From: Peter Herngaard <pethern@inet.uni2.dk>
To: Declan McCullagh <declan@well.com>
Message Hash: f8287ae9a9f40637530166f35b5ac6592f44f9818ca085ebe72496606aa5bb4f
Message ID: <Pine.3.89.9711190431.A11416-0100000@inet.uni2.dk>
Reply To: <v03007802b09803dce3d1@[168.161.105.216]>
UTC Datetime: 1997-11-19 03:29:57 UTC
Raw Date: Wed, 19 Nov 1997 11:29:57 +0800
From: Peter Herngaard <pethern@inet.uni2.dk>
Date: Wed, 19 Nov 1997 11:29:57 +0800
To: Declan McCullagh <declan@well.com>
Subject: Re: Report on UN conference on Internet and racism
In-Reply-To: <v03007802b09803dce3d1@[168.161.105.216]>
Message-ID: <Pine.3.89.9711190431.A11416-0100000@inet.uni2.dk>
MIME-Version: 1.0
Content-Type: text/plain
On Tue, 18 Nov 1997, Declan McCullagh wrote:
> Sorry. I was unclear. I was comparing U.S. citizens with citizens of
> another country who are living in that country.
>
> If a U.S. citizen living in the U.S. is running an ISP, I would argue from
> principle that he has a right to distribute writings (I like Jeanne's
> bookstore analogy) penned by citizens of another country.
But would the goverment under existing law have a right to force
the publisher to disclose the real identity of the one who wrote the
inflamatory message to a foreign goverment?
Does the application of bilateral treaties the United States has with
other countries require dual criminality i.e. child pornography, piracy,
fraud etc?
Most speech that would be considered hate speech in Europe would not
meet the prerequirement of dual criminality.
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