Jon Nelson on 9 Feb 2004 12:42:02 -0000


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Re: [PLUG] VoiceNet Rumors?


gabriel rosenkoetter said:
> On Sun, Feb 08, 2004 at 11:19:35PM -0500, Jason Costomiris wrote:
> The point is that Voicenet's getting strung up for simply not
> censoring speech. Last I checked, it wasn't their responsibility to
> enforce public decency laws, nor are they responsible for the
> content.

First we must all realize that we don't know all the facts behind this case.

Voicenet is not responsible for censoring speech/content, but the are
required by federal law to report the presence of child pornography on
their servers when they become aware of it. See:

http://www4.law.cornell.edu/uscode/42/13032.html

A _possible_ scenario is that someone reported to Voicenet the presence of
child pornography on their servers and Voicenet failed to report it to the
National Center for Missing and Exploited Children.

A similar case happened in New York state in which an ISP had knowledge
that there was child pornography on their severs and did nothing about it.
 Their claim was basically, "...it wasn't their responsibility to enforce
public decency laws, nor are they responsible for the content."  A search
warrant was served and their servers taken.  I don't know the eventual
outcome though.

Jon

>
> --
> gabriel rosenkoetter
> gr@eclipsed.net
>


--
Trooper Jon S. Nelson, Linux Certified Admin., CCNA
Pa. State Police, Bureau of Criminal Investigation
Computer Crimes Unit
Work: 610.344.4471 Cell/Page: 866.284.1603
jonelson@state.pa.us
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