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Arise, you have nothing to lose but your barbed wire fences!

1997-11-18 - Re: Report on UN conference on Internet and racism

Header Data

From: Declan McCullagh <declan@well.com>
To: Peter Herngaard <pethern@inet.uni2.dk>
Message Hash: 1490829d721cb4173aa8e04fdaa29267d07f446e63b39d458b665ce923fd4aa7
Message ID: <v0300780db097ccdea2d8@[168.161.105.216]>
Reply To: <v03007808b097c592eba8@[168.161.105.216]>
UTC Datetime: 1997-11-18 23:11:12 UTC
Raw Date: Wed, 19 Nov 1997 07:11:12 +0800

Raw message

From: Declan McCullagh <declan@well.com>
Date: Wed, 19 Nov 1997 07:11:12 +0800
To: Peter Herngaard <pethern@inet.uni2.dk>
Subject: Re: Report on UN conference on Internet and racism
In-Reply-To: <v03007808b097c592eba8@[168.161.105.216]>
Message-ID: <v0300780db097ccdea2d8@[168.161.105.216]>
MIME-Version: 1.0
Content-Type: text/plain



My take on it is that overseas citizens have no Constitutional rights.
However ISPs in the U.S. have rights that U.S. laws recognize and protect.

If a U.S. law prevented an ISP from contracting to put a web site online,
it would be like a law that prevented a U.S. book company from publishing a
book penned by a German. Or the Netly News from publishing an article
written by our London correspondent. Such a law would be facially
unconstitutional.

Perhaps the analogy between an ISP and publisher is inexact, but that's the
type of analysis I'd pursue.

-Declan


At 23:33 +0100 11/18/97, Peter Herngaard wrote:
>Does the First Amendment prevent the Congress from passing
>a law that would make it illegal for anyone who is outside the United
>States to
>set up a web site in the U. S. in violation of a local speechcode?
>For example, a German nazi organization could establish a WWW site in
>California out of reach
>of German law.
>Would it be constitutional to make a law barring  foreign citizens from
>violating the speech
>codes of their home countries using a U. S. ISP?

Thread