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Critics attack French court ruling on site access

OUT-LAW News, 22/11/2000

The Information Technology Association of America (ITAA) yesterday criticised the French court ruling this week to block access to a Yahoo! site auctioning Nazi memorabilia as turning a blind eye to both free speech and the global nature of the internet.

The ITAA is a body that seeks to provide global public policy, business networking, and national leadership to promote the continued rapid growth of the IT industry. It consists of 400 direct and 26,000 affiliate corporate members throughout the US and a global network of 41 countries' IT associations.

On Monday, Judge Jean-Jacques Gomez ordered Yahoo! to restrict internet users in France from accessing pages on its US site that include material in breach of French anti-racism laws.

“No one should confuse the horrors of the Nazi period with critical rights to free speech that this ruling impacts,” said ITAA President Harris Miller. “This ruling sets a dangerous precedent for governments like the Chinese that are also taking moves to limit access to internet content."

Miller said the ITAA is troubled by any attempt to “zone” the internet to make it acceptable to particular jurisdictions or to block content access by internet users in particular countries.

The managing director of Yahoo! France has said that “Anyone putting content on the internet, as of now, is going to have to make sure it is compliant with at least 180 countries’ laws around the world.” A Yahoo! lawyer questioned, “Just because you put up a web site, are you responsible for all the laws of all the countries in the world, and not just the ones you are targeting?”

Yahoo! argues that it did not target the French market, pointing to the fact that its French site, yahoo.fr, bans auctions of Nazi material in accordance with French law. The company has not yet announced whether it will appeal the ruling.

 

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