisions they make may be profound, profane, or both. My posts are observations only, not legal advice. Under the ethics rules of the Bar of the State of New Mexico, these posts are a "Lawyer Advertisement." Please let me know if it is successful advertising.

Wednesday, August 03, 2005

Obscenity / Pornography - Panel Upholds Communications Decency Act Prohibition on Sending Obscene Materials Interstate

The Communications Decency Act - CDA - prohibits individuals and entities from sending obscene materials interstate. As many know, the term "obscene" is defined based on community standards - meaning that what may be obscene in your community may not be obscene in another. This decision is important for two reasons: first it shows the continued vitality of the CDA, a law that has been found unconstitutional on most grounds; second it underscores the need to respond to complaints about obscene materials, and make their customers aware of the complaints. Information Week Article Opinion

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