Re: Spin Control Alert (LI Newsday, 2/12/96)

From:	IN%"declan+@CMU.EDU"  "Declan B. McCullagh" 15-FEB-1996 01:33:25.17

>Since you don't understand the way Federal criminal charges work,
>there's no reason I should take your argument seriously. (Hint: The
>*U.S. Attorney*, or an AUSA, files charges, not you, me, or a random
>"athiest.")

	How about a lawsuit by the atheist against the site? Since the CDA
claims that such material is harmful, and tries to make it illegal, such a
lawsuit would appear to have grounds - especially if the atheist has a child
that is "surfing the Net." Now, they're unlikely to _win_, but the atheist
can cost them some money _and_ make the CDA look stupid. If I were in the
American Atheist Foundation or some such, I'd do such a lawsuit against a
Christian Right organization that had supported the CDA.
	Of course, the selective enforcement will be a good argument in favor
of the law being unconstitutional.
	Crypto relevance? Criminal laws aren't the only things that a
crypto-anarchial system will make less effective. Civil lawsuits (under things
like libel) also will be. I'd call this a good change.
	-Allen

A lawsuit against the atheist would not be effective and could result in
a countersuit for abuse of process.

-Declan


Excerpts from internet.cypherpunks: 15-Feb-96 Re: Spin Control Alert (LI
.. by "E. ALLEN SMITH"@mbcl.ru 
>         How about a lawsuit by the atheist against the site? Since the CDA
> claims that such material is harmful, and tries to make it illegal, such a
> lawsuit would appear to have grounds - especially if the atheist has a child
> that is "surfing the Net." Now, they're unlikely to _win_, but the atheist
> can cost them some money _and_ make the CDA look stupid. If I were in the
> American Atheist Foundation or some such, I'd do such a lawsuit against a
> Christian Right organization that had supported the CDA.
>         Of course, the selective enforcement will be a good argument in favor
> of the law being unconstitutional.
>         Crypto relevance? Criminal laws aren't the only things that a
> crypto-anarchial system will make less effective. Civil lawsuits
(under things
>  
> like libel) also will be. I'd call this a good change.