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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.

26 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 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..

    3. 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.

    4. 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.

    5. 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.

    6. 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.
    7. 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.

    8. 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

    9. 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.

    10. 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

    11. 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.

    12. 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.

    13. 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.
    14. 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.
  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?

  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. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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
  9. 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.
  10. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion