What is lawful content? [was VZ...]
Owen DeLong
owen at delong.com
Sat Feb 28 04:23:47 UTC 2015
> On Feb 27, 2015, at 15:49 , Jimmy Hess <mysidia at gmail.com> wrote:
>
> On Fri, Feb 27, 2015 at 4:23 PM, Patrick W. Gilmore <patrick at ianai.net> wrote:
>> Things like KP are obvious. Things like "adult" content here in the US are, for better or worse, also obvious (legal, in case you were wondering).
>
> I would prefer they replace use of the phrase "lawful internet
> traffic"; with "Internet traffic not prohibited by law and not
> related to a source, destination, or type of traffic prohibited
> specifically by provider's conspiciously published terms of service."
>
> The use of the phrase "LAWFUL" introduces ambiguity, since any
> traffic not specifically authorized by law could be said to be
> unlawful.
Since we are talking about US law, you are not correct.
Anything not specifically prohibited by law in the US is lawful.
> Something neither prohibited nor stated to be allowed by law is by
> definition.... Unlawful as well….
Sorry, but no, that’s simply not accurate in the united states as legal terminology applies:
From law.com <http://law.com/> (I’m too cheap to pay for a subscription to Black’s):
unlawful
adj. referring to any action which is in violation of a statute, federal or state constitution, or established legal precedents
Ergo, lawful would be anything which is not in violation of a statute, federal or state constitution, or established legal precedents.
Owen
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