[iwar] [fc:Europe.Moving.Toward.Ban.on.Internet.Hate.Speech]

From: Fred Cohen (fc@all.net)
Date: 2001-11-11 09:26:28


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Date: Sun, 11 Nov 2001 09:26:28 -0800 (PST)
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Subject: [iwar] [fc:Europe.Moving.Toward.Ban.on.Internet.Hate.Speech]
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Europe Moving Toward Ban on Internet Hate Speech

By PAUL MELLER

RUSSELS, Nov. 9 ‹ The 43-nation Council of Europe is trying to ban racist
and hate speech from the Internet by adding a protocol, or side agreement,
to its cybercrime convention, which was stamped for ratification on
Thursday. The convention is scheduled to be formally ratified at a meeting
in Budapest Nov. 23.

The main text of the convention defines as cybercrimes activities like
online child pornography, online fraud and electronic vandalism or hacking,
and it sets rules for signatory nations on how the Internet should be
policed.

The protocol would add racist Web page content and hate speech over computer
networks to the list of cybercrimes, the Council of Europe, a club of
European democracies that aims to protect human rights, said.

The United States, which is a signatory to the convention, resisted European
moves to include the issue of racist Web sites in the main agreement,
because doing so would conflict with the free-speech protections in the
First Amendment.

To keep the disagreement from holding up ratification of the cybercrime
convention, the council decided to cover the issue in a side agreement,
which the United States and others could choose not to sign, said Angus
Macdonald, a spokesman for the council.

While the side agreement obliges only the nations that sign it to ban racist
Web content and online hate speech, Mr. Macdonald said, the council hopes
that all signatories of the main convention, including the United States,
will respect the protocol, and will agree to remove such material if it
originates within their borders and is aimed at an audience in another
country.

Ivar Tallo, an Estonian member of the council, gave the example of a French
racist organization establishing a Web site aimed at influencing a French
audience, and situating it in the United States solely to take refuge behind
the First Amendment.

His example is reminiscent of a real case decided in a federal court in San
Jose, Calif., on Thursday. Yahoo (news/quote), the Web portal, asked the
court to refuse to enforce a ruling by a French court in November 2000
ordering Yahoo to remove all Nazi memorabilia from its auction Web site.

The court in California agreed with Yahoo. "Although France has the
sovereign right to regulate what speech is permissible in France, this court
may not enforce a foreign order that violates the protections of the United
States Constitution by chilling protected speech that occurs simultaneously
within our borders," Judge Jeremy Fogel wrote.

Mr. Macdonald said the side agreement would not have applied in the Nazi
memorabilia case because it refers only to messages aimed at a foreign
audience. 

France is thought to be one of the countries that pressed hardest for action
by the council on racist content and hate speech. But one executive of an
Internet company said the protocol would have little effect.

"It is very unlikely the United States would cooperate in the way the
Council of Europe would want it to by removing Web content classified as
racist by another country's courts," the executive said. "The Justice
Department fought hard to have the racist bits pulled from the cybercrime
convention itself. I can't imagine they will let freedom of speech be
curtailed via the backdoor in this way."

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