Live Net Porn Ban Awaits Jeb Bush's Signature

Sharon Merchant

TALAHASSEE, Fla. - If Gov. Jeb Bush signs it, a bill to ban transmitting live "lewd and lascivious behavior" on the Internet would become Florida law - and this bill is called the "less controversial" of two bills sponsored by North Palm Beach Republican lawmaker Sharon Merchant which take aim at children, porn, and the Web.

Florida law now bars "obscene" acts "in the presence of minors," but state lawmakers have argued that language doesn't exactly cover cyberspace. The bill going to Bush would cover online sending when the sender in question knows the intended recipient is under 18 years old.

Merchant and fellow lower House members passed the bill previously, with the state Senate approving it April 28. But Merchant has another bill in the loop which may have a harder time surviving the legislature - it would make it a crime for computer repair technicians and Internet service providers if they don't tell police any suspicions they may have about online sexual involvement between adults and children. That bill has sparked questions as to whether it will "force unqualified people to identify and define pornography or sexual activities," said the Ft. Lauderdale Sun-Sentinel. State Sen. Steve Geller has an alternate, a bill to encourage reports of suspected adult-child online sex activity and protect from litigation anyone making that kind of report. The difference is, Geller's bill won't make it a crime if there's a failure to report.

Geller himself told a news conference April 28 that the Merchant bill would die in the Senate if the mandatory reporting clause is included.