From: Declan McCullagh <declan@vorlon.mit.edu>
Date: Wed, 19 Nov 1997 08:11:37 +0800
To: Jonathan Gaw <jonathan@gaw.net>
Subject: Re: Report on UN conference on Internet and racism
In-Reply-To: <25B74059.7925@gaw.net>
Message-ID: <Pine.LNX.3.95.971118185752.30992B-100000@vorlon.mit.edu>
MIME-Version: 1.0
Content-Type: text/plain



Why can't they have it both ways for this one particular point?

For instance, at netlynews.com, we have unmoderated bulletin board areas
and "talk about it" sections where we want our readers to be able to speak
freely -- no matter what country they're from. 

-Declan

On Fri, 19 Jan 1990, Jonathan Gaw wrote:

> I could imagine numerous scenarios where ISPs would prefer the telephone
> company analogy of being a passive carrier, as opposed to the publisher
> model. can they have it both ways?
> 
> Jonathan Gaw
> The Star Tribune
> 
> Declan McCullagh wrote:
> > 
> > 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?
> 
> ------------------------------------------------ 
> Jonathan Gaw
> The Star Tribune
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> jgaw@startribune.com (e-mail)
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