From: Samuel Kaplin <skaplin@mirage.skypoint.com>
Date: Wed, 8 Feb 95 00:19:05 PST
To: cypherpunks@toad.com
Subject: Re: URGENT - What S.314 Would Do
In-Reply-To: <3h81qs$ee0@dockmaster.phantom.com>
Message-ID: <Pine.SV4.3.91.950208020311.25943A-100000@mirage.skypoint.com>
MIME-Version: 1.0
Content-Type: text/plain




On 7 Feb 1995, slowdog wrote:

>    Whoever -
>    
>    (1) in the District of Columbia or in interstate or foreign
>    communication by means of [telephone] telecommunications
>    device -
>    
>    (A) [makes any comment, request, suggestion or proposal] 
>    makes, transmits, or otherwise makes available any comment,
>    request, suggestions, proposal, image, or other communication]
>    which is obscene, lewd, lascivious, filthy, or indecent;

Ding...Ding...Ding... We have a winner here. Goodbye binaries and sex groups.
Please note the "whoever" at the top of the paragraph. No "knowingly." 
The question is: "Is obsene speech, protected speech? Does this negate 
the first ammendment?

> 
>    (B) [makes a telephone call, whether or not conversation
>    ensues, without disclosing his identity and with intent to
>    annoy, abuse, threaten, or harass any person at the called
>    number] makes a telephone call or utilizes a telecommunications
>    device, whether or not conversation or communications ensues,
>    without disclosing his identity with intent to annoy, abuse,
>    threaten, or harass any person at the called number or who
>    receives the communication;

Ding...Ding...Ding... We have another winner. Goodbye remailers. Probably 
90% of remailer traffic violates this one. Well boys and girls we'd 
better get lots more offshore...soon.