From BNA's Internet Law News: WASHINGTON APPEAL COURT UPHOLD ANTI-SPAM LAW Washington Supreme Court upheld a state law that prohibits the transmission of certain types of spam to or from the state. Similar laws had been struck down in the past as breaching the Federal government's constitutional jurisdiction over interstate commerce. The court upheld the law in part because it found that it fostered rather that interfered interstate trade. http://www.newsbytes.com/news/01/166617.html The decision can be found at: <http://www.courts.wa.gov/opinions/opindisp.cfm?docid=694168MAJ> The lower court decision at: http://www.wa-state-resident.com/agheck02.htm. --- TURKEY PASSES LAW EXTENDING PRESS CONTROLS TO INTERNET The Turkish parliament has passed a law that subjects the Internet to the same restrictions as print media. The law provides for fines of up to $85,000 for Web sites that publish untrue news, insults and similar material. The country also decided to scrap controversial plans to require official permission to set up a Web site. http://www.siliconvalley.com/docs/news/tech/014367.htm http://www.salon.com/tech/wire/2001/06/07/turkey/index.html --- Date: Fri, 8 Jun 2001 09:24:53 -0400 From: ariat_private Subject: Yahoo! Clears Legal Hurdle in Fight Against Damaging French Ruling Yahoo! Inc. has cleared a key legal hurdle as it seeks relief in the U.S. courts from a French court ruling that sets a damaging jurisdictional precedent for speech and commerce online. In the case of Yahoo! Inc. v. LICRA et al. a federal court in California yesterday denied a motion to dismiss the case by the French parties, and will now take up the merits of Yahoo's claim. At issue is a French court ruling holding Yahoo! in the U.S. liable under broad French anti-hate speech regulations. CDT believes that holding Web publishers in one country liable for simply publishing material that may be considered inappropriate when viewed by citizens of another country would chill free expression and commerce on the Internet. The ruling on the motion to dismiss from the French parties clears a key legal barrier as Yahoo seeks relief in the U.S. courts. The court has not yet ruled on the actual merits of Yahoo's claim. But the court's opinion indicates that those who seek to use the foreign courts to influence U.S. publishers will need to face legal challenges to enforcement of those claims under U.S. law. CDT organized a group including the American Association of Publishers, Freedom to Read Foundation, ACLU, Human Rights Watch, People for the American Way, the Society of Professional Journalists, and others who have filed a "friend of the court" brief in support of Yahoo. Though filed with the court in April, that brief is now available online for the first time. Also now available online - Ruling Denying LICRA Motion to Dismiss (N.D. California) [long - 600K] http://www.cdt.org/jurisdiction/010607yahoo.pdf CDT et al. Amicus Brief in Support of Yahoo! [60K] http://www.cdt.org/jurisdiction/010406yahoobrief.pdf For more on Yahoo! v. LICRA and jurisdiction issues please see http://www.cdt.org/jurisdiction/ For more information or comment please contact Alan Davidson <abdat_private> or Paula Bruening <pbrueningat_private> at CDT - 202-637-9800. ---------------------------------- CDT Update Subscription Information E-mail questions, comments, or requests to subscribe or unsubscribe to ariat_private or call (202) 637-9800. ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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