Can misleading domain names on the internet be a federal offense?
The code reads:
"Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both."
The controversy over Joe Stanley's dirty political trick of switching domain names continues to grow. He bought the domain name of the conservative "Old Dominion Blog Alliance" and then linked it to the NAMBLA website causing unsuspecting readers to link to the "North American Man-Boy Love Association."
Here's the law:
Misleading Domain Name: Those who use a misleading domain name on the Internet in an attempt to deceive a minor child into viewing material that is considered harmful to that minor is committing a federal offense. This is irrespective of whether or not the material meets the legal definition of obscenity. [18 U.S.C. 2252B]
U.S. CODE > TITLE 18 > PART I > CHAPTER 110 > § 2252B
§ 2252B. Misleading domain names on the Internet
(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.
(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.
(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as “sex” or “porn”, is not misleading.
(d) For the purposes of this section, the term “material that is harmful to minors” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—
(1) predominantly appeals to a prurient interest of minors;
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) lacks serious literary, artistic, political, or scientific value for minors.
(e) For the purposes of subsection (d), the term “sex” means acts of masturbation, sexual intercourse, or physcial [1] contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.
[1] So in original. Probably should be “physical”.
Related posts:* Chris Graham at The New Dominion wrote
Prank -- or dirty trick?* Riley writes
You'd Think Roscoe Reynolds-gate Was a Federal Offense or Something.
* Kilo writes
Sen. Roscoe Reynolds and Joe Stanley -- No Comment!* Ward presents
Friday Whine and Cheese: Roscoe Reynolds Double Feature.* Scott's Morning Brew has
I haven't looked at Ferguson's financials....* Scott's Morning Brew also has
Roscoegate: Things that make you go hmmmm.
