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| Friday, 11 August, 2000, 14:17 GMT 15:17 UK Analysis: French court tackles the internet ![]() Yahoo!: Based in the US but on trial in France By BBC News Online's Tarik Kafala A court in Paris on Friday deferred its decision on a landmark ruling on the regulation of the internet. The court hearing the case against Yahoo!, a leading US internet service provider, asked for more technical advice to be submitted. The court is struggling with a ruling on whether Yahoo! should be forced to comply with French laws and prevent internet users in France from accessing a site that sells Nazi memorabilia. Under French law, the site is considered to incite racism. The case has raised many fundamental questions relating to freedom of speech, and the primacy of national law in one country over a company that operates in another, in a medium that is by its nature international. The case also highlights the difficulties that lawmakers all over the world are having in keeping up with the speed of technical innovation. International v national law If the court finally rules against Yahoo!, it will make material in a foreign language and not specifically aimed at the French population illegal under French law, simply because a French internet user can gain access to it.
But Yahoo! is based in Santa Clara, California, and the company has argued that closing the offending sites would contravene the first amendment of the US Constitution. Yahoo! could, if the ruling goes against it, face daily fines of up to $150,000. The court in Paris has ruled out fining the company for the time being. New rules for a new medium There have been attempts at regulating the internet, but these have centred on the security of information on the web, combating hackers and cyber crime. One of the difficulties faced by advocates of internet regulation is that the United States, the leader in the field, has shied away from censorship of the medium because of a strong tradition of the protection of freedom of speech. At last month's G8 summit in Okinawa, Japan, delegates discussed, but did not agree on, the adoption of standardised rules at the national level on internet regulation. Tackling cyber-crime Interpol, the International Criminal Police Commission, is considering setting up an international intelligence network to help companies and governments cope with the rising tide of cyber-crime.
Individual governments are forming their own high-tech crime units to combat cyber-crime in accordance with their own laws. Filtering systems Central to the Yahoo! case, is the technical question of whether internet filter systems, that might for example prevent internet surfers in France from accessing particular sites, actually work. Filtering systems do exist which allow internet service providers to know which country a web surfer is accessing the internet from, and therefore to shut access to particular websites. However, these systems are far from fool proof because not all web users are nationally labelled. While developing and implementing the technology that would make web filters complete is technically possible, it would place substantial overhead on web use. |
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