Misleading words or images

[Stormlight]

I came upon this little gem on the website of the US Library of Congress:

Sec. 2252C. Misleading words or images on the Internet

(a) IN GENERAL-

(1) MATTER THAT IS OBSCENE- It is unlawful for any person knowing to embed words, symbols, or digital images into the source code of a website with the intent to deceive another person into viewing material that is obscene.

(2) MATTER THAT IS HARMFUL TO CHILDREN- It is unlawful for any person knowing to embed words, symbols, or digital images into the source code of a website with the intent to deceive a minor into viewing material that is harmful to minors.

(3) IDENTIFIED MATTER NOT DECEPTIVE- For purposes of this section, a word, symbol, or image that clearly indicates the sexual content of a website as sexual, pornographic, or similar terms shall not be considered to be misleading or deceptive.

(b) DEFINITIONS- In this section:

(1) MATERIAL HARMFUL TO MINORS- The term `material that is harmful to minors' means a communication consisting of nudity, sex, or excretion that, taken as a whole and with reference to its content--

(A) predominantly appeals to a prurient interest of a minor;

(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(C) lacks serious literary, artistic, political, or scientific value for minors.

(2) SEX- The term `sex' means acts of masturbation, sexual intercourse, or physical contact with a person's genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(3) SOURCE CODE- The term `source code' means the combination of text and other characters comprising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol, or functional content.

(c) PENALTIES-

(1) OBSCENE MATERIAL- Violation of subsection (a)(1) is punishable by a fine under this title, or imprisonment for not more than 2 years, or both.

(2) MATERIAL HARMFUL TO MINORS- Violation of subsection (a)(2) is punishable by a fine under this title, or imprisonment for not more than 4 years, or both.

So, am I the only one who thinks that this goes a tad too far? If I link to a site that has a couple of porn ads embedded will liv and vm go to jail?

[viscousmemories]

I don't see anything in the quoted text that would implicate us in your hypothetical scenario. If it would apply at all it seems like it would affect the developer of the website with the embedded porn ads, or (though this is quite a stretch, imo) you - as the one who "embedded" the link to said porn ads in the source code here by way of posting it.

[livius drusus]

Besides, vm will do the time. I'll get immunity in exchange for my testimony.

[lisarea]

That's the anti-goatse law, and it fucking sucks.

[Beth]

Originally Posted by livius drusus

Besides, vm will do the time. I'll get immunity in exchange for my testimony.

Tom, you better watch out for this one.

[Stormlight]

Originally Posted by viscousmemories

I don't see anything in the quoted text that would implicate us in your hypothetical scenario. If it would apply at all it seems like it would affect the developer of the website with the embedded porn ads, or (though this is quite a stretch, imo) you - as the one who "embedded" the link to said porn ads in the source code here by way of posting it.

This is your website, though. Would you not be responsible if you fail to remove the link from my post?
Furthermore, the definition of what is "harmful to minors" appears to be more than a little vague, no?

[Smilin]

There's embedded porn in the links here? KEWL!!!

[viscousmemories]

I'm not saying the law isn't overbroad and disturbingly vague. I think it is. I'm just saying it seems unlikely that any reasonable person would interpret our failure to remove a disguised porn link posted by one of our members as "knowingly embed[ing] words or digital images into the source code of a Web site with the intent to deceive a minor into viewing material harmful to minors on the Internet".