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GERMANY PASSES WORLD'S FIRST CYBERSPACE LAW
graphic July 4, 1997
Web posted at: 4:10 p.m. EDT (2010 GMT)
BONN, Germany (AP) -- Germany on Friday became the first country to
pass a law regulating the free-wheeling global electronic space of
the Internet.
Chancellor Helmut Kohl's government says the so-called multimedia
law creates legal clarity that will help boost commercialization of
cyberspace and combats illegal uses of the Internet such as for
pornography.
Critics say the law is an example of Germany's urge to regulate and
may in fact deter investors in Internet services because it does not
state clearly to what extent the providers would be liable for
content they don't control.
The law gained final approval in the upper house of parliament, the
Bundesrat, an unusually swift six months after the government
proposed it. It takes effect August 1.
"We are entering uncharted territory," said Joerg Appelhans,
spokesman for Germany's research and technology ministry.
Controversially, the law says online providers can be prosecuted for
offering a venue for illegal content if they do so knowingly and it
is "technically possible and reasonable" to prevent it.
This could apply to forums and similar exchanges offered by online
services without direct control over their content.
However, "the liability provisions for providers are a big unknown,"
said Christopher Kuner, an Frankfurt attorney specializing in
cyberspace issues. "It leaves a lot of things open."
The American Chamber of Commerce in Germany says liability for
Internet services will have to be tested by court rulings, which
"may cause prudent investors to hesitate."
But research and technology minister Juergen Ruettgers said a law
was needed, partly to protect German children.
"That applies even to a network that knows no national borders," he
said. "The Internet is not outside the reach of the law."
Copyright 1997 The Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten, or
redistributed. rule
Related stories:
* Countries face cyber-control in their own ways - July 1, 1997
* Supreme Court strikes down Internet smut law - June 26, 1997
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