IP: EU Legislative Proposal to Outlaw Anonymous E-Mail (via NTK)

[Dave Farber <farber@cis.upenn.edu>]

>From: "Rob Raisch" <raisch@rivalworks.com>
>To: "Dave Farber" <farber@cis.upenn.edu>
>
>(It is always amazing to me how quickly we treat the Internet as sui
>generis, how easily we expect our technology to bear the burden of illegal
>acts.  </rr>)
>
>REPORT on the draft Joint Action, adopted by the Council on the basis of
>Article K.3 of the Treaty on European Union, to combat child pornography on
>the Internet (10850/5/98
>(archived at: http://www.ntk.net/anoneu/ )
>
>The Joint Action to combat child pornography on the Internet which is under
>discussion in the Council is intended to step up the measures to prevent and
>combat the production, processing, distribution and possession of child
>pornography and to encourage the detection and prosecution of offences in
>this area.
>
>Amendments include: (g) the sending of anonymous e-mail is prohibited.
>
>(In McIntyre v. OHIO (1995), the U.S. Supreme Court wrote:  "Whatever the
>motivation may be, at least in the field of literary endeavor, the interest
>in having anonymous works enter the marketplace of ideas unquestionably
>outweighs any public interest in requiring disclosure as a condition of
>entry."  Mrs. McIntyre was a housewife who, unhappy with her local school
>board, printed leaflets criticizing them at election time that did not
>include her name - therefore violating an Ohio election statute - and was
>fined $100, but in the grand American tradition, fought the fine all the way
>to the Supreme Court and won.  </rr>)
>--
>Rob Raisch CTO - RivalWorks, Inc. <http://www.raisch.com>