EFFector, Vol. 14, No. 36; Nov. 14, 2001

EFFector Vol. 14, No. 36 Nov. 14, 2001 editors@eff.org

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

In the 196th Issue of EFFector (now with over 29,700 subscribers!):

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EFF Applauds Court Decision Protecting U.S. Website Against Foreign Court's Anti-Speech Order

San Jose, California - U.S. District Court Judge Jeremy Fogel ruled last week that a French court decision holding Yahoo liable for First Amendment protected expression on its U.S. website could not be enforced in U.S. courts

This is an important decision for international free speech rights on the Internet, as it could help prevent a "race to the bottom" that would allow the most restrictive countries of the world to chill the First Amendment rights of Americans on American websites.

EFF joined the ACLU and several other groups in an amicus brief arguing that Yahoo!'s U.S.-based website was protected by the First Amendment and warning that enforcement of the French decision here risked subjecting all U.S. speakers to the more speech-restrictive laws of other countries.

The case arose after a French non-profit group dedicated to eliminating anti-Semitism successfully obtained a court order against the availability of Nazi materials via Yahoo!'s websites. This prohibition included not only the auctioning of Nazi and related memorabilia but also "access via Yahoo.com" to any site or service that "may be construed as constituting an apology for Nazism or a contesting of Nazi crimes." For instance, Judge Fogel found that the search engine at Yahoo.com produced 3,070 hits for "Jewish conspiracy" and 821 hits for "Holocaust did not happen.'" The French order required Yahoo.com to prevent French persons' access to such sites.

Yahoo! brought this case in the United States arguing that the French order was not enforceable for its U.S.-based site. Yahoo! operates two types of websites: sites like Yahoo.com are based in the United States and use the English language. Regional sites like Yahoo.fr are based outside the United States, are operated by subsidiary corporations, and target the local population using the region's primary language. Yahoo! France operated under local law and complied with the French court order on the Yahoo.fr site.

EFF expects that the decision will be appealed to the Ninth Circuit and intends to continue participating as the case progresses. The case is Yahoo!, Inc. v. La Ligue Contre le Racisme et l'Antisémitisme, ___ F.Supp.2d ___, 2001 WL 1381157 (N.D.Cal. Nov. 7, 2001). The text of Judge Fogel's decision is available at
http://www.eff.org/Cases/LICRA_v_Yahoo/20011107_us_distct_decision.html

Exchange Ideas with Larry Lessig at EFF Benefit Dinner

You are invited to join Stanford University Law Professor and Electronic Frontier Foundation (EFF) Board Member Larry Lessig for an intimate conversation regarding his new book over dinner and drinks. This exchange of ideas will take place on Monday, November 26th, at 8:30 p.m. and will benefit EFF's work to protect rights in the digital age.

On November 26th at 6:00p.m., Larry will speak on his new book, "The Future of Ideas," at the Commonwealth Club in San Francisco. In the book, Lessig warns of the dangers of corporate power strangling public interest online. He argues that these powerful forces could usher in a new "Dark Age" in which ideas are more strictly monitored and filtered than at any time in our history.

After the event, Larry will engage a dozen interested people at the upscale new Japanese restaurant Ozumo for a meal in the Sunken Kotatsu room.

Seated on cushions around a low wooden table, you will have the chance to discuss Larry's book and ideas with him in an intimate personal setting while enjoying excellent food. You will also be contributing to an important cause, as the money raised from this unusual evening will go to furthering the work of the Electronic Frontier Foundation.

The evening includes the opportunity to talk with Larry about his thoughts for the future and how we can affect it, your dinner and drinks, a signed copy of "The Future of Ideas," and a ticket to the speech at the Commonwealth Club.

The cost is $500. As there are only 12 available seats, space will fill up quickly.

Please contact Katina Bishop for more information and to RSVP at:
+1 415-436-9333 x101 or katina@eff.org

The Eleventh Annual International EFF Pioneer Awards Call for Nominations

In every field of human endeavor, there are those dedicated to expanding knowledge, freedom, efficiency, and utility. Many of today's brightest innovators are working along the electronic frontier. To recognize these leaders, the Electronic Frontier Foundation established the Pioneer Awards for deserving individuals and organizations. The Pioneer Awards are international and nominations are open to all. The deadline for nominations this year is Feb. 15, 2002 (see nomination criteria and instructions below).

You may send as many nominations as you wish, but please use one e-mail per nomination. You may submit your entries to us via e-mail to: pioneer@eff.org. Just tell us:

You may attach supporting documentation as RTF files, Microsoft Word documents, or other common binary formats, or as plain text. Individuals, or representatives of organizations, receiving an EFF Pioneer Award will be invited to attend the ceremony at the Foundation's expense.

There are no specific categories for the EFF Pioneer Awards, but the following guidelines apply:

The 11th annual EFF Pioneer Awards will be presented in San Francisco, California, in conjunction with the 12th Conference on Computers, Freedom, and Privacy (CFP2002). All nominations will be reviewed by a panel of judges chosen for their knowledge of the technical, legal, and social issues associated with information technology.

EFF Thanks PFU America, Inc. for Their Generous Donation

EFF thanks PFU America, Inc. (PAI) for their donation of a Happy Hacking Keyboard.

PAI distributes these minimalist keyboards, popular among programmers and system administrators. The keyboard helps saves our desktop space with its tiny form factor. PAI site for more information:
http://www.pfuca.com/

A black Happy Hacking Lite II, donated to EFF by a PAI representative at the Annual Linux Showcase conference, now adorns EFF's server room.

[Note: EFF does not do commercial product or service endorsements, and cannot recommend one brand over another, though we gratefully thank in-kind donors for equipment that we can use.]

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Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org

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