LEEBOW AFFIDAVIT
                                       
   IN THE UNITED STATES DISTRICT COURT
   
   FOR THE NORTHERN DISTRICT OF GEORGIA
   
   ATLANTA DIVISION
   
   
   
   AMERICAN CIVIL LIBERTIES )
   
   UNION OF GEORGIA, et al., )
   
   )
   
   Plaintiffs, ) CIVIL ACTION
   
   )
   
   vs. )
   
   ) FILE NO. _______
   
   ZELL MILLER, in his official )
   
   capacity as Governor of the )
   
   State of Georgia, et al. )
   
   )
   
   Defendants. )
   
   
   
   DECLARATION OF KENNETH LEEBOW
   
   
   
   County of Cobb )
   
   State of Georgia )
   
   
   
   1. My name is Kenneth Leebow. The facts set forth in this declaration
   are based upon my personal knowledge.
   
   
   
   2. I am the President and owner of Professional Solutions, Inc., a
   Georgia corporation ("Professional Solutions") with its principal
   place of business in Marietta, Georgia. Professional Solutions has
   been in existence for fourteen years, and the original emphasis of the
   business was in the development of accounting software. Approximately
   eight years ago, the company began to market voicemail systems to
   businesses. Most recently, we have begun to provide consulting
   services to businesses to help them understand and effectively use the
   Internet as a business tool.
   
   
   
   3. In connection with my Internet consulting business, I publish a web
   page and newsletter under the pen name "Norman," or "Norman, The
   Ultimate Business Surfer."
   
   
   
   4. I originally began publishing my weekly newsletter under the pen
   name "Norman" in January 1996. The newsletter is called "Norman's
   Friday Hot Tips and Sites To Visit Newsletter," and it is distributed
   without charge by e-mail to more than 13,000 subscribers around the
   world each Friday. Anyone with access to Internet e-mail can subscribe
   to the newsletter by sending an e-mail to norman@infoback.com. This is
   an automatic e-mail service, based on a computer in Florida, which
   automatically sends a current copy of the newsletter by return e-mail
   to the requester, and will forward the request to our company in
   Georgia, so that we can add the person to our subscription mailing
   list.
   
   
   
   5. This weekly newsletter includes discussions and advice about a
   variety of Internet-related topics, and includes a number of weekly
   tips for new, interesting and helpful web sites I have located on the
   Internet. The newsletter includes editorial commentary about
   Internet-related issues. I regularly use the trade names of other
   companies in my newsletter, to describe (sometimes in critical terms)
   their activities on the Internet, and to provide links to materials
   they are making available on the Internet. I do not seek out the
   permission of these companies before I use their trade names for the
   purposes of commenting upon their activities or providing links to
   their web pages or other Internet materials.
   
   
   
   6. In addition to the newsletter, as noted above, I maintain a web
   page on the World Wide Web, also under the pseudonym "Norman." I began
   publishing this web page under this pseudonym in November 1995. The
   page can be accessed through a browser on the World Wide Web at the
   URL address http://this.is/norman. This URL address is provided by a
   company in Iceland. My web page itself is located on a computer in
   Virginia, and maintained by me and other employees of my company,
   located in Georgia.
   
   
   
   7. I publish a wide variety of information under the pen name "Norman"
   on my web home page and related web pages. Among other things, I
   publish an extensive collection of links to other web sites that I
   have collected and think are interesting and useful. This collection
   is called "Norman's List of Superior Sites on the Internet," or simply
   "Hottest Business Web Sites," at
   http://home.navisoft.com/vip/article.htm. In this site, I provide
   links to hundreds of different internet resources on a wide variety of
   different topics. My collection of links includes, for example, links
   to useful government resources, links to business resources, online
   banking services, links to shipping services like Federal Express and
   UPS for tracking packages, links to business travel planning services,
   links to resources for web page designers, links to search engines and
   directories of use to business people (such as, for example, the
   Martindale-Hubble directory of attorneys) , links to companies that
   provide software over the internet, links to resources on stocks,
   investing and brokerage firms, links to real estate resources, and
   links to job-hunting and employment resources. In the course of
   providing these links to other internet sites, I routinely use the
   trade name of corporations to which I am linking. I do not seek out
   the prior permission of these companies before using their trade name
   to provide users with links to their web sites. It would be impossible
   as a practical matter for me to obtain this permission. I do not
   intend to imply by my use of these company names that I have obtained
   their permission to link to their sites, but I have no idea whether my
   use of these names might "imply" that I had obtained permission when I
   had not.
   
   
   
   8. I am currently constructing an even more extensive collection of
   links which I plan to call "Norman's Best 1000 of the Web" which, as
   the name implies, is a collection of web pages which, in my opinion,
   reflects outstanding examples of the use of this new technology. My
   links often use the trade names of company's organizations to whom I
   am linking. I do not generally obtain their permission to provide
   these links obtain their prior permission, nor could I as a practical
   matter. I have no idea whether my use of their name implies that I
   have obtained permission to do so.
   
   
   
   8. In addition, I publish an extensive collection of links to business
   publications accessible on the Internet. This collection is called
   "Norman's List of Great Internet Publications," or simply "Hottest
   Business Publications," and is published at
   http://home.navisoft.com/vip/pub.htm. This page provides links to
   hundreds of newspapers, weekly news magazines, business magazines,
   editorial columnists, computer magazines, sports and entertainment
   magazines, and electronic newsletters and "E-zines" on various (mostly
   business-related) topics that are accessible to Internet users. In
   providing links to these magazines, again, I routinely use the trade
   name of magazines to which I am linking. I do not seek out the prior
   permission of these companies before using their trade name to provide
   users with links to their web sites. It would be impossible as a
   practical matter for me to obtain this permission. Again, I do not
   intend to imply by my use of these company names that I have obtained
   their permission to link to their sites, but I have no idea whether my
   use of these names might create that impression in the mind of an
   unsophisticated internet user who happens to view my web page.
   
   
   
   9. I also publish an editorial page on the Web under the pen name
   Norman, called "Norman Culture." The editorials are on a variety of
   subjects of interest to me. Most, but not all, are on internet or
   computer-related topics. All are published under the pen name
   "Norman."
   
   
   
   10. I also publish a page on the Web called "Ask Norman," which asks
   viewers to send an e-mail to "Norman" with questions on
   internet-related topics, or any other topics of interest to the
   viewer. I regularly receive e-mail from other Internet users addressed
   to "Norman" from this web page, and I answer this e-mail
   correspondence under the pen name Norman.
   
   
   
   11. My web page also provides a voice greeting that purports to be
   from "Norman" that anyone with RealAudio software can listen to.
   
   
   
   12. Finally, the web page describes the services that our business
   provides and gives viewers the ability to request additional
   information, to buy digital books or other information about the
   Internet, and to buy Norman paraphanalia and other products that we
   sell.
   
   
   
   13. I do not intend to deceive anyone when I use the pseudonym
   "Norman" for my on-line communications and publications. I began using
   this pen name as a creative way of expressing my ideas on the
   Internet. "Norman" was intended to be a fun, whimsical somewhat nerdy
   character that surfs the Internet for Internet resources that will be
   useful to my readers. It is a whimsical pseudonym, intended to
   communicate serious useful information content to my readers and
   potential customers on the Internet.
   
   
   
   14. Norman has become a popular character among my subscribers and
   others who view my web page. I often received correspondence and
   feedback addressed to Norman. Sometimes, I receive checks for
   merchandise or services made payable to Norman.
   
   
   
   15. I have read a copy of O.C.G.A. 16-6-93.1, the new Georgia law
   restricting communications over computer networks using a name that
   "falsely identifies" the user, or using trade names in a way that
   falsely implies permission when permission has not been obtained. I
   have no idea whether my use of the pseudonym "Norman" as a pen name
   for my online communications, or my use of trade names of the
   company's to whom I provide links would violate this law. I do not
   intend to stop publishing under the pen name Norman, nor do I intend
   to stop using the trade names of other companies in the material that
   I publish. I am concerned, however, that someone who disagreed with or
   was offended by my views could use this law to prosecute me on the
   theory that the name Norman "falsely identifies" me, or on the theory
   that my use of the trade names of the company's I comment upon or
   provide links to "implies" that I have their permission when I do not.
   
   
   
   I, Kenneth Leebow, declare under penalty of perjury that the foregoing
   is true and correct.
   
   
   
   Executed this ______ day of ____________, 1996.
   
   
   
   
   
   ________________________________
   
   KENNETH LEEBOW