[IP] more on EFF Fights for Bloggers' Rights (fwd)
===== Forwarded message from Declan McCullagh <declan@xxxxxxxx> =====
\From: Declan McCullagh <declan@xxxxxxxx>
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on EFF Fights for Bloggers' Rights
Date: Mon, 21 Nov 2005 14:50:31 -0800
Even this rephrasing isn't quite right.
The real question is: Can a Chinese writer, critical of the Chinese
government, posting to a U.S.-based Web site avoid having the site shut
down?
The answer depends on a number of things.
First, the U.S. government isn't probably going to care about the site's
content one way or another, and may not have any readily-available legal
mechanism to shut it down anyway (barring things like child pornography,
etc.)
So then the question becomes: Will a U.S. company want to risk the wrath
of the Chinese government by hosting the site?
If the U.S. company is Google, Microsoft, Yahoo and it has or wants to
have any business dealings in China, it will probably bow to censorship
pressure. But fortunately there are probably thousands of Web hosting
services that don't have business dealings and would probably not really
care about legal threats from some random other country.
So in practice this is really a non-issue.
-Declan
David Farber wrote:
>
>
> -------- Original Message --------
> Subject: RE: [IP] EFF Fights for Bloggers' Rights
> Date: Sun, 20 Nov 2005 19:51:28 -0500
> From: Marc <marcaniballi@xxxxxxxxxxx>
> To: 'David J. Farber' <dave@xxxxxxxxxx>
>
>
>
> Maybe I should rephrase the question slightly;
>
> Would a foreign blogger, blogging on a US domiciled blog site be protected
> from censorship from US based interests (and foreign interests
> attempting to
> act upon "US territory"). I understand that US jurisdiction would not
> protect them personally from their own (or possibly other) governments -
> but
> my question was more about whether the actual blog and its content is
> protected, having been published and hosted in a country with freedom of
> speech.
>
> I suppose the question might more readily be put; "Does America hold out
> its
> freedoms to all who wish to benefit from them, regardless of their
> nationality or current residence, while they or their actions are within US
> jurisdiction?" (Let's leave Guantanamo out of it for now)
>
> Marc
>
> -----Original Message-----
> From: David J. Farber [mailto:dave@xxxxxxxxxx] Sent: Sunday, November
> 20, 2005 4:09 PM
> To: Marc
> Subject: RE: [IP] EFF Fights for Bloggers' Rights
>
> I seriously doubt it both in theory or practice.
>
> Dave
>
> On Nov 20 14:50, Marc <marcaniballi@xxxxxxxxxxx> wrote:
>
>>
>> Subject: RE: [IP] EFF Fights for Bloggers' Rights
>>
>> Dave;
>>
>> I have an question that might be interesting;
>>
>> If (for example) a young chinese student is blogging on Blogger (Google)
>> about injustice in his country or other "inappropriate" topics. Given
>> that
>> the server is in the US, is he protected by US freedom of speech, even
>> though he isn't American?
>>
>> Marc
>>
>> -----Original Message-----
>> From: David Farber [mailto:dave@xxxxxxxxxx] Sent: Sunday, November 20,
>> 2005 8:24 AM
>> To: ip@xxxxxxxxxxxxxx
>> Subject: [IP] EFF Fights for Bloggers' Rights
>>
>>
>>
>> -------- Original Message --------
>> Subject: EFF Fights for Bloggers' Rights
>> Date: Sun, 20 Nov 2005 01:44:03 -0500
>> From: Randall <rvh40@xxxxxxxxxxxxx>
>> To: Dave <dave@xxxxxxxxxx>
>> CC: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
>>
>>
>>
>> http://www.eff.org/bloggers/
>>
>> EFF: Fighting for Bloggers' Rights
>> If you're a blogger, this website is for you.
>>
>> EFF's goal is to give you a basic roadmap to the legal issues you may
>> confront as a blogger, to let you know you have rights, and to encourage
>> you to blog freely with the knowledge that your legitimate speech is
>> protected.
>>
>> To that end, we have created the Legal Guide for Bloggers,
>> http://www.eff.org/bloggers/lg/
>> a collection of blogger-specific FAQs addressing everything from fair
>> use to defamation law to workplace whistle-blowing.
>>
>> > Learn how you can help support bloggers' rights!
>>
>> http://www.eff.org/bloggers/badges
>>
>> Other ways we're fighting for your rights:
>> Bloggers can be journalists (and journalists can be bloggers) - We're
>> battling for legal and institutional recognition that if you engage in
>> journalism, you're a journalist, with all of the attendant rights,
>> privileges, and protections. http://www.eff.org/Censorship/Apple_v_Does/
>>
>> Bloggers are entitled to free speech - We're working to shield you from
>> frivolous or abusive threats and lawsuits. Internet bullies shouldn't
>> use copyright, libel, or other claims to chill your legitimate speech.
>> http://www.eff.org/legal/ISP_liability/OPG_v_Diebold/
>>
>>
>> Bloggers have the right to political speech - We're working with a
>> number of other public-interest organizations to ensure that the Federal
>> Election Commission (FEC) doesn't gag bloggers' election-related speech.
>> We argue that the FEC should adopt a presumption against the regulation
>> of election-related speech by individuals on the Internet, and interpret
>> the existing media exemption to apply to online media outlets that
>> provide news reporting and commentary regarding an election -- including
>> blogs. (See our joint comments to the FEC;
>> [http://www.cdt.org/speech/political/20050603cdtcomments.pdf , 332K].)
>>
>> Bloggers have the right to stay anonymous - We're continuing our battle
>> to protect and preserve your constitutional right to anonymous speech
>> online, including providing a guide to help you with strategies for
>> keeping your identity private when you blog. (See How to Blog Safely
>> (About Work or Anything
>> Else).)http://www.eff.org/Privacy/Anonymity/blog-anonymously.php
>>
>> Bloggers have freedom from liability for hosting speech the same way
>> other web hosts do - We're working to strengthen Section 230 liability
>> protections http://www.eff.org/bloggers/lg/faq-230.php
>> under the Communications Decency Act (CDA) while spreading the word that
>> bloggers are entitled to them. (See Barrett v. Rosenthal.)
>> http://www.eff.org/Censorship/SLAPP/Defamation_abuse/Barrett_v_Clark/
>>
>>
>> Related EFF cases:
>> * Apple v. Does
>> * Barrett v. Rosenthal
>> * OPG v. Diebold
>> * Doe Anonymity Cases
>> Related documents:
>> * Legal Guide for Bloggers
>> * FEC Comments (PDF)
>> * How to Blog Safely (About Work or Anything Else)
>> * --
>> http://htdaw.blogsource.com
>>
>>
>>
>>
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