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

[alex at pilosoft.com]

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