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Legal update: Yahoo and France, Washington state spam, Turkey



 From BNA's Internet Law News:

WASHINGTON APPEAL COURT UPHOLD ANTI-SPAM LAW
Washington Supreme Court upheld a state law that prohibits
the transmission of certain types of spam to or from the
state.  Similar laws had been struck down in the past as
breaching the Federal government's constitutional
jurisdiction over interstate commerce.  The court upheld the
law in part because it found that it fostered rather that
interfered interstate trade.
http://www.newsbytes.com/news/01/166617.html
The decision can be found at:
<http://www.courts.wa.gov/opinions/opindisp.cfm?docid=694168MAJ>
The lower court decision at:
http://www.wa-state-resident.com/agheck02.htm.

---

TURKEY PASSES LAW EXTENDING PRESS CONTROLS TO INTERNET
The Turkish parliament has passed a law that subjects the
Internet to the same restrictions as print media.  The law
provides for fines of up to $85,000 for Web sites that
publish untrue news, insults and similar material.  The
country also decided to scrap controversial plans to require
official permission to set up a Web site.
http://www.siliconvalley.com/docs/news/tech/014367.htm
http://www.salon.com/tech/wire/2001/06/07/turkey/index.html

---

Date: Fri, 8 Jun 2001 09:24:53 -0400
From: ari@cdt.org
Subject: Yahoo! Clears Legal Hurdle in Fight Against Damaging French Ruling

Yahoo! Inc. has cleared a key legal hurdle as it seeks relief in the U.S.
courts from a French court ruling that sets a damaging jurisdictional
precedent for speech and commerce online. In the case of Yahoo! Inc. v.
LICRA et al. a federal court in California yesterday denied a motion to
dismiss the case by the French parties, and will now take up the merits of
Yahoo's claim.

At issue is a French court ruling holding Yahoo! in the U.S. liable under
broad French anti-hate speech regulations. CDT believes that holding Web
publishers in one country liable for simply publishing material that may be
considered inappropriate when viewed by citizens of another country would
chill free expression and commerce on the Internet.

The ruling on the motion to dismiss from the French parties clears a key
legal barrier as Yahoo seeks relief in the U.S. courts. The court has not
yet ruled on the actual merits of Yahoo's claim. But the court's opinion
indicates that those who seek to use the foreign courts to influence U.S.
publishers will need to face legal challenges to enforcement of those claims
under U.S. law.

CDT organized a group including the American Association of Publishers,
Freedom to Read Foundation, ACLU, Human Rights Watch, People for the
American Way, the Society of Professional Journalists, and others who have
filed a "friend of the court" brief in support of Yahoo. Though filed with
the court in April, that brief is now available online for the first time.

Also now available online -

Ruling Denying LICRA Motion to Dismiss (N.D. California) [long - 600K]
	http://www.cdt.org/jurisdiction/010607yahoo.pdf

CDT et al. Amicus Brief in Support of Yahoo!  [60K]
	http://www.cdt.org/jurisdiction/010406yahoobrief.pdf

For more on Yahoo! v. LICRA and jurisdiction issues please see
	http://www.cdt.org/jurisdiction/

For more information or comment please contact Alan Davidson <abd@cdt.org>
or Paula Bruening <pbruening@cdt.org> at CDT - 202-637-9800.

----------------------------------
CDT Update Subscription Information

E-mail questions, comments, or requests to subscribe or unsubscribe
to ari@cdt.org or call (202) 637-9800.




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