[PLUG-TALK] Porn on the Net...

Michael Moore moore.michael.m at gmail.com
Wed Oct 28 21:44:32 UTC 2009


On Wed, Oct 28, 2009 at 11:05 AM, Russell Johnson <russj at dimstar.net> wrote:
>
> On Oct 28, 2009, at 10:43 AM, Michael Moore wrote:
>>
>> Except that the federal government could pass a law, say, along the
>> lines of what M. Robinson is advocating, making it a crime to make
>> available obscene material on the Internet without requiring payment.
>> That law, presuming it passes Constitutional muster (the U.S.
>> Constitution, not Oregon's state constitution) would be enforceable in
>> Oregon.
>
> What is the federal government going to do about the porn that comes
> from other countries? The internet has no borders.

Russell, I already said, in a previous message, that such a law would
be all but unenforceable, or at the least no more enforceable than
CAN-SPAM.  The above was a reply to Paul's message that such a law
would be unconstitutional in Oregon -- the Oregon legislature might
not be able to pass a law like this that would stick, but the federal
legislature could.

>>
>> It's similar to the situation Oregon and other states that allow
>> medicinal marijuana are in:  it's legal under state law to possess and
>> use limited quantities of the substance under state law, but such
>> possession and use is prohibited by federal law.  You can be in
>> compliance with state law and thus safe from arrest by state or local
>> law enforcement, while at the same time be at risk of arrest by
>> federal law enforcement.
>
> Not anymore. The feds have been told to back off.

That's a matter of policy, not of law.  Policies are easy enough to
change, or skirt at the discretion of Federal law enforcement.  If the
Feds are after someone and they find they can get that person on a
drug charge in lieu of whatever they really want him for, do you
seriously believe the Feds will "back off"?  The point is, it is still
illegal, even if the current (as of a few weeks ago) policy is not to
pursue such cases.

Michael M.



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