Major Decision on Community Standards for Internet Governance & More on Judicial Transparency

by Berin Szoka on February 8, 2010 · Comments

Just the other day, I complained about the fact that New York Federal district court overseeing the Google Books settlement apparently doesn’t plan to webcast the final public hearing that will take place on February 18 in this hugely important case about the future of digital books and copyright. Now I discover that the 11th Circuit Court of Appeals (which covers Florida, Georgia & Alabama) has issued a decision with even more far-reaching applications—allowing prosecutions for online obscenity distribution according to local “community standards” wherever a user might have downloaded the material—without even publishing the landmark decision!

Adam discussed this obscenity/localism issue in detail back in 2004. Eugene Volokh explains the substance of this decision:

United States v. Little concludes that Internet obscenity distribution prosecutions may rely on the community standard of the place in which the material was distributed — which means the government can try to download the material in the most restrictive community, and prosecute the distributor there.

If left to stand, this decision could essentially amount to a ban on hardcore pornography in the U.S.—with the definition of “obscenity” being left to local puritanical politicians in the country’s most socially traditionalist backwaters, subject only to some general restraint by the courts as to just how far the definition of “obscenity” can be pushed. Volokh continues: Continue reading →

Comments Posted in: E-Government & Transparency, First Amendment, Free Speech & Online Child Safety, Sin on the 'Net

TPW 43: Public Access to Court Records

by Berin Szoka on March 6, 2009 · Comments

Conversations about how the Internet can be used to increase the openness and accountability of government usually focuses on the Executive and Legislative branches of the Federal government.  But on this week’s episode of Technology Policy Weekly, I hosted a discussion of the equally vital issue of public access to court records, joined by:

We discussed a wide range of issues, including:

  • Why lay people should care—this is ultimately about reducing the legal profession’s monopoly over access to the courts!
  • The philosophical reasons why better access to court records is important – little things like democracy, fairness, consistency, equality, the rule of law, etc.
  • The copyrightability of legal records
  • The history of the problem & what can be done about it

There are several ways to listen to the TLF Podcast. You can press play on the player below to listen right now, or download the MP3 file. You can also subscribe to the podcast by clicking on the button for your preferred service. And do us a favor, Digg this podcast!

 
icon for podpress  TPW 43: Internet Access to Court Records [31:55m]: Play Now | Play in Popup | Download

Comments Posted in: Copyright, E-Government & Transparency, Inside the Beltway (Politics), Podcast