April 11, 2005

ICANN do whatever I want

The Ninth Circuit held last week (in McNeil v. Verisign, Inc.) that ICANN isn't a state actor and therefore isn't required to respect free speech or due process rights under the U.S. Constitution. (For general background, see these law review symposium issues: 6 J. Small & Emerging Bus. L. no. 1 (Spring 2002) and 15 J. Marshall J. Computer & Info. L. no. 3 (Spring 1997).)

UPDATE: Eric Goldman lists previous decisions declining to find state action by private Internet entities here.

1 comment:

Bar View said...

I wonder if there is a state statute that protects against private violations of constitutional rights. The Massachusetts Civil Rights Act does.