FC: Nasty add to anti-drug bill: Feds can censor web sites

[Declan McCullagh <declan () well com>]

[Okay, so we've already lost our Fourth Amendment rights to the War on 
(Some) Drugs. Now it's time to get rid of the First? --Declan]

*******

> Date: Thu, 27 Apr 2000 15:06:01 -0600
> From: Ben Masel <bmasel () tds net>
> To: "declan () well com" <declan () well com>
> Subject: Meth Bill Amendment
>
> Just before the Senate passed it, they added a twist, not referred to in
> the Mother Jones story, allowing the Justice Dept to order ISPs and
> Search Engines to remove material without a right of the poster to
> Judicial review.
>
> This clause was inserted to protect the big players from liability for
> postings from customers.
>
> My analysis and the relevant text are here http://weedstock.com/ben.htm
>
> Ben Masel, Madison WI
*********

From Ben's site:

  SEC. 203. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE I
  CONTROLLED
  SUBSTANCES.

  (a) DRUG PARAPHERNALIA- Subsection (a)(1) of section 422 of the 
Controlled Substances Act (21
  U.S.C.  863) is amended by inserting `, directly or indirectly advertise 
for sale,' after "sell'.

  b) IMMUNITIES AND OBLIGATIONS OF INTERACTIVE COMPUTER SERVICES-

    (1) IN GENERAL- Such section 422 is further amended by adding at the 
end the following new
  subsection:

  `(g) IMMUNITIES AND OBLIGATIONS OF INTERACTIVE COMPUTR SERVICES-

  `(1) IN GENERAL- An interactive computer service that satisfies the 
conditions of this subsection shall not
  be liable under this section or section 2 or 371 of title 18, United 
States Code, for the use of its facilities or
  services--

                               `(A) by another person, or

                               `(B) as an information location tool 
referred to in paragraph (6)(A), provided that the
  interactive computer service does not control or modify (except to 
prevent or avoid a violation of law) the
  content of the online location to which such location tool refers or 
links, to engage in activity that violates this
  section, except as provided in paragraph (2).

  (2) NOTICE AND TAKE DOWN RESPONSIBILITY-

                               `(A) IN GENERAL- If an interactive computer 
service receives a notice described in
  subparagraph (B)

  that a particular online site residing on a computer server controlled 
or operated by the provider is being
  used to violate this section, the provider shall within 48 hours, not 
including weekends and holidays, remove
  or disable access to the matter residing at that online site that 
allegedly violates this section.

                               `(B) NOTICE- A notice is described in this 
subparagraph only if it is a written
  communication from the Attorney General, the Administrator of the Drug 
Enforcement Administration, or a
  United States Attorney supplied to the agent of the interactive computer 
service designated in accordance
  with section 512(c)(2) of title 17, United States Code, or to any 
employee of the provider if no such
  designation has been made, and includes--

                                      `(i) identification of the matter 
that allegedly violates this section and that is to be
  removed or access to which is to be disabled;

                                      `(ii) an allegation that such matter 
violates this section;

                                      `(iii) information reasonably 
sufficient to permit the interactive computer service to
  locate such matter; and

                                      `(iv) information reasonably 
sufficient to permit the interactive computer service to
  contact the Federal official, including an address, telephone number, 
and, if available, an electronic mail
  address at which the Federal official providing such notice may be 
contacted.

                               `(C) FAILURE TO TAKE DOWN MATTER- An 
interactive computer service that
  does not take the actions described in this paragraph upon receiving a 
notice meeting the requirements of
  subparagraph (B) shall be deemed to have knowingly permitted its 
computer server to be used to engage in
  activity prohibited by this section and to have actual knowledge that 
the activity is prohibited by this section.

                               `(D) APPLICABILITY TO PROVIDERS OF BROWSER 
SOFTWARE-

                                      `(i) INAPPLICABILITY- This paragraph 
shall not apply to a provider of browser
  software to the extent that the provider provides access to information 
location tools controlled by another
  party.

                                      `(ii) APPLICABILITY- This paragraph 
shall apply to a provider of browser
  software which provides matter consisting primarily of matter prohibited 
by this section or which holds itself
  out to others as a source of, or directory for, or means of searching 
for matter prohibited by this section.

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