Last modified on 15 June 2013, at 02:33


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  • "One question that remains is at what point an individual Net poster has the right to assume prerogatives that have traditionally been only the province of journalists and news-gathering organizations. When the Pentagon Papers landed on the doorstep of the New York Times, the newspaper was able to publish under the First Amendment's guarantees of freedom of speech, and to make a strong argument in court that publication was in the public interest. ... the amplification inherent in the combination of the Net's high-speed communications and the size of the available population has greatly changed the balance of power."
  • "... while there's no 'fair use' exception when it comes to trade secrets, anyone who discovers a trade secret without violating a confidentiality agreement can disseminate it freely. For example, if you board a commuter train in Atlanta and discover that a Coca-Cola employee has left the secret formula for the company's flagship product on one of the seats, you have no obligation not to reveal it to the world. More important, this means that newspapers often may legally publish material that may have been obtained illegally, as long as they did not induce the illegal taking or know about it beforehand and as long as no one was induced or solicited by the newspaper to steal the material in question."
  • "Publishing on the Internet is different than importing and exporting books, magazines, and newspapers. The Internet is a new forum, and there is something unprecedented in the idea of simultaneous, low-cost publication available to readers around the world. Speakers reach listeners in many places where they never could have been heard before. Listeners have access to the speech of individuals who may have a freedom to publish that is unknown in the listener's own country. Speakers and listeners will lose these benefits if Internet speech regulation is left to the determination of the most restrictive states. We also lose these benefits if regulation is so unpredictable as to make Internet speech more risky than warranted by the potential rewards it offers."
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