Telecom Bill may makes abortion talke illegal on the net...

[Thomas Grant Edwards <tedwards@Glue.umd.edu>]

Sec. 507 of the Telecom Bill Ammends Section 1462 of title 18 of the U.S. 
Code (Chapter 71), in ways which may make sending the following over the 
Internet illegal:

 o any text, graphic, or sound that is lewd, lascivious, or filthy

 o any information telling about how to obtain or make abortions and 
   drugs, or obtaining or making anything that is for indecent or immoral 
   use

Here is Section 1462 as Ammended:

(Telecom bill chnages in "<" and ">"):

Section 1462. Importation or transportation of obscene matters

Whoever brings into the United States, or any place subject to the
jurisdiction thereof, or knowingly uses any express company or other common
carrier <or interactive computer service (as defined in section 230(e)(2) of
the Communications Act of 1934)>, for carriage in interstate or foreign
commerce -
        
        (a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture,
motion-picture film, paper, letter, writing, print, or other matter of
indecent character; or
        (b) any obscene, lewd, lascivious, or filthy phonograph recording,
electrical transcription, or other article or thing capable of producing
sound; or
        (c) any drug, medicine, article, or thing designed, adapted, or
intended for producing abortion, or for any indecent or immoral use; or any
written or printed card, letter, circular, book, pamphlet, advertisement, or
notice of any kind giving information, directly or indirectly, where, how, or
of whom, or by what means any of such mentioned articles, matters, or things
may be obtained or made; or Whoever knowingly takes <or receives>, from such
express company or other common carrier <or interactive computer service (as
defined in section 230(e)(2) of the Communications Act of 1934)> any matter
or thing the carriage <or importation> of which is herein made unlawful -

       Shall be fined not more than $5,000 or imprisoned not more than five
years, or both, for the first such offense and shall be fined not more than
$10,000 or imprisoned not more than ten years, or both, for each such offense
thereafter. 

-----------

Here is the text which addes the interactive computer service part 
in the Telecom Bill:

SEC. 507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION
OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS.
     (a) Importation or Transportation.--Section 1462 of title 18, United 
States Code, is amended--

          (1) in the first undesignated paragraph, by inserting ``or
interactive computer service (as defined in section 230(e)(2) of the
Communications Act of 1934)'' after ``carrier''; and

          (2)  in the second undesignated paragraph--
               (A) by inserting ``or receives,'' after ``takes''; 
               (B) by inserting ``or interactive computer service (as defined
in section 230(e)(2) of the Communications Act of 1934)'' after ``common
carrier''; and
	       (C) by inserting ``or importation'' after ``carriage''.

-----------

Media Notes:

USAToday 02/01/96 - 07:37 PM ET http://www.usatoday.com/news/washdc/ncs16.htm

Telecommunications deregulation breaks down electronic walls 

"At one point, the debate veered off on abortion. 

Seeing a ''high-tech gag rule,'' Rep. Nita Lowey, D-N.Y., joined by Pat 
Schroeder, D-Colo., and several other women lawmakers, asserted the
anti-pornography provisions would outlaw discussions about abortion over 
the Internet, the global computer network. 

Rep Henry Hyde, R-Ill., a leading abortion foe, assured members that 
nothing in the bill suggested any restrictions on discussions about 
abortion."

Well, Henry Hyde was right - nothing in the bill suggests restrictions on 
abortion discussion - the restrictions are in Title 18 of the U.S. Code, 
which now includes computer networks.

-----------

Thanks to the Cornell Law School Legal Information Institute
(http://www.law.cornell.edu/) and the Alliance for Competitive Communications
(http://www.bell.com/) for source text.

-Thomas Edwards