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Microcap & Penny Stocks : FRANKLIN TELECOM (FTEL) -- Ignore unavailable to you. Want to Upgrade?


To: Stephen B. Temple who wrote (26299)1/29/1998 6:05:00 PM
From: lostmymoney  Read Replies (1) | Respond to of 41046
 
Some ought to read the law before threats are made. Especially since FTEL and FNET are providers. The NEXT toolbar takes all liability from SI, friends.

89. The Act establishes several defenses a defendant
may assert in a criminal prosecution under the Act. First, no
person shall be held to have violated subsection (a) or (d)
solely for providing access or connection to or from a
facility, system, or network not under that person's
control, including transmission, downloading,
intermediate storage, access software, or other related
capabilities that are incidental to providing such
access or connection that does not include the creation
of the content of the communication.

140. For these reasons, plaintiffs reasonably fear
that the defense in 47 U.S.C.  223(e)(1) may not protect online
service providers from criminal conviction for indecent
expression by third parties when that expression is located on
the providers' computers (such as when an individual computer
user posts a vulgar message to an online discussion). Plaintiffs
reasonably fear that the defense may apply only to the extent an
online service acts as a mere conduit to enable its subscribers
to gain access to another network.

141. The speech at issue in this case is fully
protected by the First Amendment. "Indecent" speech or "patently
offensive" communications, while considered by some to be
offensive or sexually suggestive, are not obscene. Such speech
can have serious literary, artistic, political or other merit,
and thus has considerable value to adults and to society as a
whole.
145. The government has no legitimate, much less
"compelling," interest in preventing adults from sending or
receiving "indecent" or "patently offensive" speech. The
government has no legitimate, much less "compelling," interest in
preventing older children from sending or receiving speech that
would only be deemed "indecent" or "patently offensive" if
communicated to younger children.