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he Justice Department Brief in support of the Communication Decency Act filed on January 21, 1997.

QUESTIONS PRESENTED

1. Whether the federal criminal prohibition against the use
of a "telecommunications device" to "knowingly make [], create[],
or solicit[], and * * * initiate[] the transmission of "any
material "which is * * * indecent, knowing that the recipient of
the communication is under 18 years of age," 47 U.S.C.
223(a)(1)(B), is unconstitutional on its face.

2. Whether the federal criminal prohibition against "knowingly"
using an "interactive computer service" to send to "a specific
person or persons under 18 years of age," any material "that, in
context, depicts or describes, in terms patently offensive as
measured by contemporary community standards, sexual or excretory
activities or organs," 47 U.S.C. 223(d)(1)(A), is
unconstitutional on its face.

3. Whether the federal criminal prohibition against "knowingly"
using an "interactive computer service" to "display in a manner
available to a person under 16 years of age, "any material "that,
in context, depicts or describes, in terms patently offensive as
measured by contemporary community standards, sexual or excretory
activities or organs," 47 U.S.C. 223(d)(1)(B) is unconstitutional
on its face.

4. Whether the federal criminal provisions that forbid a
person from knowingly permitting the use of a telecommunications
device under such person' s control to be used to violate any of
the three preceding prohibitions, 47 U.S.C. 223(a)(2) and (d)(2),
are unconstitutional on their face.

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