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Transport von Anstoessigem strafbar
- To: email@example.com
- Subject: Transport von Anstoessigem strafbar
- From: Lutz Donnerhacke <firstname.lastname@example.org>
- Date: Thu, 12 Sep 1996 14:12:14 +0100
- Comment: This Message comes from the debate mailing list.
- Sender: email@example.com
---------- Forwarded message ----------
Date: Thu, 12 Sep 1996 14:21:18 +1000
From: Julian Assange <firstname.lastname@example.org>
NEW YORK ENACTS INTERNET CENSORSHIP LAW
At the end of last week, Governor Pataki signed a new law making
it a felony to transmit by computer "indecent" material to
individuals under seventeen.
The bill creates a new class E felony, Disseminating Indecent
Materials to a Minor in the Second Degree (Penal Law Section 235.21),
punishable by up to four years in state prison.
In summary, a person must communicate
with a minor through the use a "computer communication system," which
allows data transfer between computers. The indecent material must be
"harmful to minors" and depict nudity, sexual contact or
sado-masochism. The transmitter must know "the character and content
of the communication."
There are several defenses:
1) if the display had "scientific, education, governmental or
other similar justification";
2) if the transmitter "made a reasonable effort to ascertain the
true age of the minor";
3) if the transmitter "took reasonable
steps to restrict or prevent access by minors";
4) if the transmitter restricted access by requiring credit card,
or other similar means;
5) if the transmitter establishes a mechanism enabling such
material to be automatically screened by screening software or other
means, and the transmitter has not solicited minors not subject to
such screening or otherwise circumvented such screening.
There is also a defense for access providers. Prosecution
is prohibited of any person who merely provides access or connection
to a facility beyond that person's control or ownership, provided
that person did not create or advertise for the offending material or
conspire with its creator.
A separate provision creates a class D felony punishable up to
seven years for Disseminating Indecent Material to Minors in the First
Degree (P.L. Section 235.23). A person is guilty when "By means of
such communication [described above] he importunes, invites or
induces a minor to engage in sexual intercourse, deviate sexual
intercourse, or sexual contact with him, or to engage in a sexual
performance, obscene sexual performance, or sexual conduct for his
The bill is effective November 1, 1996. Both the American Civil
Liberties Union and the New York Civil Liberties union plan a legal
challenge. The bill passed 57-0 in the Senate and 144-5 in the
The new law amends a New York law that already prohibited
disseminating indecent material to minors such as
photographs, sculptures, movies, books, magazines, and performances
for monetary consideration.
The contents of the bill S210E can be viewed at:
The old law can be viewed at:
searching for New York Statutes, Penal, Article 235.