Legal Issues

Children\'s Internet Protection Act May See A Court

Wired Is Reporting the coalition of public libraries, library patrons and website operators that filed the challenge in March against the Children\'s Internet Protection Act of 2000 may get its\' day in court, next February.

The Justice Department, which is representing
the Federal Communications Commission and
the Institute of Museum and Library Services
in the suit, asked a federal court in
Philadelphia to dismiss the case saying the
challenge is without merit.

They must be too busy praying in the office to have the time to actually defend this one.

\"\"There are a zillion issues here,\" Chief Judge
Edward Becker of the 3rd U.S. Circuit Court of Appeals told a team of Justice Department attorneys during
an hour-long hearing.\"

Boycott Adobe Launches

boycottadobe.com has hit the web.

Russian programmer Dmitry Sklyarov was arrested by federal agents in Las Vegas, Nevada. His crime: pointing out major security flaws in Adobe PDF and eBook software.
Adobe decided to call in the FBI to prosecute him under the Digital Millennium Copyright Act, or DMCA.

Skylarov Arrest Follow-up

Slashdot just posted a follow up on the big eBook Arrest


In one of the first cases of criminal prosecution under a 1998 federal digital copyright law [The DMCA], a 27-year-old Russian cryptographer was arrested at a Las Vegas hotel on Monday morning, a day after giving a presentation to a large convention of computer hackers on decrypting the software used to protect electronic books.

Dmitri Sklyarov, who was being held in Las Vegas without bail, is being charged with one count of trafficking in software to circumvent copyrightable materials and one count of aiding and abetting such trafficking.

What he did wrong seems to read like what librarians do every day.

\"Nathanson told me that the real damage done by the AEBPR program is that it creates a \"naked file\" that enables anyone to read the eBook on any computer without paying the feed to the bookseller. Only one legitimate copy of the encrypted eBook needs to be purchased originally and after the protections are stripped through the usage of the Elcomsoft program, there are no restrictions and the eBook can be duplicated freely and made available for usage on any computer.\"
Read The Complaint and see what you think.

Tasini Round-Up

Three Tasini related stories that have most likely passed through LISNews in the past weeks, but you may have missed them, I apparently did, it\'s hard to keep up sometimes.


Freelancers Fear Blacklisting, a group of freelance writers are claiming that they are the next victims to be blacklisted.

Tasini Takes on The New York Times Again, Jonathan Tasini threatened another suit over what he sees as strong-arm tactics to subvert a ruling on freelancers\' rights.

Stop the Trash Trucks: A Tasini Case Damage-Control Proposal, considers an alternative that would protect the ultimate consumer as well as the future interests of all the creators and handlers of the material.

Conviction for child porn fiction

A guy on probation for a child pornography conviction has been convicted again, this time under an Ohio law which bans the possession of obscene "material" involving children. The material in this case was a private journal of fiction -- stories about molesting and torturing children that the slimeball wrote and kept in his home.

As someone with the Ohio ACLU chapter says, "His thoughts may be disturbing and repugnant, but he has got a right to have them and write them down for his own use." A guilty plea was entered, so there will be no constitutional challenge unless a petition to change the plea is successfully made.

Read the Associated Press story.

I question the adequacy of the reporter\'s characterizations of the National Law Center for Children and Families as an organization that "helps prosecutors in child porn cases" and of the Family Research Council as one that "fights child pornography."

Squeamish Librarians

Mary Minow sent along This Story from Reason.com on the MN 12.

Something I learned from this story, that I don\'t recall from all the others was According to press accounts, the EEOC is encouraging the library to settle the case by paying the librarians a total of $900,000.
The author sympathizes with the librarians, but says under the First Amendment, the librarians ought not be able to use the federal government, and the threat of massive legal liability, to force the library into making this decision.

\"This is just the latest great leap forward for harassment law. Harassment law already forces employers to suppress sexually suggestive displays (not by any means limited to pornography), sexual jokes, politically offensive statements, and religious proselytizing.\"

NYT Book Reviews back issues before 1996 Gone

Mary Minow writes \"One of our eagle-eyed bibliographers found This Today on the NY Times site:

\"Search The New York Times on the Web Books


* Books Archive: For the past four years, it has been our pleasure to provide a full-text search of the New York Times Books archive of reviews, news and author interviews dating back to 1980.


To comply with a recent United States Supreme Court decision, we are limiting that search to the period from January 1, 1996 to the present. In the period prior to 1996, The Times typically did not have written agreements with freelance book reviewers to permit republishing reviews in
electronic form. -- Read More

A New York Library and University of Pittsburgh Clash Over Documents

This sounds almost like a custody battle of sorts, but it\'s over some documents. They\'ll either go to one library, or the other, or they\'ll \"visit\" both. [more...] from The Pittsburgh Tribune Review. Even more here from The Pittsburgh Post Gazzette.

Happy Valentine\'s Day CIPA

The U.S. District Court in Philadelphia Tuesday ordered February 14, 2002 as the date for a civil suit to overturn the Children\'s Internet Protection Act (CIPA). [more...] from NewsBytes.

Talk About High Turnover

People at the Lee County Library System in Florida seem to have trouble holding onto emplyees. Since 1999, they have lost ten administrators. Some blame the director. [more...] from News Press.

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