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Bill Would Extend Online Obscenity Laws to Blogs, Mailing Lists 443

Erris writes "Senator John McCain has proposed a bill to extend federal obscenity reporting guidelines to all forms of internet communications. Those who fail to report according to guidelines could face fines of up to $300,000 for unreported posts to a blog or mailing list. The EFF was quick to slam the proposal, saying that this was the very definition of 'slippery slope', and citing the idea of 'personal common carrier'." From the article: "These types of individuals or businesses would be required to file reports: any Web site with a message board; any chat room; any social-networking site; any e-mail service; any instant-messaging service; any Internet content hosting service; any domain name registration service; any Internet search service; any electronic communication service; and any image or video-sharing service."
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Bill Would Extend Online Obscenity Laws to Blogs, Mailing Lists

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  • by kaufmanmoore ( 930593 ) on Tuesday December 12, 2006 @10:23AM (#17207242)
    Yep, he realized from 2000 that he's gotta move to the right in order to win the nomination. Its sad that more centrist politicians have to move to the left or the right to get the nomination and big money for their respective party's nomination
  • by nten ( 709128 ) on Tuesday December 12, 2006 @10:24AM (#17207270)
    The question to ask is who is this man's constituency? I thought I was, but I guess I was mistaken. I think that ditching a candidate because he disagrees with you on a single issue, combined with a plurality voting system is the cause of many of our nation's ills, but freedom of speech is kind of an important one...
  • by Anonymous Coward on Tuesday December 12, 2006 @10:24AM (#17207278)
    for a quick vote getter - poor very poor mr senator
  • by mrjb ( 547783 ) on Tuesday December 12, 2006 @10:26AM (#17207310)
    ... the less tolerant people get. The less tolerant people get, the more censorship needs to be applied to protect people from 'inappropriate' material.

    Give people their free speech. If you don't like what they say, don't listen, but respect their rights.
  • by faloi ( 738831 ) on Tuesday December 12, 2006 @10:30AM (#17207358)
    From TFA: "Next year, Gonzales and the FBI are expected to resume their push for mandatory data retention, which will force Internet service providers to keep records on what their customers are doing online. An aide to Rep. Diana DeGette, a Colorado Democrat, said Friday that she's planning to introduce such legislation when the new Congress convenes."

    So who do we vote for now? Democrats had their fun with censorship in the 80s and 90s, now it's Republicans turn.
  • by MosesJones ( 55544 ) on Tuesday December 12, 2006 @10:30AM (#17207360) Homepage
    Its over here on the other side of the Atlantic. Our politicians get investigated when they take cash to give a shitty honour and go to prison when they take on the media and lose.

    Remind me why you chaps had the revolution again? There was something in there about Freedom, but its all been lost in the noise.
  • Re:Wtf (Score:3, Insightful)

    by ZachPruckowski ( 918562 ) <zachary.pruckowski@gmail.com> on Tuesday December 12, 2006 @10:32AM (#17207382)
    It boils down to "sex offenders can't have a myspace/facebook account. Of course, when you realize that other sites have profiles (like any forum I've seen), that could have a bit of a ripple effect.

    I'm far from pro-sex-offender, but I think we have a problem when we're putting streakers and 18-year-olds hooking up with 17-year-olds in the same category as child molesters and rapists. You can't get away with the same restrictions on minor sex offenders as you could on major ones, in my opinion. I can see "If you're a rapist, then no MySpace", but I can't see "no Facebook for dumb drunks who streak in the dead of night".
  • by EvilCabbage ( 589836 ) on Tuesday December 12, 2006 @10:35AM (#17207438) Homepage
    Fuck, wish I'd thought of that one :(

    Seriously though, this kind of thing scares the hell out of me. I think that things like the "barely legal" scene and other pornography that depicts or 'disguises' older women as teenagers is pretty fucking pathetic, but that just means I don't engage in it, doesn't mean I'm going to go out and "ruin" it for anybody else. Nobody is hurt by it and it sure as shit isn't my place to decide what consenting adults can look at or even produce.

    If anybody can explain to me why these so awfully 'moral' people want to fuck with everybody else quietly minding their own business, I'd really appreciate it.
  • by Mr. Slippery ( 47854 ) <tms&infamous,net> on Tuesday December 12, 2006 @10:39AM (#17207494) Homepage

    He wants obscenity reported? Please report to him that the following message was posted:

    (The easily offended should skip the rest of this post.)

    (Last chance to look away...)

    Fuck Senator John McCain. Fuck him up the ass hard with a big thick dildo with built-in violet wand [sexuality.org] until the santorum [spreadingsantorum.com] runs down his legs. Tie him down and fuck him and give him the golden shower he wants and deserves, until he admits his wretchedness, admits what a bootlicker he is, admits that he gets off on being a slave, because he can't handle freedom.

  • Re:Actually (Score:5, Insightful)

    by IdleTime ( 561841 ) on Tuesday December 12, 2006 @10:41AM (#17207520) Journal
    Every time I hear the "uproar" against "obscenity", I hear the sound of silence over the real problems.

    - Over 12 million living in poverty
    - 40-50 million without health care
    - 25% of the worlds prison population
    - 46800 car deaths in 2005
    - Every 90-second a car is colliding with a train due to lacking regulations if crossing.
    - Higher education costs and arm and a leg and your first born.

    This country has some serious problems to deal with, but obscenity is not one of them!
  • by JayBlalock ( 635935 ) on Tuesday December 12, 2006 @10:43AM (#17207548)
    No more public discussion on American servers on the Internet.

    Seriously, who would risk running a public forum in the face of fines like that? Even major players like Amazon would most likely be forced to take down public comment sections lest something slip through. Slashdot, Fark, Kos, Pandagon, Redstate, LGF, whatever your online bitching kink is, it's going away.

    And suddenly Americans would have to go onto foreign servers just to find a forum to exercise their free speech rights.

    See, here's what REALLY pisses me off. McCain isn't stupid. He's many things (repeating many of which, at this point, could possibly get me jailed), but stupid is not one of them. Either he's offering up this bill with no intention of seeing it passed, or he recognizes the death of free speech on the American internet as an acceptible price to pay for his rise to power.

    Every time I see a bill like this, I grow a little less convinced that there's any way we'll be able to reclaim our government from these assholes.

  • by PHAEDRU5 ( 213667 ) <instascreedNO@SPAMgmail.com> on Tuesday December 12, 2006 @10:45AM (#17207578) Homepage
    Not satisfied with his first assault on our First Amendment rights, he's doing this to undermine the blogosphere. By imposing commercial-style constraints on bloggers, he makes it likely many of them will shut down, reducing the amount of criticism he has to face.

    What a scummy little man.
  • Don't count on it. (Score:3, Insightful)

    by Kadin2048 ( 468275 ) <.ten.yxox. .ta. .nidak.todhsals.> on Tuesday December 12, 2006 @10:58AM (#17207778) Homepage Journal
    The 'net is big, it is great and most of all, it's international. And it doesn't matter jack whether the server I blog on is in the US or in Uzbekistan.

    Right up until they build a National Firewall. Which of course, is the only way to keep our children safe. And to keep out the terrorists. And Mexicans.

    When a law doesn't work, the politicians don't just give up and say "well, hey, that was a really dumb idea! Let's never do that again!" No, instead they find a way to make it enforceable. Which is why you always have to be concerned when someone is passing an unenforceable law. Look at what it would take to make it enforceable on everyone, and that's what they're going to be asking for next year after it gets passed, and falls flat on its face.
  • Re:Wtf (Score:5, Insightful)

    by danpsmith ( 922127 ) on Tuesday December 12, 2006 @11:03AM (#17207852)
    I can see "If you're a rapist, then no MySpace", but I can't see "no Facebook for dumb drunks who streak in the dead of night".

    That depends, are these "rapists" free? If you committed a crime and are released from prison, it's my position that you've paid your debt to society. If you haven't, then shouldn't you still be in prison? If we are pushing this once a criminal always a criminal mantra then why even let convicts out of jail in the first place if we are just gonna let the free world become another prison cell, gradually restricting their access to resources.

    Either sentence them for longer, clean up the system, or do something that works. Don't punish them after they've already been punished. It's bad enough that they won't ever be able to vote or get a job better than grocery bagger, you have to start restricting their online rights to save "children" from "potential risks." How about _not_ scaremongering about children and saving our rights instead?

    It's a slippery slope, first, restrict rights for convicts. Then, outlaw things to make everyone a potential convict. Bang...restricted rights. With the way people talk about online piracy, it's only a matter of time before that's criminal, and then after that's criminal maybe restricting the rights of those who have been convicted upon release.

    I hate to be paranoid, but in Philadelphia they've installed security cameras on the streets. It's not long before you pick your nose and it's on the evening news.

  • by evilviper ( 135110 ) on Tuesday December 12, 2006 @11:22AM (#17208138) Journal
    Remind me why you chaps had the revolution again? There was something in there about Freedom, but its all been lost in the noise.

    Everyone wants to dump on the US at every chance they get, but you could at least try to base it on REAL shortcomings.

    This is one guy, out of 100, in the senate, proposing something that the senate, the house, and the president would have to approve of.

    Then it would have to stand-up to court challenges, which this is practically guaranteed not to.

    And after that, it could also be voted out by any subsequent congress.

    The moral of the story is, you're bitching about nothing at all. Lots of noise has been made, by people like yourself, about the US' recent actions, but we've handled far worse over the past 230 years, and with a little time, everything eventually gets worked out for the better.
  • Re:hahaha (Score:5, Insightful)

    by operagost ( 62405 ) on Tuesday December 12, 2006 @11:23AM (#17208144) Homepage Journal
    You may have more success with the gay marriage thing if you stop insisting on calling it marriage. If you want to simply cause the state to recognize this unions in the same manner as unions between heterosexuals, you will probably win over a lot more people. Marriage is a religious institution and the state has no business being involved. Marriage licenses should be abolished except for those who wish to be married in a civil ceremony. An unfortunate consequence for your cause-- if you wish to prove that you are truly interested in equality and not just an agenda-- is that any two (or more!) people who live together will be claiming social partnership benefits.

    Only now is universal health care finally taking hold as a mainstream Democratic idea.
    Maybe it's because most Americans are waiting for another country to implement a system that actually works. Government is notoriously inefficient compared to private enterprise in most endeavors, and their influence should be limited to systems that serve the common good better than free enterprise. A national highway system is far superior to private toll roads, for example.
  • by Randolpho ( 628485 ) on Tuesday December 12, 2006 @11:23AM (#17208158) Homepage Journal
    The "Anyone But Bush" campaign was a *huge* mistake. It led directly to Kerry's nomination when there were *far* better candidates in the running. The only reason he was nominated was because of that floating question: "who can beat Bush?" The answer was along the lines of the following: "Why, Kerry is a war hero! He must be able to beat those warmongering Bushites! They like war, Kerry was in one... it's a sure thing!"

    When will Democrats stop trying to play on the Republican's field? GET THE HOME COURT ADVANTAGE, FOLKS! Run on your issues, make them *your* issues. Stop trying to look like a Republican.
  • by Beryllium Sphere(tm) ( 193358 ) on Tuesday December 12, 2006 @11:56AM (#17208806) Journal
    A while back, right here on Slashdot, a porn hosting webmaster posted a relevant comment.

    Every now and then, somebody would set up a website on their system and upload kiddy porn.

    He tried being a good citizen and reporting it. Several times. The authorities didn't follow up, they simply made angry threats to arrest him.

    His company now silently deletes kiddy porn sites.

    Playing devil's advocate, though, how is this proposal different from the existing legislation that requires health care providers to report suspected child abuse?
  • Re:Actually (Score:3, Insightful)

    by Yartrebo ( 690383 ) on Tuesday December 12, 2006 @12:07PM (#17209004)
    I'm always left puzzled by why such moralists go after fairly harmless or beneficial stuff like sex, drugs, and contraception when there's far worse to get upset about, such as consumerism (ie., all advertisements and much content on the mainstream media), racism, and sexism.

    I consider myself a moralist, but I don't even want to be put in the same company as your average evangelical censor.
  • Re:hahaha (Score:5, Insightful)

    by fyngyrz ( 762201 ) * on Tuesday December 12, 2006 @12:26PM (#17209326) Homepage Journal
    Marriage is a religious institution and the state has no business being involved.

    Marriage was around long before any of the major religions of today (Islam, Christianity) and served as a political bond joining property and fortune well before Christ, Mohammed, or Zeus. Religion may want to co-opt marriage (and I can certainly understand why, it's a control mechanism similar to, and related to, sexual control) but history doesn't support the claim that marriage is religious.

    As for the government's interest, this is relatively natural: When you join in property, medical and fiscal responsibility, residence, and income, only a perfect government would be able to keep its hot little hands out of the pot. And hoo boy, is our government not perfect!

    Religion's no better. As soon as sexuality and joining come into it, next thing you know there is some person trying to tell you exactly how you should be managing your affairs. One wife, not two. Opposite sex partners only. This age disparity, and no more. This color, and not that. This religion, and not another. History supports a much wider set of joinings, and for very good reason -- they're perfectly natural.

    So to your idea of religion having all there is to say about marriage, I say, "take off, eh?" Marriage should be what the partners (2...n) say it is, and the rest of us should respect that. It should not be subject to Christian or Muslim or even ancient Greek sensibilities. When people want to join together and seek their fortune and lives together the rest of us have only one job: Get the heck out of the way.

  • Re:hahaha (Score:2, Insightful)

    by Anonymous Coward on Tuesday December 12, 2006 @12:48PM (#17209722)
    Have at it... go forth into the world and stake your fortune with 10, no, 20 partners in tow... but don't expect legal protection for your 20 concubines to come from the government. Why should it? The very reasons you state for the artificial constriction of "unions" (get out of the way, stop restricting it to 2 people, etc.) are the foundation why government should get the heck out of the way completely when it comes to this whole "marriage" thing. Stop recognizing (or regulating) any unions, marriages, partnerships, life-commitments, etc. That way, if two turtle lovers want to have a litter of tadpoles.. the government doesn't have any say... if two guys want to wear dresses and live in a cabin in the woods... the government has no say. In the end, the issue would become a useless gesture and people could put this nonsense behind them and go about their lives in peace.

    Then, and only then will we have "gotten the heck out of the way." But then again, it's not about marriage... it's about securing property and assets... so it IS economic, and not social. Therefore, it should be called something else and regulated by the government. ;) You can't have it both ways... Separate the marriage from the asset control.... Let the Church of Scientology call it "Xenu commitment ceremonies" or whatever... but when it comes to assets, custody of property and minor children, who gets the dogs, etc. it is nothing more than an economic partnership, drawn up by a lawyer, notarized, terms agreed to, and agreement dissolution provisions. Just like setting up a business at the courthouse. It'll show up in the hall of records like any other business arrangement.

    Problem solved. :)

  • Re:hahaha (Score:3, Insightful)

    by TheRaven64 ( 641858 ) on Tuesday December 12, 2006 @01:00PM (#17209938) Journal
    The USA's healthcare system is only ranked 37th in terms of effectiveness. It's ranked top in terms of cost.
  • Re:Wtf (Score:3, Insightful)

    by danpsmith ( 922127 ) on Tuesday December 12, 2006 @01:01PM (#17209940)
    You are offered two choices: A lifetime in prison with no possibility of parole. Twelve years in prison and twenty years of close supervision after. Which do you choose?

    I shouldn't have a choice.

  • by Marnhinn ( 310256 ) on Tuesday December 12, 2006 @01:14PM (#17210152) Homepage Journal
    ...what the elected officials believe.

    Most elected officials already have a set philosphy in place when they are elected. Unless something drastic happens, their views won't change.

    However, it's more of the public's fault since we elect these people to represent us in the first place. So if your poll is true... American's are some of the worst voters out there.
  • Re:hahaha (Score:3, Insightful)

    by Johnny5000 ( 451029 ) on Tuesday December 12, 2006 @02:18PM (#17211166) Homepage Journal
    The USA's healthcare system is only ranked 37th in terms of effectiveness. It's ranked top in terms of cost.

    As in most expensive, or best value for what you get?
  • Re:Little Nit (Score:5, Insightful)

    by fyngyrz ( 762201 ) * on Tuesday December 12, 2006 @02:41PM (#17211458) Homepage Journal

    If marriage is whatever 2 people say it is, then how will the word mean anything?

    I think it is very clear what it should mean. A declaration of partnership based upon serious, long term commitment by individuals who are both capable of understanding that precise commitment up front (the classic definition of intelligent, informed consent) and able to represent that fact in a legal and comprehensible manner. Such declaration may be public, or not, and it should -- not does, but should -- carry with it such legal obligations as the participants have agreed upon, and no others. Socially, it's dead obvious: "This is my partner, please treat them as you would me." Simple, easy to deal with, no worries.

    When people say "we're married", that's what I think of. As to the specifics, these only matter when legal issues come up; and that is why paperwork stating the terms is such a good idea in today's world. Otherwise, some idiot could tell you you could not have a say in the treatment of the love(s) of your life if they were in the hospital, or that you could not have a say in the schooling of your offspring. Marriage, in the end, is a state that is intended to benefit the individuals involved. Not the rest of us as onlookers. If they wanted our opinion, surely we would have been invited to the ceremony, or made signatory on the paperwork.

    The problem is that in the legal sphere, words have very specific meanings. They have to. Otherwise, it isn't possible for two people to communicate honestly

    Yes, however what you are arguing for here isn't "specific" meaning, it is canned meaning. I would argue that every human partnership involves different stakes, different foundations, different preconceptions, different commitment, and therefore just as when forming a specific type of business, you'll want a specific type of agreement tailored to your union. What those specifics are matter primarily to the members of the union, and are otherwise not much of anyone else's business until such time as a question of parenting or hospital visitation or the like comes up; at that time, you whip out your paperwork, point to the appropriate clause, and you're done.

    Communications about what a union means would be vastly enhanced by a thorough hammering out of what one is agreeing to, it seems to me. Opportunities for improvement abound: No wife would find she had unwittingly become a dishwasher or drudge; no husband would find that his wife's last day of interest in sex was the day before they were married; no child would find itself stripped of a parent. Services to assist in hammering out such agreements would become widely available; sounds optimum to me.

    If you want to have civil unions, fine. But don't be dishonest about it. It isn't marriage.

    Oh, I'm being perfectly honest. And honestly, what you want for anyone's marriage but your own and your offspring's is completely irrelevant to me. What I say is marriage for me, is marriage. Period. You don't have even a fraction of a say. Honestly. :) When it comes to you telling me what marriage is for you, then I'll listen, and I'll respect that, all the more so if you can make it clear. Marriage isn't religious to or for me, because religion doesn't intercept with any part of my life. Consequently, I don't give a flying hoot what any religion has to say about my marriage, or lack thereof, any more than I would if an astrologer tried to tell me I should live in some particular fashion. Superstition isn't a solid enough foundation for any fraction of a relationship I enter into, I can assure you. If it is for you, that's something else entirely, and I encourage you to have it your way. And I promise not to bother you about it; if that's the way you and your partner(s) roll, by all means, have at it.

    Another example - suppose my daughter's personal definition of marriage

  • Re:hahaha (Score:1, Insightful)

    by Anonymous Coward on Tuesday December 12, 2006 @02:47PM (#17211582)
    Amen, brother! Majority rules! Screw the minorities! They don't matter when you can toss in references to ill-defined groups like "society as a whole"!

    Man, don't you miss the days when "society as a whole" recognized that it was okay to have slaves? I heard that maybe one or two slaves believed it was wrong or something, but that doesn't matter... society as a whole said it was all good!
  • Re:Little Nit (Score:3, Insightful)

    by Johnny5000 ( 451029 ) on Tuesday December 12, 2006 @03:37PM (#17212324) Homepage Journal
    * Parents have a natural affinity for their own offspring. Children have a natural affinity for their birth parents. Marriage provides the best solution - children have access to both parents, and both parents give their children full affection. This eliminates the "Your not my real father... " or "Why should I support *YOUR* kid..." types of situations.

    Clearly this isn't limited to homosexual relationships- heterosexual marriages often (usually?) end in divorce, and often the participants in the original marriage get remarried, thus opening it up to "You're not my real father" or "why should I support your kid" types of situations. Additionally, the phrase "both parents give their children full affection" in the context of heterosexual marriage implies that homosexual couples are unfit parents, unable to give the child their full affection. In any case, any given set of a man and a woman can crap out a child, regardless of whether or not it is wanted. It takes extra effort for a homosexual couple to obtain a child, thus ensuring the child is loved and wanted.

      * Men and women desire exclusive access to their spouse - sexual, emotional, financial, mental, etc... Relationships with more than two people do not have the exclusivity privelege enjoyed by married couples. That is, one "spouse" will have to be shared by more than one of the other "spouses".

    If the individuals in question desire exclusive access to their spouse, then they should not enter into a polygamous relationship. However, that should be left up to the individual consenting adults to decide if they want to enter into a plural marriage.

      * The couple as a whole makes more intellectually and emotionally balanced, and less self-centered decisions. The complementarity of the sexes forces the couple to consider both feminine and masculine points of view when making decisions. A relationship between two men could exist without any consideration of how their public decisions (i.e. voting, politics, charity, etc...) affect women. Likewise, the relationship of two women would be unlikely to create any sense of understanding or compassion for masculine points of view.
    The exclusively-male and exclusively-female couples should then balance each other out :)
    To use your logic, the public decisions of heterosexual voters don't exactly show any sense of understanding or compassion for the homosexuals who want to get married, eh?

    * The union of man and woman usually produces offspring, and the raising of children provides a service essential to the future of the state. Unions of only men or only women do not have the procreative potential and do not provide the essential service of future generation to the state. This reason alone would be sufficient for the state to recognize a union of one man and one woman as distinct from civil unions for the purposes of law.

    I didn't realize there was a shortage of children in this country. In any case, I don't think allowing two men or two women to marry each other will contribute to a decline in the birth rate. Generally, people who are heterosexual enter into heterosexual relationships and get married and have children, while people who are homosexual enter into homosexual relationships, don't get married, and don't have children. Do you really think that if homosexual marriage was allowed, a bunch of straight people would suddenly say "enough of this opposite-sex crap. I'm off to get gay-married, to live a childless life of debauchery!"
  • On the contrary... (Score:1, Insightful)

    by Anonymous Coward on Tuesday December 12, 2006 @05:38PM (#17214222)
    A question was raised about the credibility of the data because it did not jibe with the personal experience of a critic. If the data truly supports the poster's conclusion, he or she should have no problem justifying the selection. The poster, rather than offering a reasoned response, merely pointed out that there was less credible data on the site. This is not only an unconvincing argument, but also calls into question the poster's selection criteria.

    Add to this the poster's failure to include the contextual data needed to correctly interpret that survey results. The poster neither provided the name of the original source nor a direct link to any of the survey data used. This, combined with the middle ground fallacy result is the appearance of bias on the part of the poster. Right or wrong, the poster's arguments remain unconvincing to anyone who does not already share a similar point of view.

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