California Justices Find Web Site Is Out Of Reach
from the seems-reasonable dept
There have been a number of discussions lately over how legal jurisdiction works when the internet comes into play. That's why the following ruling is worth talking about. It seems that some guy, who now lives in Texas, posted the DeCSS code (for descrambling DVDs) to a website while he was a student in Indiana. He was sued in California, but claimed that made no sense because he had nothing to do with California. Now, the California Supreme Court has agreed with him, saying that he can be sued elsewhere, but they see no reason why it makes sense to hold the case in California - since there's no evidence he "targeted" a California company. They say that allowing the case to go on would mean that every automatobile related case could be tried in Michigan and every investor related case could be tried in New York - which doesn't necessarily make sense. The dissenting justices argued that the posting of the DeCSS clearly would effect industries based in California, and thus, California is the proper place. It seems like questions over such jurisdictions will eventually make their way to the US Supreme Court - but that will still leave open the question of country jurisdictions. It seems the internet really throws a wrench into what used to be a lot more obvious.
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Time for the Internet Regulatory Commission
Just as radio and telephone were justifiably separated into commercial and amateur bands, so should the internet be regulated by a license system. Just like amateur radio, amateur internet users who lack commercial licenses will be forbidden from promoting commercial interests, obscenities, or singing. All amateur communications must require identification on every message. Different grades of amateur licenses will require differing levels of expertise on internet infrastructure, computer science, and essay writing skills.
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Re: Time for the Internet Regulatory Commission
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Re: Time for the Internet Regulatory Commission
Once upon a time, anybody without a license could trade at a stock exchange, drive automobiles, or operate radio stations. But when abuses became rampant, the government stepped in and established licensing systems.
The exact same pattern is happening with internet usage. We cannot afford a society where spam overwhelms bandwidth, unwary PC users have their machines sabotaged by viruses or porn-bots, and children can go into adult chat rooms. Self-regulation is failing.
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Re: Time for the Internet Regulatory Commission
a) I think you have to have a license to run a mail order or phone soliciting business in most places, but that doesn't keep my mailbox from being stuffed with "snail spam" every day and me from getting "sonic spam" phone calls every day. As for virus writers, they are criminals and licenses aren't going to stop them any more than the need to have a license to run a business stops a drug dealer. And children will be able to get into licensed adult chat rooms via their parent's unwatched licensed internet connection as easily as they do now through their unlicensed internet connection.
b) And anyway, exactly how is all this US Federal licensing going to stop the spammers in Nigeria and the porn sites in Russia and the virus writers in Hong Kong???
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Re: Time for the Internet Regulatory Commission
Still, law enforcement does run sweeps of these operations regularly, and violators are sent to jail. It does curb the excesses; we do not normally get snail spam for teen sex mags, or sonic spam for 1-900 sex lines.
"As for virus writers, they are criminals and licenses aren't going to stop them any more than the need to have a license to run a business stops a drug dealer."
Again, legislation does curb the excesses. Corner drug stores do not sell heroin or crack over the counter. Doctors will not casually prescribe cocaine or PCP.
"And children will be able to get into licensed adult chat rooms via their parent's unwatched licensed internet connection as easily as they do now through their unlicensed internet connection."
Still, it will stop children at least some of the time. Kids can steal car keys to drive their parent's cars, but it is not an everyday event. We can have legislation that requires physical locks and/or biometrics on all computers, just as all cars now require car keys.
"b) And anyway, exactly how is all this US Federal licensing going to stop the spammers in Nigeria and the porn sites in Russia and the virus writers in Hong Kong???"
The US can lead the way in progressive legislation, and other countries will follow suit. Countries that fail to regulate their internet activity can be shut out through national firewalls, as a new form of economic sanction.
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