IP: EFFector 14.10: Anonymity Victory in Medinex Case; COPA Case to SupCt

[David Farber <dave@farber.net>]

>
>     EFFector       Vol. 14, No. 10       May 25, 2001     editor@eff.org
>
>    A Publication of the Electronic Frontier Foundation     ISSN 1062-9424
>
>     IN THE 170th ISSUE OF EFFECTOR (now with over 27,500 subscribers!):
>
>      * Sharing the News - Changes and Victories at EFF
>      * EFF Victory with Medinex Case
>      * Media Intern Needed at EFF
>      * Child Online Protection Act Case Goes to Supreme Court
>
>    For more information on EFF activities & alerts: http://www.eff.org
>
>    To join EFF: http://www.eff.org/support/
>      _________________________________________________________________
>
>Sharing the News - Changes and Victories at EFF
>
>    While we usually let the content of our EFFector newsletter speak for
>    itself, this issue we'd like to address you, the subscriber, more
>    directly. We're excited about some recent changes and victories and
>    want to share the news with you. The fight for online civil liberties
>    is alive and well! Our readership has grown over the past year, and
>    the community of people like you who read our newsletter is now more
>    than 27,000, with more and more of you joining as members every day --
>    doubling our membership over just the past four months to nearly 4,500
>    supporters. You're helping us do what EFF does best, which is to be on
>    the cutting edge in identifying emerging threats to Internet freedom
>    and acting to stop these threats.
>
>    Just last month, supporters packed a New York courtroom as EFF's legal
>    team defended free speech in the appeal of 2600 Magazine against eight
>    major motion picture studios, based upon the magazine's publication of
>    and links to computer code that would enable DVDs to be played on
>    computers using the Linux operating system. On April 20th, hundreds of
>    people turned out as EFF launched our "Open Audio License" at the New
>    York Music & Internet Expo, where EFF board member John Perry Barlow,
>    was honored for his work to promote liberty and artist empowerment. As
>    you'll read below in this issue of EFFector, EFF just won several more
>    victories for free speech rights online as Medinex dropped its law
>    suit against anonymous online critics, and the U.S. Supreme Court
>    agreed to hear arguments on the unconstitutionality of the Child
>    Online Protection Act (COPA).
>
>    You probably agree with us that there is a lot at stake for all of our
>    rights. Join us -- we really need your support in order to be able to
>    continue our important work. If you're already a member, please
>    consider making an additional donation to our work.
>
>    You can join/donate online at:
>    http://www.eff.org/support
>    Please don't hesitate to write to us at EFF. Thanks for your support.
>      _________________________________________________________________
>
>Medinex Drops Suit Against Anonymous Online Critics
>
>   EFF Celebrates Another Successful Defense of Free Speech Rights Online
>
>     Electronic Frontier Foundation Media Advisory
>
>     For Immediate Release -- May 22, 2001
>
>     Contact:
>
>      Lauren Gelman, EFF Public Policy Director
>      gelman@eff.org
>      +1 202-487-0420
>
>      Robert C. Holtzapple, Farella, Braun & Martel
>      bholtzapple@fbm.com
>      +1 415-954-4400
>
>    San Francisco -- Medinex Systems, Inc., yesterday dismissed its suit
>    intended to force disclosure of the identities of 14 John Does who
>    participated on a Yahoo! message board devoted to discussions about
>    the company. The Electronic Frontier Foundation (EFF), along with San
>    Francisco law firm Farella, Braun & Martel, defended the right of
>    these anonymous critics to express their views online without fear of
>    arbitrary disclosure of their identity.
>
>    "It's clear from the dismissal of its lawsuit that Medinex's primary
>    goal was to identify and silence their critics," said Lauren Gelman,
>    EFF's Director of Public Policy. "This is simply one more example of a
>    company dropping a spurious lawsuit once EFF steps in to protect
>    individuals right to speak anonymously."
>
>    Medinex sued the John Does, identified by their screen names such as
>    "zippershut," "awe2bad4mdnx," and "dotcommie2000" after they made
>    remarks critical of the company on Yahoo! message boards. Medinex
>    stock has dropped precipitously in the past few months and is
>    allegedly on the verge of being dropped from the NASDAQ exchange for
>    non-compliance with NASDAQ's $1 minimum bid price requirement.
>
>    The critics, some self-identified as shareholders and employees of the
>    company, stated their opinions about the mismanagement of the company
>    and other factors leading to its financial difficulties. Medinex
>    alleged defamation, tortious interference with business relationship
>    and wrongful interference with a prospective economic advantage. The
>    company then issued a subpoena to Yahoo! in California seeking the
>    identities of their critics without first proving any illegal actions.
>
>    A similar case entitled In re 2theMart.com, in which a Seattle court
>    quashed a subpoena seeking the identity of Internet posters on an
>    Infospace message board after a motion brought by the EFF and the ACLU
>    of Washington, may have influenced Medinex's dismissal.
>
>    "These people were simply expressing their opinions. Unfounded
>    subpoenas such as these chill everyone's speech on the Internet. Since
>    some of the Does claim to be employees, we are also worried that
>    Medinex brought this suit in order to identify and retaliate against
>    them, rather than because of any real defamation," said Robert
>    Holtzapple of Farella, Braun and Martel, which is handling the matter
>    pro bono.
>
>    Background materials about this case are available on the EFF website
>    at:
>    http://www.eff.org/Cases/Medinex_v._Awe2bad4mdnx/
>
>    Materials concerning the 2TheMart case are available at:
>    http://www.eff.org/Cases/2TheMart_case/
>
>    The Electronic Frontier Foundation ( http://www.eff.org ) is the
>    leading civil liberties organization working to protect rights in the
>    digital world. Founded in 1990, EFF actively encourages and challenges
>    industry and government to support free expression, privacy, and
>    openness in the information society. EFF is a member-supported
>    organization and maintains one of the most-linked-to websites in the
>    world.
>      _________________________________________________________________
>
>EFF Seeks Media Intern
>
>    The Electronic Frontier Foundation seeks a Media intern to focus on
>    media tasks such as media interview assignments, media releases, media
>    professional relationships, and mediabase and media coverage archival.
>
>    Basic HTML skills and general computer competence necessary. Very
>    helpful if you have your own laptop and/or home Internet access.
>
>    Interns will be in the San Francisco Bay Area, and in the EFF office
>    at least two days per week. School credit may be available.
>
>    Timeframe: Needed immediately, for each semester. Minimum commitment 2
>    days per week for at least three months.
>
>    For more information, see the EFF website at:
>    http://www.eff.org/jobs#vol0
>
>    Or contact Will Doherty, Online Activist / Media Relations
>    wild@eff.org
>      _________________________________________________________________
>
>Supreme Court to Hear Child Online Protection Act Case
>
>   Electronic Frontier Foundation Confident COPA Still Unconstitutional
>
>     Electronic Frontier Foundation Media Advisory
>
>     For Immediate Release
>
>    Contact:
>
>      Shari Steele, Executive Director, EFF
>      ssteele@eff.org +1 415 436-9333 x103
>
>      Will Doherty, Media Relations, EFF
>      wild@eff.org +1 415 436-9333 x111
>
>    San Francisco -- The Electronic Frontier Foundation (EFF) today
>    welcomed the United States Supreme Court decision yesterday to hear
>    arguments on the Child Online Protection Act (COPA).
>
>    "COPA is just as unconstitutional now as when federal courts struck it
>    down in 1999 and again in 2000," confirmed Shari Steele, EFF Executive
>    Director. "We are pleased the United States Supreme Court has agreed
>    to hear the case so that COPA can follow its predecessor, the
>    Communications Decency Act, into the dustbin of history."
>
>    In a legal challenge argued in 1999 by the Electronic Frontier
>    Foundation in conjunction with the American Civil Liberties Union and
>    the Electronic Privacy Information Center, a federal court issued a
>    preliminary injunction against enforcement of the law on the grounds
>    that it is probably unconstitutional. On June 22, 2000, the Third
>    Circuit Court of Appeals upheld the injunction because "we are
>    confident that the ACLU's attack on COPA's constitutionality is likely
>    to succeed on the merits."
>
>    The COPA legislation is overly broad, vague in defining key terms such
>    as "commercial," illegally attempts to force adults to give up privacy
>    to exercise their right to read, places prior restraints on
>    publication, and enforces a flawed "community standards" approach that
>    would allow the most conservative jurisdiction in the United States to
>    set the "decency" standards for all Web content nationally (indeed,
>    globally).
>
>    "Providing a safe environment for children online is a laudable goal,
>    but COPA unnecessarily sacrifices constitutionally protected free
>    speech for adults in a fatally flawed attempt to 'protect' children,"
>    commented Will Doherty, EFF Online Activist.
>
>    The Children's Online Protection Act, also known as "CDA II," was part
>    two of Congress' ongoing attempts to "protect" children while negating
>    the First Amendment of the U.S. Constitution. Part one was the
>    Communications Decency Act (CDA) and part three is the Children's
>    Internet Protection Act (CHIPA or CIPA).
>
>    For more information on the COPA case, see
>    http://www.eff.org/Legal/Cases/ACLU_v_Reno_II/
>
>    For more information on the CHIPA cases, see
>    http://www.eff.org/Legal/Cases/Multnomah_Library_v_US/
>
>    For more information on the CDA case, see
>    http://www.eff.org/pub/Legal/Cases/EFF_ACLU_v_DoJ/
>
>    For more information on related online free speech issues, see
>    http://eff.org/br/
>
>    The Electronic Frontier Foundation is the leading civil liberties
>    organization working to protect rights in the digital world. Founded
>    in 1990, EFF actively encourages and challenges industry and
>    government to support free expression, privacy, and openness in the
>    information society. EFF is a member-supported organization and
>    maintains one of the most linked-to Web sites in the world:
>    http://www.eff.org
>      _________________________________________________________________
>
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>
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>
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>    Stanton McCandlish, EFF Technical Director/Webmaster
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