[kictanet] Kenya IGF on line Discussions Day 2: Intermediary Liability

[Kivuva]

Controlling content on the internet is very hard because "What is a
crime in one geographical region is not necessarily a crime in another
jurisdiction." There is precedence elsewhere. This was evident in the
Yahoo-France Memorabilia Court Case where LICRA complained that Yahoo!
were allowing their online auction service to be used for the sale of
memorabilia from the Nazi period, contrary to Article R645-1 of the
French Criminal Code. The defense rested on the fact that these
auctions were conducted under the jurisdiction of the United States.
It was claimed that there were no technical means to prevent French
residents from participating in these auctions, at least without
placing the company in financial difficulty and compromising the
existence of the Internet. The defendants noted 1. that their servers
were located on US territory, 2. that their services were primarily
aimed at US residents, 3. that the First Amendment to the United
States Constitution guarantees freedom of speech and expression, and
that any attempt to enforce a judgement in the United States would
fail for unconstitutionality. For more information visit
http://en.wikipedia.org/wiki/LICRA_v._Yahoo!

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