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

[steve]

Hi:

I can answer your question.   If the girls are located in the Philippines
then they fall under the laws of that country.

You are not engaging in prostitution if the girls never meet the johns.

There would be no criminal liability from the United States.   The United
States Attorney would not prosecute you under these facts presented. 

The answer to question 3 is that depends on what the laws in the Philippines
as it relates to the Xlec, it citizens and companies.   Further, it would
also depend on the contractual relationship the Xlec has with its carriers.

In answer to question 4, if you are an ISP then you are protected under the
common carrier laws.   In short, what you don't know, you are not
responsible for.   However, if you have knowledge, then you are responsible.
A very famous case:   US v Pacific Telephone ( I can get you the citation if
you wish)  A drug deal goes down over the phone and the government tries to
hold the telephone company as part of the conspiracy.  The court rules that
the telephone company is a common carrier and they are not responsible as
long as it is without their knowledge.

There are cases where the phone company had knowledge and consequently, they
were found guilty and forced to pay heavy fines. 

Steve
WL Com




-----Original Message-----
From: asterisk-biz-bounces at lists.digium.com
[mailto:asterisk-biz-bounces at lists.digium.com] On Behalf Of Michael Welter
Sent: Thursday, May 12, 2005 6:03 PM
To: Commercial and Business-Oriented Asterisk Discussion
Subject: [Asterisk-biz] Criminal Liability (I know there are attorneys
onthis list)

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?



_______________________________________________
Asterisk-Biz mailing list
Asterisk-Biz at lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-biz