|
Grex > Coop11 > #98: Possible Michigan internet censorship law/challenge | |
|
| Author |
Message |
| 25 new of 111 responses total. |
janc
|
|
response 78 of 111:
|
May 31 16:41 UTC 1999 |
Arboret/M-Net has been asked to participate too. I'm sure there will be
a longish list.
|
dpc
|
|
response 79 of 111:
|
May 31 16:46 UTC 1999 |
Right, there will be a longish list. If past experience with these
suits is any guide, Grex' name will appear in the media only twice,
if at all: first, on the filing of the suit, and second, when it's
decided.
|
rcurl
|
|
response 80 of 111:
|
May 31 20:23 UTC 1999 |
Frank or Ernest yesterday said "I can tell when art leaves off and
vulgarity begins - it's when I start paying attention". This wry remark
seems to apply equally to those adopting extreme positions in favor of or
opposed to media censorship.
|
drew
|
|
response 81 of 111:
|
May 31 20:29 UTC 1999 |
I'm curious of whether the guys with the Davis three-wheel cars pay motorcycle
liability insurance rates (generally lower than cars when I was buying it)
and licence plate fees.
|
mdw
|
|
response 82 of 111:
|
Jun 1 01:56 UTC 1999 |
They're collectors. There's a good chance some or all of them aren't
licensed for the road anymore, but if they are, so far as I can tell,
they'd be a motorcycle to the state of michigan. To the insurance
company, they might look and cost a lot more like a Ferrari than a Honda
- replacement value on something so rare must be pretty steep.
|
devnull
|
|
response 83 of 111:
|
Jun 1 04:35 UTC 1999 |
So the text of the bill seems to say:
(f) "Internet" means that term as defined in section 230 of title II of
the communications act of 1934, chapter 652, 110 Stat. 137, 47 U.S.C. 230.
umm, `internet' was defined in 1934?
|
brighn
|
|
response 84 of 111:
|
Jun 1 05:21 UTC 1999 |
BTW, a related matter of censorship is Senate Bill 239, which passed the
Senate on the 25th and is in the House now. This one requires that public
performances by "Tipper stickered" performers also carry the Tipper Sticker
(The Tipper Sticker is the "Parental Advisory Label: Explicit Lyrics" sticker
primarily on hip-hop, rap, industrial, and heavy metal music.)
Ten years of a Republican Governor is definitely starting to bear its sickly
fruits upon this state.
|
aaron
|
|
response 85 of 111:
|
Jun 1 13:07 UTC 1999 |
re #83: Sure. Al Gore was a busy boy back then.
|
janc
|
|
response 86 of 111:
|
Jun 1 14:06 UTC 1999 |
The communications act of 1934 has been regularly ammended.
|
aruba
|
|
response 87 of 111:
|
Jun 1 15:11 UTC 1999 |
Re #83: I wondered about that too...
Re #84: Engler has been governor for 8.5 years.
|
aruba
|
|
response 88 of 111:
|
Jun 1 18:44 UTC 1999 |
John Remmers appointed me to take care of arranging a special board meeting
if we need one. I just got off the phone with Michael Steinberg, and he said
he will have a conference call this afternoon with all the lawyers involved
in the case, and after that he will be able to give us a definite date by
which they need an answer from Grex. It will certainly be within two weeks,
though, so we will need to have a special board meeting. Mr. Steinberg said
he will be able to attend. We discussed either Thursday the 3rd or Monday
the 7th. He'll call me back and let me know which, and then I will arrange
for a place. I have a feeling we should book a place slightly larger than
the Kids room at Zingerman's; anyone have any suggestions?
|
aruba
|
|
response 89 of 111:
|
Jun 1 18:59 UTC 1999 |
Mr. Steinberg also pointed me to the ALA vs. Pataki case he mentioned
above as a good model for how he thinks this one will go. The key
document to look at is the Brief in Support of a Motion for Preliminary
Judgement, which can be found at:
http://www.aclu.org/court/alavpataki.preliminary.html
|
dpc
|
|
response 90 of 111:
|
Jun 1 19:36 UTC 1999 |
Great news about the special Board meeting, aruba!!
|
mta
|
|
response 91 of 111:
|
Jun 1 20:04 UTC 1999 |
We might look at the back room at Gypsy Cafe or the meeting room at Crazy
Wisdom. I don't think CW is quite up to speed yet at it's new location --
but Gypsy has a back room where they regularly have bands -- so it should be
big enough.
(And reasonably quiet if we can resere it.)
|
brighn
|
|
response 92 of 111:
|
Jun 2 02:17 UTC 1999 |
87> Point? Is there a significant difference between 8.5 and 10, in these
matters?
|
gutchess
|
|
response 93 of 111:
|
Jun 2 04:52 UTC 1999 |
To Marcus Watts: on and on you drone
To Paul Kershaw: perhaps you are sickly
To David Cahill: the standing issue is important and I'm glad you admit Grex
may not qualify.
To Steve Gibbard: I favor your approach and attitude of finding examples of
materials that might be considered "sexually explicit".
To Mike Gardiner: You say if this law takes effect unchallenged Grex could
not continue to function in any worthwhile way." I find this impossible
to believe.
To Aaron Larson: You say Grex would chage a lot if this law were fully
enforced." Again, I find this hard to believe.
To John Ellis: hang in there, you are a righteous fellow.
To Jan Wolter: You said you feel Grex might be liable if a minor used Grex
then used lynx to access a porn site... The porn site would be liable at the
transmitter of the sexually explicit material.
Before you let the ACLU get your panties in a big bunch, consider the
phrase in the law, under Section 6e, Exceptions to who can send sexually
explicit material: Under this law "ANY PERSON CAN TRANSMIT sexually explicit
material FOR ANY LEGITIMATE medical, scientific, governmental or judicial
purpose."
Does Grex want to lend its good (?) name to this suit which REALLY protects
the really hard-core porn sites, and the fairly hard-core porn sites, and the
soft-core porn sites.
As Rand says: Let them prosecute Grex. I have not visited "flirt" but I
really doubt Grex has anything to fear in terms of being prosecuted as a
transmitter of sexually explicit material. Why would Grex allow that anyway?
|
rcurl
|
|
response 94 of 111:
|
Jun 2 05:08 UTC 1999 |
How explicit does sex have to be before you disapprove of it? I detect
that you draw a specific line.
|
mdw
|
|
response 95 of 111:
|
Jun 2 07:12 UTC 1999 |
I very much doubt much if any of the material on grex would qualify
under medical, scientific, govermental, or judicial purposes. 6e is a
nop so far as grex is concerned.
This suit and the law have nothing to do with hard core porn sites. If
anything, the law favours hard core porn sites. These sites are nearly
always for-pay, over-21, and are segmented in such a way that the big
bucks go to the "age check" organizations, while the actual porn is
distributed by small well distributed (high redundancy) organizations
which is where most of the risk would be. The legal risk these sites
have is minimal, & by eliminating competition (from free sites that
can't afford to do the checking), this law is actually beneficial to
them.
If you reread my responses above, you will discover I posted a number of
actual examples of things actually happening on grex that pose a much
greater risk than someone merely using lynx to access a porn site (which
by itself seems more than slightly useless, since porn sites aren't big
on text.)
|
dpc
|
|
response 96 of 111:
|
Jun 2 13:44 UTC 1999 |
Actually, the *federal* "internet minors" statute which Michigan has
cloned was designed to go after the free "teaser" pages of those
adult hard-core porn sites. That statute has been struck down.
I fully expect Michigan's clone to be struck down as well.
|
aruba
|
|
response 97 of 111:
|
Jun 2 13:58 UTC 1999 |
I spoke with Mr. Steinberg again this morning. We agreed on Monday at 7:30
to have the meeting, but I still need to find a place. Misti suggested
Gypsy Cafe - I'll look into that. Anyone else have a suggestion?
|
aruba
|
|
response 98 of 111:
|
Jun 2 14:21 UTC 1999 |
Re #92: The difference between 8.5 and 10 is 1.5.
|
janc
|
|
response 99 of 111:
|
Jun 2 14:47 UTC 1999 |
Matthew says:
>To Jan Wolter: You said you feel Grex might be liable if a minor used Grex
>then used lynx to access a porn site... The porn site would be liable at
>the transmitter of the sexually explicit material.
I said in response resp:11 of this item:
>If some minor dialed into Grex, then used lynx to access a porn site, then I
>think this law would protect us.
I think you misread what I wrote.
Matthew says:
>I really doubt Grex has anything to fear in terms of being prosecuted as a
>transmitter of sexually explicit material. Why would Grex allow that anyway?
The law clearly includes text material. It is clearly possible for any of
our 26,000 users to anomyously post such material on Grex. Are you assuming
that if we said it wasn't allowed, none of the 26,000 users would ever post
such material? Unless we take reasonable measures to enforce such a rule,
having the rule would not protect us in a lawsuit. Would you like to describe
how we could enforce this rule without making major changes to Grex? Recall
that we cannot transfer the liability for posting such a material to the person
posting it unless we can identify that person, and that given our registration
procedures, many of our users are unidentifiable.
Or are you saying that although material that is clearly illegal under this
law is sure to appear on Grex, the odds are against anyone ever actually
prosecuting us under this law, so we can blithely ignore the whole thing.
If so, can we depend on you to pay $10,000 or serve two years in prison if
you happen to be mistaken, or do you think taking such risks is the natural
duty of Grex's board members?
|
janc
|
|
response 100 of 111:
|
Jun 2 14:48 UTC 1999 |
Have you tried reserving our usual room in Zingermans?
|
aruba
|
|
response 101 of 111:
|
Jun 2 15:19 UTC 1999 |
I'm thinking the usual room may be too small. I don't know how many people
will show up, but I can easily imagine there being more than will fit into
our usual space.
|
rcurl
|
|
response 102 of 111:
|
Jun 2 17:37 UTC 1999 |
You expect that when you are going to discuss sex.... :)
Re #98: this gives me confidence in Mark as our treasurer.... :)
|