ChatGPT summery"
The Interstate Obscenity Definition Act (IODA), introduced by Senator Mike Lee (R-UT) and Representative Mary Miller (R-IL), aims to redefine "obscenity" within the Communications Act of 1934, particularly concerning content transmitted via interstate or foreign communications.
Key Provisions of the IODA:
1. Redefinition of Obscenity: The bill proposes a new definition of "obscenity" that includes visual depictions which:
◦ Appeal to the prurient interest in nudity, sex, or excretion;
◦ Depict or describe actual or simulated sexual acts with the intent to arouse or gratify sexual desires; and
◦ Lack serious literary, artistic, political, or scientific value.
2. Removal of Intent Requirement: The bill seeks to eliminate the requirement that obscene content must be transmitted with the intent to abuse, threaten, or harass, thereby broadening the scope of what can be prosecuted under federal law.
Impact on Law Enforcement and Private Possession:
While the IODA focuses on the transmission of obscene material across state or national lines, it does not explicitly authorize law enforcement to conduct searches in private homes solely to find pornographic material on personal computers. However, by broadening the definition of obscenity and removing certain intent requirements, the bill could potentially lead to increased prosecutions related to the distribution or receipt of such material. It's important to note that, under current federal law, private possession of obscene material is generally not criminalized, but the distribution or receipt of such material can be.