[comp.org.eff.talk] Wireless Networks, the FCC, and Censorship?

cirby@vaxb.acs.unt.edu (((((C.Irby))))) (03/11/91)

With all of the talk about the net and censorship, a couple of 
questions have popped into my mind.

Since all of the computer "big guns" (Apple, etc.) have decided 
to get into wireless networking, the door has opened for some 
interesting legal questions:

(note: most of this is U.S. specific)

Since the Federal Communications Commission has control over
broadcasting, that means they have some jurisdiction over the
material that goes over wireless networks.  Does that mean I
could be arrested (and my network shut down) for 'letting' some
user transfer a 'sex.gif' to another user?  Think about those
packet radio operators who are fighting the FCC over the issue
of the transfer of a 900 number (packet radio can't be used for 
profit, and someone put an 'ad' for a 900 number into the system-
some sysop got fined for 'allowing' the automatic transfer of
this information). 

Add that to the lack of First Amendment protection for broadcasting.  
This could mean that the FCC can monitor your network and decide to 
shut you down- and they have the precedents for it.  They might even
try to nail someone for transferring 'adult' pictures during the 
family hour... ;-)


Do we have a problem here?  Should we try to narrow the powers of
the FCC in this regard?

Do other countries have similar situations looming on the horizon?

-- 
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