IP: EU Legislative Proposal to Outlaw Anonymous E-Mail (via NTK)

[Dave Farber <farber () cis upenn edu>]

> 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>