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IP: EU Legislative Proposal to Outlaw Anonymous E-Mail (via NTK)
From: Dave Farber <farber () cis upenn edu>
Date: Fri, 23 Apr 1999 18:53:48 -0400
From: "Rob Raisch" <raisch () rivalworks com> To: "Dave Farber" <farber () cis upenn edu> (It is always amazing to me how quickly we treat the Internet as sui generis, how easily we expect our technology to bear the burden of illegal acts. </rr>) REPORT on the draft Joint Action, adopted by the Council on the basis of Article K.3 of the Treaty on European Union, to combat child pornography on the Internet (10850/5/98 (archived at: http://www.ntk.net/anoneu/ ) The Joint Action to combat child pornography on the Internet which is under discussion in the Council is intended to step up the measures to prevent and combat the production, processing, distribution and possession of child pornography and to encourage the detection and prosecution of offences in this area. Amendments include: (g) the sending of anonymous e-mail is prohibited. (In McIntyre v. OHIO (1995), the U.S. Supreme Court wrote: "Whatever the motivation may be, at least in the field of literary endeavor, the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry." Mrs. McIntyre was a housewife who, unhappy with her local school board, printed leaflets criticizing them at election time that did not include her name - therefore violating an Ohio election statute - and was fined $100, but in the grand American tradition, fought the fine all the way to the Supreme Court and won. </rr>) -- Rob Raisch CTO - RivalWorks, Inc. <http://www.raisch.com>
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- IP: EU Legislative Proposal to Outlaw Anonymous E-Mail (via NTK) Dave Farber (Apr 23)