Re: FCC satute of limitations and censorship
- From: Deadrat <a@xxxxx>
- Date: Sun, 27 Jan 2008 17:45:46 GMT
richard <I.dont.care@xxxxxx> wrote in
news:36epp3hnu32ee1eqapkrjbvlou6237nrba@xxxxxxx:
BTW
http://www.techlawjournal.com/cong108/fcc_reauth/s1264is.asp
http://www.fcc.gov/Speeches/misc/statements/solomon051701.txt
Apparently, the FCC does have an SOL, which currently stands at 2
years.
Therefore, the FCC is in direct contradiction of it's own laws. So no,
they can't enforce laws upon ancient history. Then, they could not
impose the fines set forth under the new law.
No, the FCC has two years to decide whether to start proceedings. Once
they start, there's no statutory limit on how long their process takes.
That would be like you prosecuting a guy who was caught speeding 10
years ago, and in the mean time, the fines had been raised and now he
is forced to pay those fines. I believe this might come under
something like "Ex post facto"?
What you believe and what actually happens have a very small intersection.
That is, a law passed today, can not be used on acts that were legal
before the law was passed.
Of course. How is that applicable here?
The SOL has expired. The law can not be enforced.
It depends on whether the forfeiture proceedings had been instituted
withing the time specified.
.
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