Dianna, there are certain areas of the US where adult material is not available for retain, and importing it into those areas is against the law. The transport of this obscene material makes it a federal crime.
MOST of the "obscenity" cases you see out there have to do with this issue, and have less to do with the material itself. Places like Salt Lake City has a community standard that says kissing is also obscene. Sending a tape of an interracial gangbang with anal and facials probably would be judged obscene, even though it isn't for the most part.
No precident (that I am aware of) has been set regarding the transport of materials via computer. The most famous computer obscenity care, "Amateur Action BBS (I think that was the name" was in fact tried only because video tapes were sent through the mail to one of those bad zip codes. Otherwise, they did not have much to work with.
I have found it an interesting precident, however, that most possession of obscene material, especially in the CP area, has gone after the individual end user. Would this suggest that the end user would also be responsible for any "interstate transport", which would limit liabilty to the website owner?
Alex
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12-13-2002
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