Legislative Proposal For New Indecency Language In Telecom Bill

Essay specific features

 

Issue:

English

 

Written by:

Cindy R

 

Date added:

January 15, 2015

 

Level:

University

 

Grade:

A

 

No of pages / words:

11 / 2882

 

Was viewed:

10138 times

 

Rating of current essay:

 
Essay content:

This may tie up successful prosecution of the law in courts for years to come, while courts wrestle to divine a constitutional definition of "indecent" -- and while companies are left with uncertain liability. Second, the October 16 proposal may actually hold systems liable for communications over which they have no specific knowledge or control...
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The proposal purports to target those who "knowingly" send prohibited communications -- itself a relatively low standard of liability that may not even require actual intent or willfulness. Nevertheless, because the proposal i) defines the elements of criminal liability in vague and contradictory terms, and ii) eliminates safeharbors in the Senate bill that would define a clear standard of care, it might hold systems liable for actions that don't reach even a " knowingly" standard of liability...
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