Politech mailing list archives

FC: United Nations weighs Web site "permits"; more on gambling case


From: Declan McCullagh <declan () well com>
Date: Thu, 17 Feb 2000 11:05:17 -0500

Other noteworthy UN regulatory ideas:
  http://www.wired.com/news/print/0,1294,32711,00.html
  http://www.wired.com/news/news/politics/story/20705.html
Some (now-outdated) links to anonymity info:
  http://www.well.com/user/declan/nym/
An somewhat outdated piece I wrote four years ago:
  http://eff.org/pub/Publications/Declan_McCullagh/iu.plague.073196.article
  "A victory in the CDA case would, in a sense, turn the U.S. into a safe
   haven for controversial content from all over the world."

-Declan


From: Adam Powell <apowell () freedomforum org>
To: "'declan () well com'" <declan () well com>
Subject: UN body considers permits for the Net
Date: Thu, 17 Feb 2000 09:22:59 -0500

once you start down that road...

FEBRUARY 16, 22:52 EST

 Internet Racism Spurs Concern at UN

 By GEIR MOULSON
 Associated Press Writer

 GENEVA (AP) - The United States could do more to curb the use of the
Internet
 for racist material while upholding freedom of speech, experts said at a
U.N.
 meeting Wednesday.

 ``New forms of communications technology such as the Internet are being
used
 to support the dissemination of racial hatred,'' Mary Robinson, the U.N.
High
 Commissioner for Human Rights, told participants in a three-day seminar on
 racism.
...
 ``The United States has developed into a safe haven for racists spreading
their
 word worldwide by using the Internet,'' Swiss-based information technology
law
 expert David Rosenthal said in a paper submitted to the conference, which
started
 Wednesday.

...

 Although the U.S. government cannot ban racist speech outright, it could
impose
 ``reasonable restrictions,'' such as requiring a permit that would force
publishers
 to identify the content of their sites, Rosenthal argued.

 A possible strategy to deal with Internet hate sites could be based on
whether they
 amount to discrimination, an area where U.S. law is strict, he said.

*************

Date: Thu, 17 Feb 2000 08:28:58 -0500
From: Laurence Sutter <lsutter () generalmedia com>
X-Mailer: Mozilla 4.61 [en] (Win98; I)
X-Accept-Language: en
To: declan () well com
Subject: Re: FC: US prosecutes operator of legal overseas gambling site



He's being prosecuted in the Southern District of New York. For an in-depth analysis of the issues, inspired by this prosecution, see Keller, The Game's The Same: Why Gambling in Cyberspace Violates Federal Law, 108 YALE L.J. 1569 (1999).

****************

From: MerrittDC () aol com
Date: Thu, 17 Feb 2000 09:45:56 EST
Subject: Re: FC: US prosecutes operator of legal overseas gambling site
To: declan () well com

DeClan --

The trial is taking place in the United States District Court for the
Southern District of New York.  With respect to where Jay Cohen was living,
he was communiting back and forth from the US to Antigua.  When he was
indicted along with 22 others for violating the Wire Act, he returned to the
states voluntarily to stand trial.

World Wise Sports Exchange is licensed and regulated by the Government of
Antigua.
FYI.

David Safavian

**************

Date: Thu, 17 Feb 2000 08:02:29 -0800
To: declan () well com
From: Steve Schear <schear () lvcm com>
Subject: Re: FC: US prosecutes operator of legal overseas gambling site

Its strange that these offshore operators appear not to have learned to shield themselves through the usual offshore holding company methods. My understanding is that if a corporation has more than 25 shareholders (e.g., 25 offshore corporations) then it is assumed, under U.S. federal law, to not be closely held. Only the officers (and not the owners) of non-closely held corporations can be charged with criminal conduct. Establishing such corporations, in non-MLAT countries, as the owners should do the trick.

--Steve

*************

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