Monday, April 29, 2013

Communications Decency Act (CDA) and Reno v. ACLU

Communications Decency Act (CDA)- a US law designed and enacted to protect minors from indecent and obscene communications - was addressed in Reno v. ACLU 521 US 844 (1997) when the US Supreme Court in a unanimous opinion declared CDA's anti-obscenity and anti-indecency provisions to be unconstitutional, as these affected the rights of adults in addition to curbing obscenity and indecency.

Sunday, April 28, 2013

YouTube Case Media Round up

The media reports on Lahore High Court's proceedings in the YouTube case:

International Case Law on Web/Internet Blocking


WP: 958/2013
Bytes for All
Federation of Pakistan etc

A Brief Overview of the Case Law Available On Blocking of Websites Internationally

Respectfully Sheweth:-

That Your Lordship had instructed me to collect existing case law internationally that pertains to our case. The following case law is instructive:-

1.      Yildrim v. Turkey (December 2012)
-        In this case European Court of Human Rights (ECHR) decided that a Court order blocking access to “Google Sites” in Turkey was a violation of Article 10 of the European Convention of Human Rights (ECHR Law).
-        In 2009 the Denizli Criminal Court ordered the blocking of an Internet site whose owner had been accused of insulting the memory of Mustafa Kemal Atatürk, the founder of Modern Turkey. The order was issued as a preventive measure in the context of criminal proceedings against the site’s owner.
-        The blocking order was submitted for execution to the Telecommunications Directorate (“TİB”). Shortly afterwards, the TİB asked the court to extend the scope of the order by blocking access to Google Sites, which hosted not only the site in question but also the applicant’s site. The TİB stated that this was the only technical means of blocking the offending site, as its owner lived abroad.

Mr. Yasser Latif Hamdani at the Stockholm Internet Forum


Mr. Yasser Latif Hamdani, Advocate High Court,  the lead counsel in the YouTube Case i.e. Bytes For All v. Federation of Pakistan WP 958/2013 in the Lahore High Court Lahore in Pakistan, is scheduled to attend the Stockholm Internet forum from 21 May 2013 to 24 May 2013, on the invitation of Swedish Ministry of Foreign Affairs and the nomination of Bytes For All Pakistan. He is one of the five Pakistani delegates at the forum and shall be raising awareness about the latest legal developments vis a vis issues of law, internet, privacy and control as faced by the citizens of Pakistan.

The picture above is of the historic Town Hall in Stockholm. This is where the delegates will be received by the representatives of the Kingdom of Sweden on the 21st of May.

Saturday, April 27, 2013

YouTube Case : Bytes For All v. Federation of Pakistan. Lahore High Court Lahore. Update

By Yasser Latif Hamdani

Update on Bytes For All v. Federation WP 958/2013 aka “Youtube Case” before Justice Mansoor Ali Shah of the Lahore High Court Lahore.  I shall refer to myself as “counsel” throughout.
26.4.2013 – today – was the 7th date of hearing in the Youtube Case.  The counsel arrived at the Court at 0830. Justice Mr. Shah addressed the counsel and informed him that the hearing was fixed for 1230.  The counsel returned to the Court at 1230. At this time the following Amicus Curiae were also present: