FC: U.S. business groups back Yahoo in tussle with French court

From: Declan McCullagh (declanat_private)
Date: Tue Aug 14 2001 - 07:37:32 PDT

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    The amicus brief:
    http://www.cdt.org/jurisdiction/010813yahoo.pdf
    
    Previous Politech articles:
    http://www.politechbot.com/p-02118.html
    http://www.politechbot.com/p-01602.html
    
    *******
    
    Date: Mon, 13 Aug 2001 13:39:22 -0400
    From: ariat_private
    Subject: Industry Groups Rally to Oppose French Court Ruling Against Yahoo
    
    Industry Groups Rally to Oppose French Court Ruling Against Yahoo
    
    CDT Applauds Friend of the Court Filing in Yahoo v. LICRA
    
    A range of major business organizations and Internet industry associations
    have this week filed a brief supporting Yahoo's legal challenge to a French
    court ruling that raises fundamental issues of jurisdiction in cyberspace.
    The brief, filed last week in US District Court in California in the case of
    Yahoo! Inc. v. LICRA, argues that US courts may not enforce judgments of
    foreign courts that lack personal jurisdiction over US defendents.  Under
    the French court's thoery of personal jurisidiction, every American company
    with an Internet presence would be subject to the personal jurisdiction of
    every foreign country in the world.  Not only would such a result be
    inconsistent with the law, it would be devastating to the development of the
    Internet.
    
    Industry groups filing include the United States Chamber of Commerce, the
    United States Council for International Business, the Information Technology
    Association of America, the Online Publishers Association, the United States
    Information Industry Association, and the Commercial Internet eXchange.
    
    CDT, which filed an earlier friend of the court brief in April on First
    Amendment grounds with a broad group of publishers and nonprofit groups,
    applauds this industry effort.  "This industry brief underscores the
    crippling effect that the French court ruling would have on the Internet and
    electronic commerce.  Countries should not be able to haul foreign Internet
    users into their courts simply for publishing a Web site alone," said Alan
    Davidson, Associate Director of CDT.
    
    The next hearing in this case is scheduled for August 26.  A hearing on
    Yahoo's motion for summary judgment is scheduled for September 24.
    
    Background of the Yahoo! v. LICRA Case
    
    Last year, a French court ruled that Yahoo in the US, by allowing its Web
    site to be accessed from France, ran afoul of France's law criminalizing the
    exhibition or sale of racist materials.  The court specifically directed
    Yahoo to re-engineer its servers in the United States and elsewhere to
    enable them to recognize French Internet Protocol addresses and block their
    access to material that violated French hate speech laws.  It also required
    Yahoo to ask users with "ambiguous" IP addresses to declare their
    nationality when they arrive at Yahoo's home page or when they initiate a
    search using the word "Nazi."
    
    Yahoo! has filed a lawsuit in US court asking for a declaratory judgment
    that the foreign verdict is unenforceable in the US.  Yahoo argued that US
    courts should refuse to enforce the French judgment because it contravenes
    fundamental US policy, including, the strong protection of free speech
    offered by the First Amendment.  Yahoo pointed out that freedom of
    expression is recognized not only in the United States as a fundamental
    constitutional right, but also under international law.
    
    CDT is following the case closely.  In April, CDT filed a "friend of the
    court" brief in support of Yahoo, joined by the American Association of
    Publishers, the Freedom to Read Foundation, the ACLU, Human Rights Watch,
    People for the American Way, the Society of Professional Journalists, and
    others, arguing 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.
    
    In June, federal court in California in June denied a motion to dismiss
    Yahoo's complaint.  The decision opened the way for the US court to take up
    the merits of Yahoo's claim that the French court exceeded its jurisdiction.
    The US court's opinion indicated that those who seek to use the foreign
    courts to control US-based Web sites will face legal challenges to
    enforcement of those judgments.
    
    For more information, see the CDT policy post Vol. 7, No. 6 on this subject
    at http://www.cdt.org/publications/pp_7.06.shtml.
    
    
    
    
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