International Law [WAS: Re: Fw: Front Pages]

by "David Meadows" <david(at)goldenheroes.softnet.co.uk>

 Date:  Fri, 4 Sep 1998 21:09:31 +0100
 To:  "Darren Stephens" <darren.stephens(at)onyx.net>,
<hwg-theory(at)hwg.org>,
"Ann Navarro" <ann(at)webgeek.com>
  todo: View Thread, Original
Ann Navarro <ann(at)webgeek.com> wrote:

>Putting that into web speak: If your site can be seen by
>someone in the US, it is conceivable that action could
>be taken against you based on US law.

>Witness in Europe the continuing saga of Compuserve
>executives being held responsible for delivery of locally
>objectionable content within Germany.


This is an interesting case and I want to comment on it if I may
(are legal issues on-topic for this list?).

Ann, your example actually refutes your own argument.

The Compuserve executives were German citizens, but the content
they "distributed" originated outside Germany. Note, the local
distributors were held responsible, not the foreign content
providers.

If this attitude holds true for the United States, then no action
could be taken against me (in England) for pages hosted on a UK
server and delivered to a US browser. In fact, if the DOJ wants to
take issue with my pages for violating American law, it is your
American ISPs who will be prosecuted. I will remain safe over here
in my castle.

It may even be worse than that. If my pages are viewed by the
patrons of a public library, where I'm sure the ADA *must* apply
(you do have Internet access points in libraries, don't you?) then
who will be held responsible? The library manager?

For that matter, what about the company that provided their
hardware? The browser manufacturer? The town council?

As somebody has already remarked on this thread, Internet law is
far from cut-and-dried.


DISCLAIMER: I try hard to make my pages as "accessible" as
possible. I was merely giving a hypothetical example.


Random Aside: Can someone with screen-reading software tell me how
it interprets ;-) or  :-( or any other "smiley"? And if the answer
is what I think it will be, maybe we should start considering
"accessible" emails too?


--
David Meadows [ Technical Writer | Information Developer ]
DNRC Minister for Littorasy * david(at)goldenheroes.softnet.co.uk
"Mind, body, heart and soul: we've got rock and roll
 And there's nothing they can do" -- Ian Gillan, "Gypsy's Kiss"

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