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Old 03-29-2004, 11:32 AM  
sperbonzo
I'd rather be on my boat.
 
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Join Date: May 2003
Location: Miami, FL
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Quote:
Originally posted by Giorgio_Xo


I agree implimentation would be slow, but there are set time limits to a WTO ruling.

Here is an additional question: Can it be used to overturn current definitions of local obscenity?

A video legal in Germany, U.K., Holland, California sold internationally over the internet.

Local obscenity laws would regulate international commerce. This a power that local and state governments don't have.

Since international treaties supersede local laws (U.S. Constitution), Puritan counties in Ohio couldn't enforce their medieval laws.
It will be very interesting to see how it goes. I would think that 10th amendment issues will be the most ticklish; although the passages regarding international treaties apply, there are constitutional scholars who could argue that the commerce is taking place locally, not over an international border per se, and therefore does not qualify. Also watch as many far eastern and european countries with ever-tightening restrictions on internet porn also jump into the fray.
If you think that laws on porn are severe in certain parts of the US, you should see what they are like in at least 6 or7 other countires that I know of......make the strictest US statutes look lax! Gambling does not carry nearly as many sociological and cultural hurdles as porn does internationally.
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