home *** CD-ROM | disk | FTP | other *** search
-
- -= H A C K E R S =-
-
- Issue #8, File #3 of 9
-
- Checks and Balances
-
- Courtesy of Voters Telecommunications Watch
-
- ===========================================================================
- VTW BillWatch #62
-
- VTW BillWatch: A newsletter tracking US Federal legislation
- affecting civil liberties. BillWatch is published about every
- week as long as Congress is in session. (Congress is out of session)
-
- BillWatch is produced and published by the
- Voters Telecommunications Watch (vtw@vtw.org)
-
- Issue #62, Date: Tue Oct 22 02:32:41 EDT 1996
-
- Do not remove this banner. See distribution instructions at the end.
- ___________________________________________________________________________
- TABLE OF CONTENTS
- New feature at VTW: CaseWatch
- About VTW Center's CaseWatch
- Subscription Information and donation policy (unchanged 2/18/96)
- ___________________________________________________________________________
- INTRODUCTION BY SHABBIR J. SAFDAR
-
- I'm still not quite sure how we've done this, but I'm proud to say that
- we still don't have any money and we're about to announce a brand new
- Web publication. Today, our nonprofit organization, the VTW Center
- for Internet Education, unveils a new publication dedicated to following
- important legal disputes that affect the net.
-
- Our new publication, CaseWatch (http://www.vtwctr.org/casewatch/),
- focuses on the evolving common law of the Internet. Small, often
- private disputes between individuals and organizations are today
- creating the common law of the Internet, in at least as much as they
- are a sign of society's continuing discourse on how to integrate the
- Internet into our lives. The disputes we cover in CaseWatch today may
- continue to be obscure, but more than likely, we'll look back at them
- many years from now with the benefit of perspective and see their
- importance.
-
- CaseWatch isn't for the faint of heart. It assumes a knowledge of both
- Internet technology and a not insignificant legal background. However
- it should still be accessible to most everyone reading this list, as you
- are already better educated on these issues than most of the public.
-
- CaseWatch is researched and produced by Diana Jarvis (daj@vtw.org). Diana
- graduated from Harvard in 1986, and Yale Law School in 1992. She clerked for
- Justice Robert W. Sweet, a Federal District Judge in the southern district
- of New York. She has been with VTW since 1994 and is currently VTW Center's
- Staff Counsel.
-
- Please take a moment and visit CaseWatch at VTW Center's new home page
- at http://www.vtwctr.org Most of all, take a moment to send a note of
- congratulations to Diana for her first VTW publication, as well as starting
- work as VTW Center's first full time staff member. She can be reached
- at daj@vtw.org.
-
- Here is this month's CaseWatch synopsis:
-
-
- What community standards should determine the obscenity of images
- loaded onto a Californian BBS and downloaded into Tennessee? We still
- don't know, thanks to the fact that Robert Thomas' habit of collecting
- addresses from all his customers enabled the Sixth Circuit to decide that
- the mere presence of a computer BBS did not make his operation any different
- from the traditional pornographer who sends magazines or videotapes
- through the mail. The Supreme Court apparently agrees, having denied
- certioriari on October 7th.
-
-
- Don't forget!
- On Sunday November 3, 1996 will be the seminar on the New York State
- Internet Censorship legislation. Be a part of it by showing up, or show
- up online through RealAudio and participate in the trivia contest to win
- valuable prizes (including VTW tshirts!). For more information on the
- seminar, see http://www.vtw.org/speech/
-
- ___________________________________________________________________________
- ABOUT CASEWATCH
-
- [The following information is taken from http://www.vtwctr.org/casewatch/about/]
-
- The legislation tracked by VTW is not the only law in cyberspace. As
- the Internet becomes more prevalent, it will inevitably become the
- subject of disputes, some of which will be settled in court. Because
- the law laid down by judges in their opinions resolving these disputes
- -- the common law -- is just as much law as legislation passed by
- Congress, CaseWatch will try to track court opinions on issues
- affecting the online community much as BillWatch tracks legislation.
-
- Chicago Law School professor Lawrence Lessig has argued for a chance to
- allow the common law of cyberspace to developed unhindered by
- unnecessary and premature legislation:
-
- "[W]hat the system of cyberspace regulation will need is a way to pace
- any process of regulation -- a way to let the experience catch up with
- the technology .... This is the practice of the common law. [It] is
- democratic not because many people get to vote together on what the law
- should mean, but because many people get to say what the common law
- should mean, each ofter the other, in a temporally spaced dialogue of
- cases and jurisdiction. Unlike other lawmaking, what defines the
- process of the common law is small change, upon which much large change
- gets built; small understandings with which new understandings get
- made. What counsels it here is the way this process will function to
- create in an as yet uninhabited, unconstructed, world.
-
- What will be new are the communities that this space will allow, the
- constructive ... possibilities that these communities will bring.
- People meet, and talk, and live in cyberspace in ways not possible in
- real space. They build and define themselves in cyberspace in ways not
- possible in real space. And before they get cut apart by regulation, we
- should know something about their form, and more about their
- potential."
-
- The Path of Cyberlaw, 104 Yale L.J. 1743, 1743-46 (1995).
-
- Every new issue of Casewatch will try to bring you a new, usually quite
- recent case that will reflect the development of Lessig's common law of
- cyberspace and highlight the ways in which the Internet is quickly
- being drawn into our legal lexicon.
-
- ___________________________________________________________________________
- SUBSCRIPTION INFORMATION AND DONATION POLICY
-
- We do not accept unsolicited donations at this time.
- If you want to help, for heaven's sakes, register
- to vote at http://netvote96.mci.com/register.html.
-
- You can receive BillWatch via email or WWW:
-
- To subscribe via email, send mail to majordomo@vtw.org with
- "subscribe vtw-announce" in the body of the message. To
- unsubscribe from BillWatch send mail to majordomo@vtw.org with
- "unsubscribe vtw-announce" in the body of the message.
-
- BillWatch can be found on the World Wide Web at http://www.vtw.org/billwatch/
-
- ___________________________________________________________________________
- End VTW BillWatch Issue #62, Date: Tue Oct 22 02:32:41 EDT 1996
- ___________________________________________________________________________
- This file provided by:
-
- Voters Telecommunications Watch
- *** Watching out for your civil liberties ***
-
- Email: vtw@vtw.org (preferred)
- Gopher: gopher -p1/vtw gopher.panix.com
- URL: http://www.vtw.org/
- Telephone: (718) 596-2851 (last resort)
-
- ===========================================================================
- VTW BillWatch #63
-
- VTW BillWatch: A newsletter tracking US Federal legislation
- affecting civil liberties. BillWatch is published about every
- week as long as Congress is in session. (Congress is out of session)
-
- BillWatch is produced and published by the
- Voters Telecommunications Watch (vtw@vtw.org)
-
- Issue #63, Date: Tue Oct 29 00:18:48 EST 1996
-
- Do not remove this banner. See distribution instructions at the end.
- ___________________________________________________________________________
- TABLE OF CONTENTS
- CaseWatch: Jurisdiction in cyberspace
- Subscription Information and donation policy (unchanged 2/18/96)
- ___________________________________________________________________________
- CASEWATCH: JURISDICTION IN CYBERSPACE
-
- [Here is a summary of this week's CaseWatch, http://www.vtwctr.org/casewatch/]
-
- Dennis Toeppen is the guy who registered "Panavision.com"
- (and then posted aerial photographs of Pana, Ill, on the site until NSI
- put it on hold) along with approximately 240 other domain names, at least
- some of them 'bitchin' corporate names'; as Josh Quittner put
- it in his Wired column about mcdonalds.com.
-
- By now at least four of the companies which have discovered their
- companyname.com registered to Toeppen have now sued for assorted trademark
- violations -- one of them being Panavision, of course -- and although the
- real question is whether Panavision has a right to Panavision.com simply
- because it has trademarked the name, the first question, as it turns out, is
- whether Panavision (which is based in California) can sue Toeppen in a court
- in the state of California, when the guy by his own admission rarely goes
- there and maintains his web page in Illinois.
-
- The court's analysis is this: it's not just having a web page
- -- it's what you're doing with your web page which dictates where
- you can get sued (and if you're infringing a trademark, you've had an effect
- in the trademark owner's home town). But the details haven't all been worked
- out yet. ....
-
- [Read the whole story for free in this week's CaseWatch,
- http://www.vtwctr.org/casewatch/]
-
- ___________________________________________________________________________
- SUBSCRIPTION INFORMATION AND DONATION POLICY
-
- We do not accept unsolicited donations at this time.
- If you want to help, for heaven's sakes, register
- to vote at http://netvote96.mci.com/register.html.
-
- You can receive BillWatch via email or WWW:
-
- To subscribe via email, send mail to majordomo@vtw.org with
- "subscribe vtw-announce" in the body of the message. To
- unsubscribe from BillWatch send mail to majordomo@vtw.org with
- "unsubscribe vtw-announce" in the body of the message.
-
- BillWatch can be found on the World Wide Web at http://www.vtw.org/billwatch/
-
- ___________________________________________________________________________
- End VTW BillWatch Issue #63, Date: Tue Oct 29 00:18:48 EST 1996
- ___________________________________________________________________________
- This file provided by:
-
- Voters Telecommunications Watch
- *** Watching out for your civil liberties ***
-
- Email: vtw@vtw.org (preferred)
- Gopher: gopher -p1/vtw gopher.panix.com
- URL: http://www.vtw.org/
- Telephone: (718) 596-2851 (last resort)
- Copyright 1994-1996 (commercial use without permission prohibited)
- ===========================================================================
-
- Copyright 1994-1996 (commercial use without permission prohibited)
- ===========================================================================
-
- * * * * * * * * * * * * * * * * * * * *
-