Part 1 of Essay
I. Summary Although the October 16, 1995 legislative proposal purports to regulate “ computer pornography”, the proposal contains fatal flaws which render the proposal at best counterproductive and at worst devastating to on-line communications. First, it prohibits, but fails to define, “indecent” speech to minors -- a ....

Part 2 of Essay
.... because the proposal i) defines the elements of criminal liability in vague and contradictory terms, and ii) eliminates safeharbors in the Senate bill that would define a clear standard of care, it might hold systems liable for actions that don't reach even a “ knowingly” standard of liability. As a result, access providers, system managers and operators, and employers may potentially be liable for actions of users over which they have no specific knowledge, intent, or control. For any company that c ....