- Jan 12, 2005
- 9,567
- 6
- 81
I was perusing the U.S. code while reading the thread on that girl who was arrested for photographing herself nude and sending images to her friends. I came across TITLE 18 > PART I > CHAPTER 71 > § 1462 (bolding is mine, for clarity):
Text
Note: the reference to the section of the Communications Act of 1934 is:
This is pretty clearly saying that if a person goes on the internet and, say, views "lewd or lascivious" images (hard-core sex images, anyone?) or reads lewd or lascivious stories, then that person has committed a felony under the US code. Actually, this section goes MUCH further than that, but you get the point. I find this damn scary.
Now, maybe this law isn't being enforced, but why is it even on the books? Why hasn't it been updated to reflect ONLY those things which truly are illegal? I mean, child pornography is one thing, but my understanding has been that on the internet pretty much everything goes if it involves only consenting adults (and maybe a few barnyard animals). But this law says otherwise.
Read this Section for yourself. I don't get it. What am I missing here?
Text
§ 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) [1] 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) [1] of the Communications Act of 1934) any matter or thing the carriage or importation of which is herein made unlawful [and this means the things listed in (a) through (c), above - Shira] ?
Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.
Note: the reference to the section of the Communications Act of 1934 is:
(2) INTERACTIVE COMPUTER SERVICE.--The term ''interactive computer service'' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
This is pretty clearly saying that if a person goes on the internet and, say, views "lewd or lascivious" images (hard-core sex images, anyone?) or reads lewd or lascivious stories, then that person has committed a felony under the US code. Actually, this section goes MUCH further than that, but you get the point. I find this damn scary.
Now, maybe this law isn't being enforced, but why is it even on the books? Why hasn't it been updated to reflect ONLY those things which truly are illegal? I mean, child pornography is one thing, but my understanding has been that on the internet pretty much everything goes if it involves only consenting adults (and maybe a few barnyard animals). But this law says otherwise.
Read this Section for yourself. I don't get it. What am I missing here?