Question 4. (Chapter 2, 3 and 5

You are outside counsel to a company that has just been chosen to manage and operate a new .XXX Top Level Domain, just established by ICANN.Congressman Albert Jenkins (D-FL) has recently introduced legislation providing that:

(1)Any person who "knowingly, and by means of the World Wide Web or other Internet application, displays, transmits, or enables others to display, transmit, or otherwise makes available to any person, material that is pornographic (as defined below).... Must make that material available only from within the .XXX Top-Level Domain."

(2)"Pornographic material" is defined as anything that (A) "depicts, describes, or represents, in a patently offensive manner, an actual or simulated sexual act, or an actual or simulated depiction of human genitals," and that (B) "the average adult, applying contemporary nationwide community standards, would find appeals solely to the prurient interest."

(3)In addition, the statues require all persons making available any such material to "take reasonable measures to prevent access to such material by persons under the age of 17."

Violation of the statute carries with it civil (fines up to $25,000.00) and criminal (up to 1 year in prison) penalties.

Write a memo for your client assessing the issues that would be raised by Congressman Jenkins's bill if it were to be enacted into law, and recommending actions that your client should or should not take in that event.