Obscenity - Overview

SERVICE PROVIDER LIABILITY

Obscenity: Overview

● Background

Statutes prohibiting interstate transportation of obscene materials (18 U.S.C. 1465).

Statute applies to digital images transmitted by BBS over phone lines.

Community standard for indecency is community into which materials downloaded.

Theory of vicarious liability might create liability for Service Provider. If user’s underlying conduct is actionable and service provider knew or should have known of the illegal nature of the conduct, it may be liable.

§ Communications Decency Act

Targets services knowingly sending obscene or indecent material (dealing with sex) to persons under 18.

Would hold Service Providers liable if they knowingly permit their system to be used to violate CDA.

Defenses: (1) no liability if service provider only provided access to materials not under their control, (2) no liability if service provider takes a "good faith, reasonable, effective, and appropriate" steps to restrict minors’ access to obscene material.

Search engines and links to search engines may deny services providers first defense.

FCC may be involved in determining what measures are reasonable, effective, and appropriate" to restrict minors’ access to obscene materials.

Service Provider Liability Pages

Introduction • Table of Contents
Servcie Providers - Overview • Service Providers - Discussion • Liability Analogies - Overview • Liability Analogies - Discussion • Defamation - Overview • Defamation - Discussion • Intellectual Property - Overview • Intellectual Property - Discussion • Obscenity - Overview • Obscenity - Discussion • Criminal - Overview • Criminal Discussion • Privacy - Overview • Privacy - Discussion • Policy Discussion • Conclusion • Pocket Part • Notes & Links

Prepared for Professor Laura Gasaway's Cyberspace Law Seminar (Law - 357C)
UNC School of Law - Spring 1997

By: Ashe Lockhart (Webmaster) & Carol Kozar

Instructor: Laura N. Gasaway, Professor of Law and Director of the Katherine R. Everett Law Library