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.

Monday, October 03, 2005

Content – Bill Introduced in House to make Changes to Section 2257

Representative Mike Pense has introduced H.R. 3726 entitled the “Child Pornography Protection Act of 2005.” While it is difficult to determine what this resolution may look like at the end of the day – it proposes to make substantial changes to Section 2257. Section 2257 is the law that requires producers of adult entertainment to keep records related to the ages of the actors in their productions. This resolution seems to attempt to broaden the applicability of Section 2257 from the original producers of the content, to distributors and downstream users of the content. As discussed before, a similar change in Section 2257 proposed by the Department of Justice, has be strongly opposed by many Internet companies, since they have difficulty controlling the content of their users. Indeed, unlike the proposed DOJ changes, H.R. 3726 does not have an exception for web hosts and ISPs. Text of H.R. 3726

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