Re: Legal status of Indian Reservations and CDA

[Deranged Mutant <wlkngowl@unix.asb.com>]

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Michael Peponis wrote:
> If I remember correctly, are not American Indian reservations considered
> qusi-sovergin states under the law?

Yes and no. Sometimes states are able to go after then for taxes in terms 
of money made from non-Indians.  NYS complains about people going to
reservations to buy cheap cigarettes, for instance, and wants taxes
collected from non-Indians.

I think the Iran-Contra flap involved using a reservation in Calif.
to get around some weapons manufacturing or exporting laws. Not sure,
though.

> If this is true, what would stop me from negotiating with some tribe to
> establish an ISP on the reservation and then placing whatever material I wanted
> on that site without fear of reprisals from the US goverment.

The tribe.  They may not be too happy about an ISP on their territory
carrying porno, neo-nazi literature or even crypto...

Actually, they may look down upon any business deal meant to circumvent
US laws, since it can get them into an unpleasant conflict with the
gov't.  It would be an altogether different situation if they wanted to
start their own ISP though...

Beware of exploiting poor people on Indian reservations or elsewhere
on the planet just to be outside of the laws.  Even if it seems for a
good cause to you, the locals may not look to favorably.

> After all, if they are a soveign state, decency is covered by whatever laws
> they have, if any, not the CDA.

Their own laws may be stricter. Much stricter.

Also, what about the receiver? Or the receiver's ISP?  Erotic materials
are legal in plenty of countries, but can't the receiver get in trouble?
As soon as people see the flawed logic in the Amateur Action BBS case,
that's the take they'll go for... and it's back to square one.

Rob.
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