03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
that an adult password requirement would impose significant burdens on
noncommercial sites, both because they would discourage users from accessing
their sites and because the cost of creating and maintaining such screening
[n.23]
systems would be "beyond their reach."
In sum, the District Court found:
"Even if credit card verification or adult password verification were
implemented, the Government presented no testimony as to how such
systems could ensure that the user of the password or credit card is in fact
over 18. The burdens imposed by credit card verification and adult password
verification systems make them effectively unavailable to a substantial
number of Internet content providers." Ibid. (finding 107).
The Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56, was an
unusually important legislative enactment. As stated on the first of its 103 pages,
its primary purpose was to reduce regulation and encourage "the rapid
deployment of new telecommunications technologies." The major components of
the statute have nothing to do with the Internet; they were designed to promote
competition in the local telephone service market, the multichannel video
market, and the market for over the air broadcasting. The Act includes seven
Titles, six of which are the product of extensive committee hearings and the
subject of discussion in Reports prepared by Committees of the Senate and the
House of Representatives. By contrast, Title V--known as the "Communications
Decency Act of 1996" (CDA)--contains provisions that were either added in
executive committee after the hearings were concluded or as amendments
offered during floor debate on the legislation. An amendment offered in the
Senate was the source of the two statutory provisions challenged in this case.
[n.24]
They are informally described as the "indecent transmission" provision and
[n.25]
the "patently offensive display" provision.
The first, 47 U. S. C. A. §223(a) (Supp. 1997), prohibits the knowing
transmission of obscene or indecent messages to any recipient under 18 years of
age. It provides in pertinent part:
"(a) Whoever-"(1) in interstate or foreign communications-.....
"(B) by means of a telecommunications device knowingly-"(i) makes, creates, or solicits, and
"(ii) initiates the transmission of,
"any comment, request, suggestion, proposal, image, or other communication
which is obscene or indecent, knowing that the recipient of the communication is
under 18 years of age, regardless of whether the maker of such communication
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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