compelled speech in texas

mmotyka at lsil.com mmotyka at lsil.com
Fri Jun 29 16:36:32 PDT 2001


It looks unconstitutional. And dumb too. 

What is "fully-functional"?

Which operating system? I lean towards RTEMS myself.

Exactly which material should it screen?

You could probably be in full compliance and protest at the same time.

Let's say something like :

<a href=http://www.mysite.com/fuckfilter.tgz target=_top>Howdy Howdy
Howdy Cowpokes! Texas State Law sec 35.102 compliance</a>

How does filter sw work? How do you intercept the data between Netscape
and the sockets calls? Is it some kind of proxy on the local machine?

Isn't there some sockets or perl whiz who could whip up a fully
functional freeware gizmo for Linux that filters the word fuck from an
http connection and replaces it with peck in italics? That would fix the
peckers.

Mike


       Sec. 35.102. SOFTWARE OR SERVICES THAT RESTRICT ACCESS TO CERTAIN
MATERIAL ON INTERNET.
       (a) A person who provides an interactive computer service to
another person for a fee shall provide free of charge to each subscriber
of the service in this state a
       link leading to fully functional shareware, freeware, or
demonstration versions of software or to a service that, for at least
one operating system, enables the
       subscriber to automatically block or screen material on the
Internet. 

       (b) A provider is considered to be in compliance with this
section if the provider places, on the provider's first page of world
wide web text information accessible to
       a subscriber, a link leading to the software or a service
described by Subsection (a). The identity of the link or other on-screen
depiction of the link must appear
       set out from surrounding written or graphical material so as to
be conspicuous. \ . . . \ 

       Sec. 35.103. CIVIL PENALTY. 
       (a) A person is liable to the state for a civil penalty of $2,000
for each day on which the person provides an interactive computer
service for a fee but fails to
       provide a link to software or a service as required by Section
35.102. The aggregate civil penalty may not exceed $60,000. 

       (b) The attorney general may institute a suit to recover the
civil penalty. Before filing suit, the attorney general shall give the
person notice of the person's
       noncompliance and liability for a civil penalty. If the person
complies with the requirements of Section 35.102 not later than the 30th
day after the date of the
       notice, the violation is considered cured and the person is not
liable for the civil penalty.





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