Re: FCC satute of limitations and censorship
- From: Deadrat <a@xxxxx>
- Date: Sun, 27 Jan 2008 21:04:20 GMT
richard <I.dont.care@xxxxxx> wrote in
news:qlipp39dkes2ashkivi7pnlb83g04s0lo5@xxxxxxx:
On Sun, 27 Jan 2008 17:45:46 GMT, Deadrat <a@xxxxx> wrote:
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.
Precisely. They had a 1 year window in which to begin proceedings.
And I believe they did. It took them this long to finish.
That window was open and shut. They can not legally initiate
proceedings once that window is shut. In their own words, it becomes
"stale".
Let's say you were witnessed by an officer of the law for committing
some minor infraction. He doesn't cite you for it then. But then 5
years later he does? That's why we have SOL's. After a certain amount
of time, it becomes stale and prosecuting the infraction would be
ludicrous.
This is entirely different. For some crimes, the state has some time to
file charges and for all crimes a limited time to try them.
.
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