Aittvax.162
net.general
utzoo!decvax!ittvax!swatt
Thu Dec 17 12:44:56 1981
freedom of the netwaves ?

The suggestion of a limericks newsgroup, together with the various
submissions to net.jokes.*, raises some interesting questions about the
use of common carrier phone lines.

There are in place laws against "profane or obscene" language in phone
calls; The FCC also enforces laws against "obscenity" in radio and
television.  Is the use of phone lines to transmit "obscene" material
therefore against the law?

Now the laws against "profane or obscene" language in phone
conversations are obviously never going to be enforced unless somebody
complains.  Thus if I use such language over the phone with someone who
doesn't mind, nothing will come of it.

However, if I use the phone system to transmit anything containing
"profane or obscene" language over a computer network, and any of the
people who are now exposed to this item object, am I guilty of
anything?

One can argue that the phone regulations are intended primarily to
protect people from harassment, and the prohibitions against
profane language are therefore classed with prohibitions against
threatening phone calls.  People who don't want to read profane or
obscene material coming across the computer network generally
don't have to; the stuff is kind of like books on a library shelf.

The FCC regulations are a different matter.  Under the principle that
the airwaves are limited, and must be held in trust for "the public",
the FCC can control who has access to them.  However computer networks,
news and mail systems are much closer to the "broadsides" of yesteryear.
Are they therefore protected under the free speech ammendment?

Now good old ordinary U.S. Snail is protected under the first
ammendment, with important exceptions for (among others) fraud and
obscenity.

This all seems like an interesting topic; any lawyers out there care
to research it?

	- Alan S. Watt (decvax!ittvax!swatt)

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