[Asterisk-biz] Criminal Liability (I know there are attorneys on this list)

Michael Welter mike at introspect.com
Thu May 12 18:03:03 MST 2005


First:  I am not casting dispersions upon anyone on this list.  However, 
I have a what-if question based on queries I have received off-list 
during the past month:

Premise:
.  I facilitate a call center from the U.S.,
.  the call center is located offshore in, say, the Philippines,
.  the "agents" at the call center are children (aka "the girls"), and
.  the call center is a phone sex operation.

Question 1:  Under U.S. law, is this sexual exploitation of a minor?

Question 2:  Is there criminal liability under U.S. law (i.e., do the 
laws that criminalize sex tours apply)?

Question 3:  If there is liability, would an xLEC have the same 
liability for carrying the same traffic?  Or, because I'm the little 
guy, would I be the perfect target for the DA/governor-wannabe?

Question 4:  As an ITSP, should I be aware of the line of business of 
each of my customers (and the nature of their calls)?  For example, 
should I know that my customer is a bookie and taking bets over my network?






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