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Re:
At 01:43 PM 4/21/99 +0200, Anonymous wrote:
>Hello All!
>
>How is the new law(?) about obscene emails doing.
>I mean how will the courts know the contents of our
>(your) mails.
>What do you think?
>From what I read, that's not really the issue. It applies to mail sent
specifically to harass someone, that person would in turn file the
complaint. Outside surveillance would not be involved.
[the original wording included indecent materials (lots of things), under
pressure the DOJ said they wouldn't pursue that, the court codified that
definition.]
Even though the law was upheld, the court seemed to explicitly require that
it apply only to legally obscene materials (fairly narrow definition) and
not indecent or harmful to minors etc. This should protect the vast
majority of really rude stuff, the court always seems to hedge it's bet by
making 1a exceptions 'obscene' materials. It seems they have a real problem
actually ruling in favor of true free speech, so the come as close as they
can without going over the edge.
jay
If I am wrong on any of these details, let me know IANAL.
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