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- Power to the prosecutors
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From the story:
In 2002, MCI bowed to pressure from then-Pennsylvania Attorney General Mike Fisher, when a judge ordered the ISP to block five sites deemed in violation of the law. Since ISPs are unable to prevent subscribers in one state from visiting these sites, it blocked access for all North American subscribers.
Fisher sent about 500 letters to various ISPs, asking them to block access to a list of sites. In depositions, America Online and Verizon Communications said Fisher's orders led to hundreds of thousands of innocent sites being blocked.
So, an Attorney General decides a site is obscene and sends a letter to ISPs. The ISPs responded not by asking for a court hearing, apparently, but by complying.
Which is more wrong, conviction by a State official acting as judge and jury, or the ISPs accepting his decision?
Hard to decide.
If this law were to be made effective, it should at least require court review. That way a Judge is making the obscenity determination. The order goes to the ISP, and the offending site is required to change its name and notify the subscribers.
At least that's observing the legal niceties.
I don't envy the Judge, by the way. Remember that the Supreme Court has held, correctly I believe, that a depiction by paint or photo is not the same as the act. Otherwise, we have thought crimes.
So, a Judge will have to determine not just obscenity but also the reality of the material, probably from a download.
Getting rid of the record of a horrendous crime, the abuse of a child, is a worthwhile goal, but I'm not sure that a system which cares about fairness can succeed. - Posted by: Anton Philidor Posted on: 09/10/04 You are currently: a Guest | Members login | Terms of Use
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