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Rhode Island Bill Would Impose Fee For Accessing Online Porn (providencejournal.com)

If a recently introduced bill passes the General Assembly this session, Rhode Island residents will have to pay a $20 fee to access sexually explicit content online. The bill, introduced by Sen. Frank Ciccone (D-Providence) and Sen. Hanna Gallo (D-Cranston), would require internet providers to digitally block "sexual content and patently offensive material." Consumers could then deactivate that block for a fee of $20. The Providence Journal reports: Each quarter the internet providers would give the money made from the deactivation fees to the state's general treasurer, who would forward the money to the attorney general to fund the operations of the Council on Human Trafficking, according to the bill's language. If online distributors of sexual content do not comply with the filter, the attorney general or a consumer could file a civil suit of up to $500 for each piece of content reported, but not blocked, according to the bill.

56 of 503 comments (clear)

  1. ludicrously and patently unconstitutional by Anonymous Coward · · Score: 5, Insightful

    ludicrously and patently unconstitutional

    1. Re: ludicrously and patently unconstitutional by Anonymous Coward · · Score: 5, Insightful

      Children can't consent to being in pornography. So no.

    2. Re:ludicrously and patently unconstitutional by alvinrod · · Score: 2, Insightful

      I hate to say it, but why should you expect a party that has no respect for the second amendment to care about any of the others? Whether you like guns or not is irrelevant when in trying to undo them you erode the very basis for preventing other forms of government tyranny.

      And before people start with the whataboutism and Republicans, I don't see them as terribly much better as neither party seems to give a fuck about the 4th amendment as of late and both have been quite happy to overstep the 10th for a long time now.

    3. Re:ludicrously and patently unconstitutional by Anonymous Coward · · Score: 2, Interesting

      Oh great so the secret Service, FBI, CIA, SWAT, PD, ATF aren't allowed to own guns now? Hint none of them are "government controlled militia". This should be fun to watch!

    4. Re: ludicrously and patently unconstitutional by glenebob · · Score: 3, Insightful

      I don't think you know how to read. The amendment says "the people", not "the militia".

      And strictly speaking, restricting missile launchers and grenades is unconstitutional. It's just really hard to find many people who think those restrictions aren't reasonable..

    5. Re: ludicrously and patently unconstitutional by Anonymous Coward · · Score: 2, Insightful

      Move to Venezuela then I hear itâ(TM)s a liberal paradise.

    6. Re:ludicrously and patently unconstitutional by ShanghaiBill · · Score: 4, Insightful

      oh, you think the constitution actually is relevant to laws passed in the US?

      Yes. It is unlikely this bill will ever go before the full legislature for a vote. If it does, it will almost certainly be voted down. If it passes, it will be immediately challenged in court and struck down as unconstitutional.

      This bill has zero chance of being enacted and enforced.

    7. Re: ludicrously and patently unconstitutional by sexconker · · Score: 3, Informative

      The second amendment does not represent an individual right, but a collective right for members of a well-regulated militia.

      Otherwise, out would be unconstitutional to have limits on other arms like missile launchers and grenades.

      Uh, the constitution set up the federal government and its powers, and anything not mentioned is reserved for the states or the people.
      Shit got hairy quickly, so we slapped on 10 new items that explicitly call out some bullshit. #2 explicitly states that people have the right to keep and use weapons.

      And yes, strictly speaking, preventing someone from owning a missile launcher is unconstitutional. If you disagree, change the constitution.

    8. Re:ludicrously and patently unconstitutional by Anonymous Coward · · Score: 4, Insightful

      "quaint idea that guns can protect you from tyranny."

      Guns are the ONLY protection from tyranny != guns are a protection from tyranny.

      Pro tip: whenever ANY tyrannical régime is enforced, it is done so with the aid of weapons/guns.

      Pro tip #2: whenever freedom is defended against a tyrant, it is done so with weapons/guns (even democratically created laws are enforced by guns).

      This is because tyrants do not respect democracy, morality, general opinion, etc.. They respect the rule of force. This does not mean you cannot effect tyranny without personally using firearms. Martin Luther King Jr is an example of this (maybe not the best). He didn't personally use guns. However all the progressive laws passed because of his ideals have to be enforced by someone with a gun.

      Bottom line: responsable gun owners want the ability to defend against tyranny themselves rather than rely on others who may be influenced by that very tyranny.

    9. Re:ludicrously and patently unconstitutional by zugmeister · · Score: 2

      Avocados > grapes

    10. Re:ludicrously and patently unconstitutional by The+Grim+Reefer · · Score: 2

      Children's lives > your cars.

      Hell, while we're at it, what about everyone's lives? Heart disease, diabetes, etc are the leading causes of death in the US. We should ban all unhealthy foods and lifestyles.

    11. Re:ludicrously and patently unconstitutional by jwhyche · · Score: 5, Funny

      This will go over like a turd in the punchbowl. An if you live in Rhode Island it will only cost you $20 to see that.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    12. Re:ludicrously and patently unconstitutional by The+Grim+Reefer · · Score: 5, Informative

      Other countries like Venezuela, and Australia removed guns from the plebes... and mysteriously the mass shootings stopped. Gee whiz.

      Strange, it looks like the number of homicides rose steadily after the gun ban in Venezuela.

      Oh look, Maduro is giving guns to his supporters

      Here's an example of responsible government gun usage

      And another

      It's a good thing that they have a ban in Venezuela, it keeps candidates in elections from getting shot

      The Gun ban is working so well with petty crime too.

    13. Re: ludicrously and patently unconstitutional by jpaine619 · · Score: 3, Insightful

      You don't know what "well regulated" and "militia" mean in regards to the framer's intent. It's NOT what you think. I'm really getting tired of explaining this to you leftist morons.

      The framers DID NOT WANT A GOVERNMENT RUN MILITIA. They were terrified of standing armies and they did not trust the government. They did not even trust the one they had just created as evidenced by the Bill of Rights - which DOES NOT GRANT YOU FREEDOMS. The Bill of Rights PROHIBITS THE GOVERNMENT FROM INFRINGING THEM.

      It was the GOVERNMENT that was put on notice. YOU MAY NOT DO THIS, YOU MAY NOT DO THAT.

      Most of the freedoms in the Bill of Rights were considered Self Evident. Most people naturally know they have a right to self-defense, to the preservation of their own existence. It's why we have a self-preservation INSTINCT. It was a uniquely American situation when these right was CODIFIED INTO SUPREME LAW.

      GUNS ARE PROTECTION FROM THE GOVERNMENT. You need not take my word for it. You can read the Federalist Papers, which are the notes and thoughts of the framers during the time of the Constitution. It explains what they were thinking, what the intent was, what the grand plan was. We don't have to guess.

      As you liberal twats love to point out, yeah... In this day and age a rifle isn't a whole lot of help against a drone, but it is better than nothing

      By the way, cunts, it's really disheartening that so many of you think that rifles would not be of any help against the government. Your very words and actions imply that you think the entire military would participate in the slaughter of citizens. Some would. Some people just love taking orders and using it to justify evil deeds. But some, certainly, would NOT. So, it wouldn't ONLY be the government with tanks and planes and C-4. There'd be plenty of that on the side of the resistance, should things ever escalate that far..

      I hope things never do go that far, but I WILL NOT BE AN UNARMED VICTIM..... EVER

    14. Re: ludicrously and patently unconstitutional by jpaine619 · · Score: 2, Informative

      It always has been an individual right. The Federalist Papers make that quite clear. it's the Supreme Court that has fucked up on the interpretation time and time again. There's a reason why Jefferson thought we'd have to have a revolution frequently. Governments always devolve into corruption. ALWAYS

    15. Re:ludicrously and patently unconstitutional by mattb47 · · Score: 2

      Venezuela is slouching into becoming a failed and bankrupt state. It's the murder capital of the Western Hemisphere. It's a complete shithole.

      Australia did a gun buy back. Maybe 15-20% of the gun owners complied. Unless you're willing to kick doors down and massively violate civil rights, then the plebes will still have guns. Just quietly.

      Venezuela, as a basically Communist country, would have no problem with those civil rights violations. Murder and terror through government-supported gangs are part of official policy. Courts are tools of the state. Civil rights basically don't exist. So they *could* pull it off, unlike Australia.

    16. Re:ludicrously and patently unconstitutional by Anonymous Coward · · Score: 3, Informative

      But leave it up to Democrats to try to impose a nanny state upon those who elected them.

    17. Re: ludicrously and patently unconstitutional by ShanghaiBill · · Score: 2

      Leaving out the missile launcher (and tanks, artillery, land mines, bomber aircraft, etc.), ...

      I once visited a ranch in Nevada that had a privately owned tank and several howitzers. AFAIK, there is no law against that. Why would there be? Private tanks and artillery caused zero deaths last year, so a ban would be silly.

    18. Re: ludicrously and patently unconstitutional by jpaine619 · · Score: 4, Informative

      Bullshit. Read the goddamn federalist papers. The 1st Amendment is protection FROM THE GOVERNMENT.

      "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms." - Thomas Jefferson, letter to James Madison, December 20, 1787

      That letter isn't from the revolution. It's during the drafting of the constitution. He's not referring to Great Britain. He is talking about the government that is being created.

      You are partially correct when you say the militia was there to help. This is supported by the fact that the states were also given the power to levy war if there was no time to wait on the federal government. BUT, the founding fathers intended that gun ownership NEVER be infringed by the Federal Government. That's why it is in the Bill of Rights. All 10 amendments deal directly with YOUR rights and prohibiting the Federal Government from fucking with them.

      Article 9 makes that abundantly clear The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Repeat this to yourself until you get it: "All 10 of the Bill of Rights inform the Federal Government that it may not do SOMETHING or MANY THINGS. Not a single power is GIVEN to the Feds in the articles. Every bit of text is a prohibition on the government."

      But, assuming you believe nothing I have written. We'll take it from the guy that wrong the fucking thing in the first place.....

      "I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." George Mason Co-author of the Second Amendment during Virginia's Convention to Ratify the Constitution, 1788

    19. Re:ludicrously and patently unconstitutional by No+Longer+an+AC · · Score: 5, Informative

      Even if the 2nd were interpreted to only apply to well regulated militias that would not mean nobody else would be allowed to own a gun.

      The Bill of Rights isn't a short list of what we are allowed to do. They are specific limitations on what the government cannot do.

      That's why there are phrases like "shall make no law", "shall not be infringed", "shall not be violated" sprinkled throughout.

    20. Re:ludicrously and patently unconstitutional by SEE · · Score: 2, Informative

      Looking at the actual text of the law rather than the Providence Journal's story, actually, not "ludicrously and patently" unconstitutional.

      It is, of course, ordinarily unconstitutional under First Amendment case law to regulate (including by differential licensing or taxation) based on content.

      But this bill explicitly references RI Â 11-31-1 to define the content being regulated, and that is the bit of Rhode Island law that outlaws obscenity (not merely sexually-explicit material), in the same words that Supreme Court precedent holds obscenity to be unprotected by the First Amendment.

      So, this law, as written, seems to only restrict access to such online content that, under the existing laws of the United States and the State of Rhode Island, would currently be illegal for someone in Rhode Island to possess on, say, DVD.

      There's still potential "chilling effect" and "as applied" challenges to be made, of course, but whoever drafted this had a solid understanding of what would at least facially stand up in court.

    21. Re: ludicrously and patently unconstitutional by PinkyGigglebrain · · Score: 3, Insightful

      Every other right in the Bill of Rights is an individual's right, yet by some strange magic that always neatly falls under ideological lines, the 2nd somehow becomes a group right by mention of a militia.

      Lets try parsing the 2nd a bit shall we?

      "A well regulated Militia, being necessary to the security of a free State," Subordinate, participial clause. Absolutely meaningless without-

      the right of the people to keep and bear Arms shall not be infringed Main clause. Very clear, very direct, very not open to interpretation.

      Or how about putting the 2nd into a less emotionally charged context?

      A well balanced breakfast, being necessary to the health of the nation, the right of the people to keep and eat cereal, shall not be infringed.

      So, who has the right to eat cereal: a well-balanced breakfast, or the people?

      Most of the preceding text is not mine but from comments made by other posters on various forums over the years.


      My view:

      It always amazes me that the people who scream that we should just ignore the 2nd amendment are the very same people who would be screaming about their right to free speech, or their right to not have their homes searched without a warrant, or their right not be held without trial being ignored by anyone else.

      You don't like the 2nd, fine, the 1st protects your right to express your opinion. But if you want to overturn the 2nd then you need to push for a 28th Amendment that just states "The 2nd amendment no longer applies." That is all it would have to say. And when that happens I will give up the .22 rifle my father gave me when I turned 15, as his father had given it to him, and I will turn in the shotgun my wife used to protect herself and our family from an intruder.

      But until that happens you don't get to pick and choose what parts of the Constitution you get to follow anymore than any other person can. I will continue to seek to uphold and defend the Constitution, as a whole, against all threats foreign and domestic. Even if it means wasting time dealing with people like you.

    22. Re: ludicrously and patently unconstitutional by dwillden · · Score: 3, Informative

      You mean the originalists who were clearly intending that the right be reserved to the people? The originalists who clearly stated repeatedly in the Federalist Papers and their own personal writings that disarming the people is not acceptable?

      No, they did not throw the orgininalist view of the Constitution and the Bill of Rights out the window, rather they stuck very closely to the original intent of the founding fathers.

      --
      I'm too lazy to compose a creative sig.
    23. Re:ludicrously and patently unconstitutional by dwillden · · Score: 4, Insightful

      Never helped those in slavery? Well ignoring that the Union forces were not a Standing army but rather Militia units formed throughout the many states and forwarded to Federal service. The Standing military at that time was little more than a shell of Officers around which the mobilized militias could be formed into a structured military. The Confederate Army was basically the same structure.

      Then there are those who used arms to defend escaping slaves from slave hunters. And to protect those on the Underground railroad. There was John Brown's failed raid. There was the use of arms in bloody Kansas before the war fighting to keep slavery out (and on the other side fighting to bring it in). Gun control in this country was started by southern Democrats to keep freedmen from trying to force the release of the slaves and after the Civil war to keep the black man subservient to the whites. (in fact the NRA was founded to help defend the rights of black Americans to keep arms for defense against the likes of the democrat created KKK.

      Then there was the battle of Athens after WWII, when citizens did in deed fight a corrupt loal government off to defend the free election.

      In more recent times, while I disagreed with their cause, it can be argued that the Bundy stand-off in Nevada was just such an action. The cattle in question are still grazing on those lands today, and all those who refused to accept a plea deal have been acquitted of all charges.

      No our history isn't always pretty, earlier on we were far more selective over who we allowed the rights we supposedly claimed belonged to all men. But your claim of never using them to defend against tyranny is false.

      --
      I'm too lazy to compose a creative sig.
    24. Re: ludicrously and patently unconstitutional by SharpFang · · Score: 2

      Well, depends, and sometimes requires some mental gymnastics.

      If a 12yo takes nude selfies and posts them on the net without her parents knowing... since she didn't consent, and did it of her own volition (say, "wanting to be cool like the porn stars"), but she can't consent, did the porn generate itself? Or did she produce pornography - able to consent to being the creator but not to being the subject? Or is it "involuntary production of porn", akin to the distinction between manslaughter and murder?

      Oh, you can argue, sure, but whatever argument you come up with, heavy mental gymnastics is involved.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    25. Re: ludicrously and patently unconstitutional by erapert · · Score: 2

      A "well regulated" militia is one that is fit, disciplined, capable of marching together, obeying orders from their officers, and fighting effectively.

      Such things were rather on the mind at the time because the discipline, equipment, and training of the British regulars made them formidable opponents compared to the farmers and hunters that made up the American army.

      The term "regulation" here has more to do with rules and discipline than with restraint, curtailing, or limiting.

    26. Re: ludicrously and patently unconstitutional by Rakarra · · Score: 2

      You mean the originalists who were clearly intending that the right be reserved to the people?

      People, collective via regulated militias.

      Both the originalists and the courts over time have ruled that the Second Amendment did not mean things like the national guard. The United States was founded on the notion that the entire private citizenry was the country's defense force. We've moved a bit beyond that now, so it might be time for an amendment.

      Fuck the federalist papers. It's one set of opinions from one set of elitist proto-wingnuts, nothing more, nothing less. They aren't words handed down by Alan Rickman from god herself.

      That's fine, but those are the men who crafted our system of government. If you want to know what they meant, it's a good resource. You don't have to agree with their conclusions, but the solution is to change our laws, not ignore them.

    27. Re:ludicrously and patently unconstitutional by Rakarra · · Score: 2

      Venezuela is an authoritarian government.

      You are correct, like all Communist countries, Venezuela is has an authoritarian government. Obviously, authoritarianism doesn't require Communism, but Communist countries have authoritarian governments.

  2. The RI lawmakers are Idiots. by Tinsoldier314 · · Score: 4, Informative

    The RI lawmakers are Idiots.

    1. Re:The RI lawmakers are Idiots. by RightwingNutjob · · Score: 3, Funny

      Why always "Ivan?" Why not a "Vlad" or a "Dmitri" for a change?

    2. Re:The RI lawmakers are Idiots. by RazorSharp · · Score: 2

      Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.

      - Mark Twain

      All Congresses and Parliaments have a kindly feeling for idiots, and a compassion for them, on account of personal experience and heredity.

      - Mark Twain

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    3. Re:The RI lawmakers are Idiots. by another_twilight · · Score: 2

      Eventually that model runs out of other peoples' money - like in Venezuela.

      Venezuala has had significant social and economic problems since the 80s. The introduction of social policies in an attempt to rectify some of these failed. That says nothing about social policies in general, or how they are applied in dozens of different societies and economies.

      This Democrats=socialists and social policies=bad is the sort of simplistic 'us and them' mentality that allows political parties in the US to ignore the wants and needs of the majority of the population. It doesn't matter how bad the party gets, they know that most of their members will still vote the party line rather than voting for the hated 'other'.

      This is a bad law for a lot of reasons. It was proposed by a Democrat. So long as you keep the argument about them being a Democrat, then blue voters are going to continue to vote for them. Maybe if you stopped trying to score cheap points and started pointing out the problems with the policy, people might feel more inclined to vote _on_policy_ and not party lines.

      TL:DR You are part of the problem.

  3. This should work well by another_twilight · · Score: 3, Insightful

    And like the Australian blacklist, 'somehow' content that has nothing to do with that listed on the bill will end up blocked. Like rival businesses. Or political opponents.

    Or is the list of banned content going to be made available for public ... scrutiny? Ahem.

    I'll be fascinated to see how they expect this to be implemented.

  4. Re:Question! by Wulf2k · · Score: 2

    Not their problem.

    It doesn't have to work, it's just that "something must be done", and this is "something", therefore it must be done.

  5. Legal and hypocritical by magzteel · · Score: 4, Insightful

    Legal because I have no doubt they can create a tax or fee on anything they want to.

    Hypocritical because Rhode Island claims to also be in favor of "Net Neutrality"
    http://www.providencejournal.c...

    1. Re:Legal and hypocritical by erice · · Score: 4, Informative

      Negative on both counts.

      It isn't legal because it runs afoul of the Interstate Commerce Clause. Internet regulation is a federal concern. States do not have authority.

      It isn't hypocritical because Net Neutrality says nothing about content type. It is about content providers. It says you can't treat one porn provider differently from another porn provider. Blocking all porn providers is entirely consistent with the principle of Net Neutrality.

  6. Hypocrites by markdavis · · Score: 2

    "Rhode Island just joined the list of the states with net neutrality legislation"

    https://www.fastcompany.com/40...

    Ah, so those are the same people who now want the government to "filter" and "restrict" the Internet unless you pay more for certain parts of it. Doesn't sound very neutral. Doesn't sound like freedom. Doesn't sound like keeping ISP's from interfering with accessing of information.

    That is completely independent of the total impossibility of an ISP being able to figure out how and which sites serve "porn" and exactly what constitutes "porn" and what happens when things are misfiltered.

    Rhode Island- you must really like just PARTS of the Bill of Rights. But which parts? We know you dislike the 2nd Amendment, but I guess the 1st Amendment is now not to your liking, either? Which of the remaining 10 is next? Maybe the 4th?

  7. The "Council on Human Trafficking" by Kernel+Kurtz · · Score: 2

    might indeed have worthwhile goals, but they demean their name and their cause by being associated with a shakedown operation.

  8. Re:Violation by mysidia · · Score: 2

    Isn't this a violation of both net neutrality AND 1st amendment.

    YES. The concept is absolutely unconstitutional, and a violation of both.

    State governments can tax on paid content for sale in their state through sales tax, but cannot charge a tax discriminating based on subject matter of the speech.

    "Filtering" or "Blocking" any message using technological filters would also be a prior restraint on free speech.

    This is what you call a poorly-conceived, UNLAWFUL, and Unenforceable bill.

  9. Re:Violation by DRJlaw · · Score: 2

    Isn't this a violation of both net neutrality AND 1st amendment.

    Yes, but not for the reason that you think - this has very little to do with people commenting on porno, and everything to do with a content-discriminatory tax on pornography.

    You can try to dress it up any way that you like, but content-based taxes are unconstitutional. This way, > that way, and especially when adding mandatory filters.

    But it's not as if politicians have sworn to uphold the constitution or anything...

  10. Re:Impossible to enforce. by ArtemaOne · · Score: 2

    A VPN that is connecting through some other state, or some other country would easily defeat this.

  11. Angry consumers in 3...2...1... by Tablizer · · Score: 3, Funny

    Porn is almost half the Web. Putting a fee on it is almost like having a hamburger fee at Burger King.

  12. Re:Well now! by postbigbang · · Score: 2

    This isn't about censorship, this is about getting votes-- nothing more or less. It has no chance of becoming law. It's laudable to attempt to stop human trafficking, but porn sites aren't necessarily the source of human trafficking, just as correlation != causation.

    Nothing to see here, just more politician flatulence.

    --
    ---- Teach Peace. It's Cheaper Than War.
  13. Democrats have been doing this shit for years. by Anonymous Coward · · Score: 2, Interesting

    While this is an egregious example both of why the R's are 'on paper' against taxes, there have been similiarly stupid shit by D's in other places, the most hilarious being California, like that one Representative, Asian-American, in the Bay Area who was pro gun control... because he was helping with illegal gun trafficking in the region...

    There are also Boxer, Pelosi, Feinstein and co with their pro-surveillance security theatre while also being pro-privacy for themselves (I don't remember the specifics but someone flew a drone over Feinstein's house with a video camera on it? Irony much?)

    At this point in time people really need to purge the partisanship and then purge the partisan politicians. If America is to survive it needs its people focusing on the issues we CAN agree on and getting legislation on them enacted, then revisit the hot button issues once we have other parts of our house in order. And for fucks sake, both former sides need to stop dicking around on pressing issues and trying to use them to push those non-pressing issues through. Save those and debate on them for when you have nothing better to do with your time!

  14. priorities by e**(i+pi)-1 · · Score: 2

    There are crumbling infrastructures, climate change issues, serious challenges with globalisation and wealth inequality, health care systems in peril, an opioid crisis, unaffordable higher education, a fragile financial system, serious deficits, nations all over the world at the brink of bankruptcy or devastated by war and these morons have nothing better to propose as a bill which is not only unnecessary but also technically impossible to realize.

  15. Re:Question! by green1 · · Score: 2

    Headquarters are irrelevant, they're only asking for them to implement things at the local level. This is not different than the multitude of other local laws that these organizations must follow, or do you not think that the ISP has to get local permits to dig up the local streets, or local registration for their vehicles based in a certain state, or pay local taxes on their office buildings, and collect local sales taxes on their products?

    This is just one more local law they have to implement in one place.

    Local lines go to local offices, and can be filtered there (no technical limitation why not, sure it would cost money, but the whole scheme would anyway)

    As for interstate commerce law, sure, it may be invoked, but it won't be based on the filtering needing to be done out of state, but rather on the idea that a legal service being sold in one state is being blocked from entering a different state.

  16. Re:Question! by rogoshen1 · · Score: 5, Insightful

    And if you point out how absurd their idea is; you're against 'doing something', and supporting human trafficking + child porn.

    It really is a genius rhetorical device that works surprisingly well.

  17. Re:Impossible to enforce. by allquixotic · · Score: 4, Informative

    Good luck proving in court that "because his packets were this size, he *must* have been viewing porn". If that's so accurate, VPNs would be worthless in repressive states like China and Iran (and apparently Rhode Island now, too, lol) because they could just *tell* that you're visiting a site they don't like, and shut you down.

    But VPNs are still very effective in many countries if your endpoint isn't a "known" VPN operator. The other option is for the ISP operator to maintain a strict whitelist of which IPs/websites are reachable from their network; a few countries have begun to think that this is the only true way forward, because if you default to routing any traffic, it's still trivially easy to bypass just about any filtering or deep scanning attempts using standard crypto like TLS.

    Sure, you can probably inspect the timing and bandwidth utilization of an encrypted connection to distinguish between streaming video, working in an online office suite, uploading a video to a streaming service, or viewing a restaurant's menu, with high accuracy of being able to at least rule out one or more of those categories. But being able to tell which actual *website* is being visited, or what content is being consumed? That seems very unrealistic to me. The degree of confidence you'd have in your assertions would be, at best, around 50% or so, and almost always much lower than that. This sort of "suspicion-based reasoning" wouldn't fly in most courts in countries that uphold basic human rights.

    Oh, and any timing based traffic analysis deductions can be easily defeated client-side by inserting random, non-deterministic jitter into all outbound packets. Since the server endpoint's send rate is also dependent on your client's responses (TCP ACKs), you can effectively control the delay in your server endpoint's responses by introducing small amounts of random latency into your own client's ACKs. Then you can further muddy the waters by having the endpoint pollute the encrypted tunnel with nonsense data. The most accurate conclusion that could be claimed with a high degree of certainty thereafter would be "They seem to be using a lot of throughput for some reason".

    Indeed, any justice system that would allow such leaps in logic based on packet size and timing analysis (while having no idea of what the actual contents of the datastream contained) is not a justice system I'd want to be subjected to. That's getting dangerously close to guilty until proven innocent.

  18. Re:Impossible to enforce. by ArtemaOne · · Score: 2

    If the VPN is not based in the USA, then it doesn't matter that an overreaching state fee exists.

  19. What if the porngirl is 16 but it's before curfew? by argStyopa · · Score: 5, Interesting

    Pretty sure Rhode Island still has that law that it's ok for a stripper to be as young as 16...as long as she's home before curfew.

    Yep, there it is : http://abcnews.go.com/Business...

    Ah, America.

    --
    -Styopa
  20. Rhode Island Red by ChunderDownunder · · Score: 2

    C'mon, it's in the name.

  21. Sex = Guns? by ukoda · · Score: 2

    Yep, typical USA story, starts taking about sex and is changed to discussion about guns. No surprise really, same with USA movies. If a movies is not made in the USA then when a pretty girl gets topless the next scene is usually her making love but if the film is made in the USA the odds are pretty high that she is murdered violently in the next scene.

  22. Re:There were only muzzle loading gun at that time by dwillden · · Score: 4, Insightful

    There were several multi-shot weapons in existence at the time the Constitution was being drafted. (Puckle gun, Giridoni Air Rifle and others) But by that same logic the 1st Amendment only applies to speech expressed verbally in person, via hand written or hand cranked press printed documents. Surely the founding fathers could never have imagined being able to post a Message or opinion in a way that could be instantly seen across the nation and even around the world.

    By your logic the freedom of speech does not apply to any of our modern communication methods. No phones, no computers, no Radio, no TV or interweb. Not even multi-color high speed presses capable of producing thousands of newspapers an hour.

    If the 2nd only applies to muzzle loaders, then the 1st and 4th are equally limited to protecting our rights via the technology of the 1780's.

    --
    I'm too lazy to compose a creative sig.
  23. Comment removed by account_deleted · · Score: 4, Insightful

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  24. Refer to 10 U.S. Code  246 by DarthStrydre · · Score: 2

    10 U.S. Code § 246 - Militia: composition and classes
    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

  25. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion