(Note: For details on these cases and many more, you may wish to subscribe to The Computer Law Monitor, a quarterly journal on computer and telecommunications law published by Research Publications, Inc., 92 Fairway Drive, P.O. Box 9267, Asheville NC 28815; tel 704-298-8291.)
Decisions of Interest to Cybercitizens
Communications Decency Act Violates First Amendment
Shea v. Reno (July 29, 1996)
The Communications Decency Act
violates the First Amendment to the U.S. Constitution because the statutory
defenses to the actions criminalized under the Act do not eliminate the
chilling effect of its overbroad provisions.
Online Company May Block Ads With E-Mail "Bombs"
Cyber Promotions, Inc. v. America Online, Inc.(Nov. 4, 1996 &
Nov. 26, 1996)
(1) Does an online service provider's blockage of
unsolicited e- mail ads violate the First Amendment? No. Blocking unsolicited
e-mail by a private online service provider does not have the character of
state action. (2) Does an online service provider's blockage of unsolicited e-
mail ads violate antitrust laws? Where the "market" and "essential facility"
tests cannot be established with confidence, it is unlikely that a monopoly
argument will prevail.
Unsolicited, Bulk E-Mail May Be Trespass
CompuServe, Inc. v. Cyber Promotions, Inc. (February 3, 1997)
Can unsolicited e-mail advertising support an online service's action for
trespass to personal property? Yes. Where the online service is harmed by
continued interference with its services despite repeated demands that the
sender cease its practices, an action for trespass may prevail.
No Special Fair Use for Internet Copying
Religious Technology Center v. Lerma (Oct. 4, 1996)
Does the
uploading of copyright texts onto the Internet constitute fair use? No. Mere
publication via the Internet does not justify special treatment of the
publisher and does not constitute fair use under copyright law.
Licensing Scheme Is Unlawful Prior Restraint
Bernstein v. Department of State (December 16, 1996)
Does
the International Traffic in Arms Regulations (ITAR) licensing scheme for
cryptographic software constitute an unconstitutional prior restraint on free
speech? Yes. Where the licensing scheme fails to provide for a time limit on
the licensing decision, for prompt judicial review, and for a duty to defend
the denial of a license, it constitutes a prior restraint in violation of the
First Amendment.
World Intellectual Property Organization Reaches Agreement on Browser Copying
In December 1996, representatives from 157 nations reached an agreement on copyrights and the Internet following three weeks of negotiation at the United Nations' World Intellectual Property Organization in Geneva, Switzerland. The agreements enhance protection against software piracy and lay the groundwork for increased commerce on the Internet.
As approved, the treaty specifically exempts liability for the copies that computer browsers make as users jump from page to page on the World Wide Web. Otherwise, anytime someone looked at copyrighted material on a web page, it would have constituted a violation of international copyright law.
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