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Transport von Anstoessigem strafbar

---------- Forwarded message ----------
Date: Thu, 12 Sep 1996 14:21:18 +1000
From: Julian Assange <proff@suburbia.net>
To: lacc@suburbia.net


    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:
http://www.law.cornell.edu/statutes.html and
 searching for New York Statutes, Penal, Article 235.