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