Theos-Talk Archives (March 1995 Message tl00098)

Below "Abstract & Digest" for S.314.
"(from Congressional Research Service, Library of Congress)"

I asked & received this abstract from the office of my Senator,
A.  D'Amato.  I went over the abstract with a retired judge who
lives in my building, and since we had several more questions, I
recontacted D'Amato's office, & they'll answer them, hopefully,
within a few days, when I'll pass them on to you.

S.  314 'Amends the Communications Act of 1934", and since we
were wondering, among other things, whether the original act
stipulated that the definition of "obscene, indecent language"
was to be arrived nationally or locally, we decided to ask
D'Amato's office for the "Legislative Intent", something which is
included with every proposed law.  I personally am not sure as to
what I would consider "obscene &/or indecent", & what censorship.
I'm also wondering whether making it a federal offense would stop
a pervert.

I agree with making it a federal offense when someone is
"annoying, abusing, threatening, or harassing" people.

Please take a good look at (Sec.4), # (1) Do you consider that
censorship?

(Sec.4), # (2) It is not clear to us what's meant by this
sentence, especially by "prohibited against".  Is the law for or
against "interception and disclosure of various forms of
communication".

(Sec.6), concerns the internet

Here's the whole abstact:

"Communications Decency Act of 1995 - Amends the Communications
Act of 1934 to prohibit the use of any telecommunications device
(currently, only the telephone) by a person not disclosing their
identity in order to annoy, abuse, threaten, or harass any person
who receives such communication.  Prohibits the repeated use of a
telcommunications device solely for harassment purposes.
Prohibits a person from allowing the use of any
telecommunications facitlty (Currently, telelphone facility) in
his or her control for such purposes.  Increase (1) the fine and
maximum sentence for such violations; and (2) the fine for the
transmission over a cable system of obscene or otherwise
unprotected material.

"(Sec.4) Amends the Federal criminal code to: (1) increase the
fine for broadcasting obscene, indecent, or profane language over
the radio; and (2) include digital communications in a
prohibition against the interception and disclosure of various
forms of communications.

"(Sec.6) Prohibits a person making a toll-free telphone call from
being assessed a charge for the call by being asked to connect or
otherwise transfer to a pay-per-call service.

"(Sec.7) Requires a cable operator, in providing video
programming unsuitable for children to any subscriber through a
cable system, to fully scramble or otherwise block the video and
audio portion of each channel carrying such programming to ensure
that one not a subscriber to such programming does not receive
it.

"(Sec.8) Allows a cable operator to refuse to transmit any
portion of a public access program or leased access program which
contains obscenity, indecency, or nudity."

When I get the rest, I'll post it.  I thought that you'd all like
to see this, in the meantime.

Liesel F.Deutsch