not to mention that the TBD requirements have to be approved and voted on by congress to become law.
that said, there is also some text that changes specific wording in other existing laws that may have an impact on future court cases, e.g.: “(2) CIVIL REMEDY FOR CERTAIN ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS.—Conduct by a provider of an interactive computer service (as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230)) that would violate section 2252 or section 2252A if that section were applied by substituting ‘recklessly’ for ‘knowingly’ each place that term appears shall be considered a violation of section 2252 or section 2252A for purposes of paragraph (1) of this subsection.”.
We could be charitable about what 'recklessly' means, but given the tendency of pre-digital judges to misunderstand technology - I can understand why there is a pushback against this kind of language.
"What do you mean you don't keep a history of your clients' internet activity? I would construe that as reckless behavior."
that said, there is also some text that changes specific wording in other existing laws that may have an impact on future court cases, e.g.: “(2) CIVIL REMEDY FOR CERTAIN ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS.—Conduct by a provider of an interactive computer service (as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230)) that would violate section 2252 or section 2252A if that section were applied by substituting ‘recklessly’ for ‘knowingly’ each place that term appears shall be considered a violation of section 2252 or section 2252A for purposes of paragraph (1) of this subsection.”.
We could be charitable about what 'recklessly' means, but given the tendency of pre-digital judges to misunderstand technology - I can understand why there is a pushback against this kind of language.
"What do you mean you don't keep a history of your clients' internet activity? I would construe that as reckless behavior."