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Old 11-26-2005, 02:19 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
this is actually, potentially, a big case for all of us. the polk county prosecutor has said that even though his sites are on the internet and hosted in the netherlands that since he was in polk county polk county community standards should be what are used for the obscentiy case.

His family bailed him out ( with over 300 counts they had to raise a lot of money ) and he now has a lawyer. His lawyer says that Polk county doesn't have the right to determine what is obscene on the internet because it is a global community. There are many issues at stake here. For example there is case with Extreme Associates where the judge ruled that since the tapes were ordered over the internet and sent through the mail, there is no community involment so there is no community standard and hence no case. It's more involved then that and also includes right to privacy laws, but the main portion is that. This guys lawyer is saying the same thing, there is no storefront or retail business and any community involvment is going to be at home on their computers so the same should go here. If the prosecutor is sucessful in getting to use the polk county community standard it will really open the door for more cases against websites. Here are some articles about what is going on with this:

http://www.theledger.com/apps/pbcs.d...511250351/1004
http://www.theledger.com/apps/pbcs.d...511250353/1039
http://www.theledger.com/apps/pbcs.d...511250352/1004

Last edited by kane; 11-26-2005 at 02:21 PM..
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