Re: Report on UN conference on Internet and racism

[Jonathan Gaw <jonathan@gaw.net>]

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?

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Jonathan Gaw
The Star Tribune
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