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Can Europe block racist Web sites from its borders?

[ Bei einem launigen "I hope you haven't been drinking" an
[ die Cockpit-Mannschaft eines Airliners etwa, hoert sich
[ free speech allerdings auch im land of the free auf
[ http://www.jsonline.com/news/metro/dec02/105834.asp?format=print
[ oder http://www.ohio.com/mld/ohio/news/local/4808587.htm

-> http://www.cnn.com/2003/LAW/02/06/findlaw.analysis.ramasastry.cyberlaw/index.html
( alternativ http://writ.news.findlaw.com/ramasastry/20030205.html )

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Can Europe block racist Web sites from its borders?

By Anita Ramasastry
FindLaw Columnist
Special to CNN.com

(FindLaw) -- Based on a treaty that went into effect in January,
Europe is attempting to shut out racist and xenophobic "hate"
Web sites. Meanwhile, a new contact network "operating round
the clock and seven days a week," is being set up to provide
European police forces with immediate assistance with their


The depth of the contrast between U.S. and European law can
be illustrated by the case of Gerhard Lauck. Lauck publishes Nazi
newspapers and a Nazi Web site from Nebraska with impunity.
The site is legal in the U.S., but it is illegal in Germany, which has
laws against Nazi propaganda that apply to any Web site Germans
can access, wherever it is located. (Jurisdiction over even those sites
outside Germany was upheld in a December 2000 German case.)

While the U.S. may be horrified to become a haven for such
cyberhatemongers as Lauck, it can at least be proud of being
a haven for free speech at the same time.

Anita Ramasastry, a FindLaw columnist, is an assistant professor
of law at the University of Washington School of Law in Seattle
and the associate director of the Shidler Center for Law, 
Commerce & Technology.

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