FC: Norwegian ISP yanks Usenet newsgroups after child porn ruling

From: Declan McCullagh (declanat_private)
Date: Tue Jun 11 2002 - 17:39:11 PDT

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    Date: wed, 12 jun 2002 01:41:21 +0200
    To: declanat_private
    From: mikael pawlo <mikaelat_private>
    Subject: newsgroups shut down in norway
    
    Declan,
    Here are some news on a recent court ruling on newsgroup liability in
    Norway that might interest you and other Politech readers.
    
    Digi.no reports that the district court of Oslo, Norway has ruled that the
    Scandinavian Internet Service Provider and telecom company Tele2 is liable
    for distributing pictures containing child pornography, violent pornography
    and forced pornography (all banned in Norway) in its newsgroups. Tele2 was
    fined to pay NOK 500,000, which is a substantial fine in Scandinavian
    courts (around USD 64,000).
    
    As a consequence of the verdict, Telenor, the main competitor of Tele2,
    immediately shut downall newsgroups that may contain pictures.
    
    The Norweigan authority Okokrim, which is a law enforcement agency for
    white collar crimes, is reported to look upon the Telenor reaction as an
    over-reaction. However, Okokrim consider the ruling against Tele2 just.
    
    The Norweigan Tele2 CEO Markus Takte regards the ruling as absurd and will
    appeal. Takte states that one can not force the distributor to carry the
    responsibilites of a publisher.
    
    The ruling has also caused quite a stir in Sweden, while Tele2 is a Swedish
    company. I think that the ruling - if not changed upon appeal - may
    eventually create a situation where the ISP:s are forced to lessen
    interactivity in the networks and apply a cable operator business model to
    their systems, not much unlike AOL. Hence, the Internet would run a risk of
    beeing split up into small islands with decreased interactivity between the
    networks. The latter effect is commonly referred to as 'splinternet'.
    
    Related links:
    
    Report the case by Digi.no (in Norweigan):
    http://www.digi.no/dtno.nsf/pub/md20020606150502_kvi_79098191
    
    Tele2:
    http://www.tele2.se/
    
    Currency Converter:
    http://www.xe.net/ucc/
    
    Telenor:
    http://www.telenor.no/
    
    Digi.no on the Telenor shutdown (still Norweigan):
    http://www.digi.no/dtno.nsf/pub/md20020606164817_kvi_61940032
    
    Okokrim web site:
    http://www.okokrim.no/
    
    Digi.no on Okokrim's reaction to the shutdown (Norweigan):
    http://www.digi.no/dtno.nsf/pub/md20020606174835_okv_85883726
    
    Splinternet theory:
    http://www.law.usm.maine.edu/mlta/works/01/splinter.htm
    
    
    Regards
    
    Mikael Pawlo
    
    _________________________________________________________________________
    
       ICQ:35638414                              mailto:mikaelat_private
       +46-704-215825                              http://www.pawlo.com/
    
    
    
    
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