The government wants a labeling system then does this
http://www.wired.com/news/infostruct...,68545,00.html
Makes no sense. The .xxx would be a start. At least don't discourage it.
Isn't it a label?
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The government wants a labeling system then does this
http://www.wired.com/news/infostruct...,68545,00.html
Makes no sense. The .xxx would be a start. At least don't discourage it.
Isn't it a label?
Keep your head in the sand, and hell guess that's why you are studying law too I guess, so you can defend yourself in court.
To begin with, while COPA and 2257 are passed legislation, and only, i repeat only if they get struck down totally are you safe from prosecution. If they DON'T get struck down, then you are in shit because you haven't complied, even while they are in litigation. So perhaps before you start screaming that they'll never pass, keep in mind that if they do pass, and if all the court challenges in the universe fail, or don't materialize as you hope, you are fried, cooked, and fricaseed.
Ignoring the ramifications isn't fear mongering, I'll leave that to the FSC and the DOJ, but ignorance of the laws won't save you. As well you have a far more conservative court today than you did when COPA came to them. There is no telling yet what they might or might not rule, and if the law is on the books and you didn't comply, well... hope you enjoy orange as the colour of your clothes.
No it isn't a label, xxx TLD is segregation. Label means to place a notice or disclaimer or such that identifies a certain criteria, XXXTLD is a separate issue and is far from being a label.Quote:
Originally Posted by abostonboy
Quote:
Originally Posted by gaystoryman
COPA IS NOT A LAW
"The Child Online Protection Act (COPA)[1] is a law in the United States of America, passed in 1998 with the declared purpose of protecting children from harmful sexual material on the internet. The law was blocked by the courts and has never taken effect. Because it only limited commercial speech and only affected US providers, the effect on the availability of the regulated material to minors if the law was enforced was unlikely to be significant. Several US states have since passed similar laws."
It has been blocked.
http://en.wikipedia.org/wiki/Child_O...Protection_Act
You can NOT be prosecuted under COPA. Period. It's now 2006 - 1998. Eight years!
We can argue up and down all nite, but the point is this law IF it goes into affect will be tied up in courts for years to come.
The US is going aftered battered womans, domestic abuse, etc. There is a fear in prosecuting a 2257 case.
Yes, it's politics. The politions want to get it passed knowing damn well it will be tied up in battles for years.
The Main reasons Copa wnet back to the courts was because it was impossible to enforce and since it dint apply to foreging companies the impact it would have was minimal at best. And there was a free specch issue. This is a tamed down version of that they we as webmaster COULD actually work with If the time come.
I was always and always will be 2257 compliant. That is really not an issue. And issue for me is a violation of free speech.
And don't be shocke dif the courts rule that was bush is doing with th ewiretapping is illegal, so using that as an example make sno sense.
But then again the supreme court elect the asshole in th efirst place, and he elected suprem court justices that just love to give power to teh executive deoartment. So who knows.
And to answer your question my bf i smoving back to Thailand, so my bags are pretty much packed.
Tom, I may see you there when I get there. :)
On 30 June 2004, in Ashcroft v. American Civil Liberties Union,[3] the Supreme Court upheld the block on enforcement, ruling that the law was likely to be unconstitutional. Notably, the court mentioned that "filtering’s superiority to COPA is confirmed by the explicit findings of the Commission on Child Online Protection, which Congress created to evaluate the relative merits of different means of restricting minors' ability to gain access to harmful materials on the internet".
Think of how much more dramatic this is
http://www.aclu.org/scotus/2001/14792prs20020416.html
Look at the fundamental values. these values will hold up.
I don't care if it's a Replican or Democrtic SC. Freedom of speech any any law that affects it usually is overtunrned. There is just too much precedence.
And in None of the caes, unlike the Gore case did the Sc say it inly applies to this situaition. IF a lw the restrics free speech passes MANY other free speach laws that were overturned will come back in a different form. The highest courts know this ver well.
yes, but keep in mind that since then we have changed 2 members of the surpreme court. roberts and alito aren't going to be voting any less than conversative.
it may not change this but it will slowly reshape some things about the way we live for a while to come. it's not just the government - the religious right has really found its voice and more of them seem to be voting than before.
Quote:
Originally Posted by abostonboy
Basschik,
I truly as a citizen of this country MUST belive that we have th eright to free soeech. And any laws that inluence it will be turned down. It's a belief we have enjoyed as Americans since the Constitution was founded.
It is a belief that I refuse to lose faith in. I MAY be wrong, but the beauty of America is that even Repblican judhes understand this LONG last right of every american citizen to free speech.
It may happen, but it will be a very sad day for not only porn but MANY other aspects of society.
have you ever read about the mccarthy era? everything that is happening now was happening then, and people were thrown in jail for beliefs that weren't even against the law - not just a few but thousands of lives were torn apart. a lot of those people weren't communists (which, again, wasn't actually illegal) nor even sympathizers. just being suspected was enough to keep you from working in your career for life.
if you read some of the speeches of the period, it will blow your mind. the conservatism, the complete disbelief in the constitution.
http://www.cnn.com/SPECIALS/cold.war...ents/mccarthy/
or i hear that george clooney's movie, good night, and good luck, does a good job with the topic. people who saw the movie thought mccarthy's speeches were too over-the-top to be real. turned out they weren't done by an actor - they are really him.
Quote:
Originally Posted by abostonboy
One possible upside to a adult content rating system mandated by the government is that it would force them to finally define, on a national level, what is considered obscene. This, in turn, would suit the majority of adult companies just fine to finally know what they can't and can't be prosecuted for with respect to content they produce.
I agree with you on one level, but our government will never let that happen. They believe to strongly in states rights. I mean look at the issue of sodomy. Even if the government, says sodomy has to be rated, there will still be states that try and procescute the act.Quote:
Originally Posted by tombarr
I don't have a problem with labeling IF I know exactly how to label. I don't think that the TRUE intent is really about labeling. The courts have ruled through COPA that the labeling/system in effect that already exists is a good enough weapon.
This is my final post on this as it's a too emotional issue for me.
Tom and all others, my main issue is not so much with the rating sytem as it is with some provisions that limit free speech. And once agian as with COPA there are vagueness issues involved.
Basschick I am well aware about how are freedoms as American have been limited.
The most damaging limiting of our Freedom was when the Supreme Court (a group of judges that we did not elect) elected George Bush as president of the United Satates and in their ruling (for the first time if I am not mistaken) said it only applies to this case.
Wvery chance this administration gets, they try and strip rights away from women and us as Americans in general. We have a presindent who has vetoed less legislation since I don't know when, because he so strongly believes in the executive power of his office. He believes he is above the law.
My whole point when I said don't worry right now, is not that the law wont go in effect. But on a site level what can we really do, except rate our sites with the only systems available to us now. IF we try and start using a rating system we design, then the government will say, "look even thay can't even agree on their own material." And when the law is passed, just as COPA and 2257, it will be thrown in the courts for years. Moving up the ladder until it reaches the Big One.
Many people thought 2257 would kill our industry and cause many prosecutions within a year. After seeing what has happened, I am 2257 compliant more than before, but still not overly worried that I will get a know on my door. Even less so that I was a year or so ago.
IF we let the day come, it will be impossible for a 14 year old child to do research on the internet about breast cancer after finding out his/her mother was diagnosed.