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Originally posted by loam
No, the amendment clearly states "or other types of communications that are transmitted, in whole or in part, by the Internet ..."
Originally posted by soficrow
Boy are you wrong.
Originally posted by Jamuhn
Well, that's a vague usage.
Originally posted by Jamuhn
I think this law is for phone calls/faxes etc. If you aren't dialing a number, then I don't think you have anything to worry about.
(h) Definitions
For purposes of this section—
(1) The use of the term “telecommunications device” in this section—
(A) shall not impose new obligations on broadcasting station licensees and cable operators covered by obscenity and indecency provisions elsewhere in this chapter; and
(B) does not include an interactive computer service.
(2) The term “interactive computer service” has the meaning provided in section 230 (f)(2) of this title.
(2) Interactive computer service
The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
(1) The use of the term “telecommunications device” in this section-
(A) shall not impose new obligations on broadcasting station licensees and cable operators covered by obscenity and indecency provisions elsewhere in this chapter;
(B) does not include an interactive computer service; and
(C) in the case of subparagraph (c) of subsection (a)(1), includes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).".
Originally posted by loam
Happen to know a legal definition for that? Believe it or not, I don't think there is one.
iden·ti·ty
n.
pl -ties
1. Sameness of essential character or aspect (collateral estoppel requires identity of the issues and the parties)
2.
1. Separate or distinct existence (when movables lose their identity or become an integral part of the immovable - Louisiana Civil Code)
2. Distinguishing character of a person; esp Information (as a name or address) that distinguishes a person (is required to reveal the identity of an informer) (but for a mistake concerning the identity of the proper party - Federal Rules of Civil Procedure Rule 15(c))
3. The condition of being the same as a thing or person described, claimed, or accused (character evidence of a suspect's past crimes may be admitted to prove the identity of a crime's perpetrator)
Originally posted by Jamuhn
I don't mean to be rude, but I don't think I'll rely on your opinion concerning whether there is a legal definition....While one may not be defined in the United States Code, I'm sure there is certainly an entry for popular law usage.
Originally posted by loam
The more appropriate source would be Black's Law Dictionary.
Additionally, without a statutory definition, courts decide the meaning of such words. To my knowledge, no court has specifically held upon the legal meaning of "identity".