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Re: What is lawful content? [was VZ...]


From: Owen DeLong <owen () delong com>
Date: Fri, 27 Feb 2015 20:23:47 -0800


On Feb 27, 2015, at 15:49 , Jimmy Hess <mysidia () gmail com> wrote:

On Fri, Feb 27, 2015 at 4:23 PM, Patrick W. Gilmore <patrick () ianai net> wrote:
Things like KP are obvious. Things like "adult" content here in the US are, for better or worse, also obvious 
(legal, in case you were wondering).

I would prefer they replace use of the phrase "lawful internet
traffic";   with   "Internet traffic not prohibited by law  and not
related to a source, destination, or type of traffic prohibited
specifically by provider's conspiciously published terms of service."

The use of the phrase "LAWFUL"  introduces ambiguity,  since any
traffic not specifically authorized by law could be said to be
unlawful.

Since we are talking about US law, you are not correct.

Anything not specifically prohibited by law in the US is lawful.

Something neither prohibited nor stated to be allowed by law is by
definition.... Unlawful as well….

Sorry, but no, that’s simply not accurate in the united states as legal terminology applies:

From law.com <http://law.com/> (I’m too cheap to pay for a subscription to Black’s):

unlawful
adj. referring to any action which is in violation of a statute, federal or state constitution, or established legal 
precedents


Ergo, lawful would be anything which is not in violation of a statute, federal or state constitution, or established 
legal precedents.

Owen


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