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Why Europe still doesn't get the Internet

16-06-2003 3:20pm

#1

dahamsta

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Why Europe still doesn't get the Internet
By Declan McCullagh
June 16, 2003, 4:00 AM PT

One of the finest days in Internet law dawned on June 12, 1996, when U.S. District Judge Stewart Dalzell wrote an opinion that was remarkable for its clarity and prescience.
At the time, Dalzell was serving on a three-judge panel that rejected the absurd Communications Decency Act as a violation of the First Amendment's guarantee of free expression.

Dalzell recognized that the U.S. government's true fear of the Internet was not indecency or obscenity, but hypothetical worries about how "too much speech occurs in that medium." Dalzell and eventually the Supreme Court realized that the best way to foster the soon-to-be spectacular growth of the Internet was to reduce government regulation--not to increase it.

Unfortunately, Europeans still haven't quite figured that out. The Council of Europe--an influential quasi-governmental body that drafts conventions and treaties--is meeting on Monday to finalize a proposal that veers in exactly the opposite direction. (It boasts 45 member states in Europe, with the United States, Canada, Japan and Mexico participating as non-voting members. Its budget is about $200 million a year, paid for by member governments.)

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