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

[fruit f*cker 2000]

If you're going to do it in the Philippines, be careful. The
government is doing a crackdown on exploitation of minors. Even if you
have "the girls" consent.

I've seen TV news reports of actual raids. Equipment seized &
operators arrested. Minors are sent to the social welfare department
while the operator, if a foreigner, will be charged and sent back
home.

On 5/13/05, alex at pilosoft.com <alex at pilosoft.com> wrote:
> On Thu, 12 May 2005, Michael Welter wrote:
> 
> > 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.
> >
> First, ASK YOUR LAWYER. Do you seriously want to hear advice from people
> on the list? This is really not asterisk related either. I'm not a lawyer,
> but here goes.
> 
> > Question 1:  Under U.S. law, is this sexual exploitation of a minor?
> Keep in mind, you need to look at federal law and state law as well.
> 
> Federal 'sexual exploitation' law seems to be concentrated on 'visual
> depiction', and from my cursory reading of statutes on 'sexual
> exploitation', you should be ok under that.
> 
> However, there are all sorts of state laws on 'minors allowed on premises
> of sexual performance', 'communicating with minor for immoral purposes',
> 'commercial sexual exploitation of a minor' which aren't as narrow as
> federal law.
> 
> Now, most important thing for you will be: 47 U.S.C. 223(b)(2):
> http://straylight.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000223----000-.html
> 
> Which makes illegal any obscene communication with a minor. So you are
> screwed.
> 
> > Question 2:  Is there criminal liability under U.S. law (i.e., do the
> > laws that criminalize sex tours apply)?
> Different laws, but they do 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?
> Keyword is 'knowingly'. By posting the above message, you are definitely
> doing this 'knowingly'.
> 
> > 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?
> Ask your lawyer. There are some laws which make illegal activity of which
> you 'known or should have known' - and under which you *can* be prosecuted
> for conspiracy or aiding and abetting if a *reasonable person* would have
> tried to find out what business is the customer in.
> 
> -alex
> 
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