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Publishers
FYI - in the decision in Reno v ACLU, the US Supreme Court designates the
person putting up the content as the publisher. It is not binding
precedent or anything, as the question of publication was not at issue in
the case, but it's some pretty persuasive rhetoric for people to draw from
in arguing future cases.
Justice Steves writing for the majority:
"The best known category of communication over the Internet is the World
Wide Web, which allows users to search for and retrieve information stored in
remote computers, as well as, in some cases, to communicate back to
designated sites. In concrete terms, the Web consists of a vast number of
documents stored in different computers all over the world. Some of these
documents are simply files containing information. However, more
elaborate documents, commonly known as Web "pages," are also prevalent. Each has its
own address"rather like a telephone number."(8) Web pages frequently
contain information and sometimes allow the viewer to communicate with the
page's (or "site's") author. They generally also contain "links" to other
documents created by that site's author or to other (generally) related
sites. Typically, the links are either blue or underlined textsometimes
images.
Navigating the Web is relatively straightforward. A user may
either type the address of a known page or enter one or more keywords into
a commercial "search engine" in an effort to locate sites on a subject of
interest. A particular Web page may contain the information sought by the
"surfer," or, through its links, it may be an avenue to other documents
located anywhere on the Internet. Users generally explore a given Web
page, or move to another, by clicking a computer "mouse" on one of the
page's icons or links. Access to most Web pages is freely available, but
some allow access only to those who have purchased the right from a
commercial provider. The Web is thus comparable, from the readers'
viewpoint, to both a vast library including millions of readily available
and indexed publications and a sprawling mall offering goods and services.
From the publishers' point of view, it constitutes a vast
platform from which to address and hear from a world-wide audience of
millions of readers, viewers, researchers, and buyers. Any person or
organization with a computer connected to the Internet can "publish"
information. Publishers include government agencies, educational
institutions, commercial entities, advocacy groups, and individuals.(9)
Publishers may either make their material available to the entire pool of
Internet users, or confine access to a selected group, such as those
willing to pay for the privilege. "No single organi zation controls any
membership in the Web, nor is there any centralized point from which
individual Web sites or services can be blocked from the Web."(10)
Reno v. ACLU, No. 96-511, WL 348012 (U.S. June 26, 1997).
steph@unc.edu http://blake.oit.unc.edu/~steph/