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Full-Text Articles in Law
The Baby And The Bathwater Too: A Critique Of American Library Ass’N V. U.S., Marc H. Greenberg
The Baby And The Bathwater Too: A Critique Of American Library Ass’N V. U.S., Marc H. Greenberg
Publications
In June 2003, the Supreme Court, in United States v. American Library Ass’n, sent tremors through libraries nationwide when it reversed a finding of the United States District Court (USDC) in Philadelphia that held the Child Internet Protection Act (CIPA) was facially violative of the First Amendment rights of library patrons. Under CIPA, all libraries that accepted federal funding to cover the costs of providing Internet access to their patrons were required to install filtering software programs on their computers to prevent patrons from seeing any material that was obscene or “harmful to minors.” The law was not limited to …
A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg
A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg
Publications
The first section of this Article presents the laws governing Internet content providers and the jurisdictional regime that gave rise to this see saw battle. The second section examines a series of court proceedings. The first two proceedings in France in 2000 resulted in a French court order directing Yahoo to add geo-location filtering software to its servers in Santa Clara. The subsequent California district court litigation filed in 2001 resulted in summary judgment for Yahoo. This judgment is on appeal. The third and final section explores the global implications of the French and U.S. proceedings. The section concludes that …