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To: long-gone who wrote (61633)12/2/2000 8:50:51 PM
From: Rarebird  Read Replies (1) | Respond to of 116762
 
Judge Sides With Anonymous Chat Room Posters

Friday, December 01, 2000 07:47 PM EST

MORRISTOWN, N.J., Dec. 1 (UPI) -- A New Jersey court ruling protecting the
anonymity of Web users who post unflattering comments about corporations may set
a precedent say privacy advocates. New Jersey Superior Court Judge Kenneth
MacKenzie refused this week to order Yahoo to divulge the identities of two chat
room participants.

Morristown, N.J.-based software maker Dendrite International filed suit to learn
the identities of four chat room writers who had posted disparaging remarks
about the company, including the charge that it was engaging in illegal
activities. But the judge denied the request for a subpoena, saying Dendrite had
not demonstrated that it had been harmed.

Privacy advocates who follow the issue said it might be the first time a court
has sided with anonymous posters.

"Great decision," said Paul Levy, an attorney for Public Citizen, a
Washington-based consumer group that filed a friend-of-the-court brief on behalf
of the anonymous posters. "It seems to me to be a significant development when
people can or cannot use the judicial system to identify an anonymous poster on
the Internet. There have been a number of decisions that have said you have to
meet a certain test to achieve that aim, but this is the first time a court has
said the request doesn't meet the test."

Judge MacKenzie cited a U.S. Supreme Court ruling that set a First Amendment
basis for anonymous speech. The judge wrote that the right to speak anonymously
"in diverse contexts" is inherent in the Constitution's First Amendment
protections and that the company had failed to adequately show that its damage
warranted revoking the posters' First Amendment right to remain unknown.

Levy said many people view anonymous speech as less credible, raising the bar
for companies who try to use the courts to unmask their critics.

"When you read something in a chat room, you don't know whether the information
is reliable. The courts have to make sure companies have suffered real damage
and aren't just trying to identify disgruntled employees so they can fire them,"
Levy said.

Levy suggested the ruling would be cited as a precedent in similar cases
nationwide, even though Judge MacKenzie's ruling is not binding beyond New
Jersey's borders. Corporations have filed dozens of similar lawsuits against
anonymous online critics, but so far, none have gone to trial. Levy said
companies would likely think twice now before filing legal action.

For its part, Dendrite is celebrating a partial victory. While Judge MacKenzie
ruled in favor of the two anonymous defendants who fought the subpoena in court,
he ruled that legal efforts against two other anonymous posters who did not
challenge the subpoena request could proceed.

An attorney for Dendrite said the company is pleased with that part of the
ruling and will "vigorously pursue" the case against the remaining defendants.

(reported by J. MARK HUFFMAN in Washington, D.C.)

(c) 2000 UPI All rights reserved.

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Copyright 2000 by United Press International.



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To: long-gone who wrote (61633)12/2/2000 8:52:59 PM
From: Rarebird  Respond to of 116762
 
Cantwell confirmed as New Senator from Washington State

Saturday, December 02, 2000 06:21 AM EST

WASHINGTON, Dec. 2 (UPI) - Maria Cantwell, a dot-com millionaire who paid for
her own campaign, won a seat in the U.S. Senate, beating incumbent Slade Gorton,
a recount has confirmed, CNN reported Friday.

Her election gives Democrats a guaranteed Senate majority - but only for 17 days
in January -- after which the Senate may have a 50-50 party split.

The machine recount carried Cantwell's margin of victory slightly above 2,000
votes. Before the recount it had been slightly less.

Gorton, a close advisor to Senate Majority Leader Trent Lott, conceded Friday
night.

If George W. Bush wins the presidency, his Republican sidekick Dick Cheney will
be the tie breaking Republican vote in a Senate with 50 members from each party.
But if Vice President Al Gore occupies the White House, his vice president Joe
Lieberman will have to relinquish his Senate seat and a Republican governor is
expected to appoint a Democrat to replace him, restoring Republican dominance -
by one vote.

Cantwell, 42, had served in the House for one term. Gorton, 72, first won
election to the Senate 20 years ago.

During the 17 days that Democrats will assume control of the Senate - with Vice
President Gore the tie breaker -- Democratic Leader Tom Daschle said he will
propose a resolution that gives Democrats control of Senate committees, but will
not attempt to pass any legislation, CNN reported.

(c) 2000 UPI All rights reserved.

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Copyright 2000 by United Press International.



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To: long-gone who wrote (61633)12/2/2000 8:59:58 PM
From: Rarebird  Read Replies (2) | Respond to of 116762
 
U. Wisconsin Hillel highlights hate crimes with mock trial

Thursday, November 30, 2000 07:52 PM EST

MADISON, Wis., Nov 30, 2000 (The Daily Cardinal, U-WIRE via COMTEX) -- A
21-year-old University of Wisconsin-Madison student was on trial for a hate
crime Wednesday. He was alleged to have been outside of a Lesbian Gay Bisexual
Transgender dance at Memorial Union where a fight broke out, apparently
motivated by prejudice against gays.

This was the scenario presented at Hillel's Hate Crime Mock Trial, an exercise
to promote awareness of prejudice and hate crimes. This is the third mock trial
that Hillel has organized as a means of promoting awareness of hate crimes.

"(The mock trials) were originally designed to put issues of social importance
up for discussion," Hillel adviser Lauren Bloom said.

The defendant was on trial for both battery and a hate-crime enhancer, which
would intensify a verdict based on the crime's prejudicial nature. The scenario
was intentionally set up so that the focus would remain on the question of hate
crimes.

"A hate crime is a crime motivated because of race, sexual preference,
ethnicity, etc.," said Andrzej Pease, who played the police officer on the
scene. "It's not based on the race or sexual preference of the victim, but on
the perception of their race or sexual preference."

The jury decided on a unanimous conviction of battery, but when it came to the
hate crime enhancer they were split five-to-four in favor of no enhancer.

"We have to determine if the defendant was even partially motivated by
prejudice, if 1 percent was based on homophobia, even if 99 wasn't, he is guilty
of a hate crime, according to Wisconsin state law," jury member Kevin Otten
said.

Determining what is a hate crime is subject to interpretation, and the trial
exemplified the complications dealt with in a court of law.

"There is a dangerous weakness in the definition of 'hate crime,'" said Marcus
Peterson, who acted as a friend of the defendant. "Perception makes the job of
the prosecution and jury very complicated."

A clear-cut conclusion of this complicated issue was not reached during the
exercise, but the exercise brought it to discussion amongst the students.

"I came because I thought the idea of a mock trial was interesting, and because
it was about hate crimes, which is something I feel very passionate about,"
Otten said. "It was a very valuable experience, because it drew a lot of
attention to issues which people don't talk about, issues which are relevant and
important."

Assistant State Public Defender Mitchell Cooper, who acted as the judge,
emphasized the importance of this issue on campuses today.

"It is a relevant topic, but is particularly relevant on a college campus where
there is more diversity then people have confronted in their (past)
experiences," he said.

He said the issue of hate crimes has pertinent on campus.

"It is relevant particularly at UW-Madison which draws students predominantly
from in-state, where they come from homogenous communities. Some may feel
baffled by diversity and this is a way for them to become more sensitive to the
things around them," he said.

Another trial is scheduled for next semester.

By Alexandra Gekas
dailycardinal.com

(c) 2000 The Daily Cardinal, U. Wisconsin and U-WIRE

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KEYWORD: MADISON, Wis.
SUBJECT CODE: News
Crime On Campus
Gay/Lesbian/Bisexual

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