From: "William H. Geiger III" <whgiii@invweb.net>
Date: Wed, 19 Nov 1997 09:14:04 +0800
To: Declan McCullagh <declan@well.com>
Subject: Re: Report on UN conference on Internet and racism
In-Reply-To: <v0300780db097ccdea2d8@[168.161.105.216]>
Message-ID: <199711190058.TAA12841@users.invweb.net>
MIME-Version: 1.0
Content-Type: text/plain



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Hi Dekan,

I think that there is plenty of case law of extending constutional
protections to non-citizens. One that comes to mind were the rulings
against California inwhich the courts ruled the they were obligated to
provide schooling and social services to illegal aliens (a really fucked
rulling IMNSHO but if some good can come out of it no sense not making use
of it).


In <v0300780db097ccdea2d8@[168.161.105.216]>, on 11/18/97 
   at 05:59 PM, Declan McCullagh <declan@well.com> said:

>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?



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William H. Geiger III  http://users.invweb.net/~whgiii
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