The legislation would impose fines of up to $100,000 and prison terms of up to two years on people who make "indecent" material available to minors over computer networks. That could pose big problems for companies that provide online information services.
Perhaps my memory is faulty, but it seems to me that the wording of this part of the bill (S.652) has been amended a bit. Sec. 402 of 652 now amends Section 223 (47 U.S.C. 223) subsection (a) to fine or imprison whoever "knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) [indecent communication with intent to annoy blah blah] with the intent that it be used for such activity". (this is from the "House Appropriation Bill as Passed by the Senate" version of S.652 on http://thomas.loc.gov) This (new, I think) part requiring "intent that it be used for such activity" looks like an enormous loophole to me. I can't think of many people who provide communications services _with the intent that they be used to harass [etc.] others with obscene [etc.] communications_. Could a lawyer comment on why intent would be easier to establish than I believe offhand ? -Futplex <futplex@pseudonym.com>