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general internet news & research papers - Mar 29
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Sponsored by the Singapore Internet Research Centre
Nanyang Technological University, Singapore
http://www.ntu.edu.sg/sci/sirc/
Internet in Asia blog: http://sirc.blogspot.com/
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RESEARCH PAPERS
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Internet Stings Directed at Pedophiles: A Study in
Philosophy and Law by JOSEPH S. FULDA
Abstract: This paper considers a jurisprudential issue
that has heretofore not received much attention: Do
Internet Stings Directed at Pedophiles Create
Offenders or Capture Offenders? to paraphrase my 2002
article in Sexuality and Culture which opened this
subject. Section II presents the jurisprudential
argument, while Section I gives a framework for
classifying work in jurisprudence as (1) an
application of ethics and allied fields to legal
matters - the traditional definition, (2) a
philosophical examination of a legal question, the
argument does not depend on ethical premises but
rather given data only appeals to (already) shared
ethical premises, and (3) a kind of examination that
takes existing legal frameworks as a given and then
makes an ethical argument within those frameworks,
with the aim of achieving logical coherence of the
whole.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=672042
Technology and Internet Jurisdiction by JOEL
REIDENBERG (University of Pennsylvania)
Abstract: The current technology of the Internet
creates ambiguity for sovereign territory because
network boundaries intersect and transcend national
borders. In this environment, jurisdiction over
activities on the Internet has become a battleground
for the struggle to establish the rule of law in the
Information Society. This essay argues first that the
initial wave of cases seeking to deny jurisdiction,
choice of law and enforcement to states where users
and victims are located constitutes a type of 'denial
of service' attack against the legal system. In
effect, the defenders of hate, lies, drugs, sex,
gambling and stolen music use technologically based
arguments to deny the applicability of rules of law
interdicting their behavior. The essay next shows that
innovations in information technology will undermine
the technological assault on state jurisdiction.
Innovation creates this counter-intuitive effect
because more sophisticated computing enlists the
processing capabilities and power of users’ computers.
This interactivity gives the victim's state a greater
nexus with offending acts and provides a direct
relationship with the offender for purposes of
personal jurisdiction and choice of law. Some of these
same innovations also enable states to enforce their
decisions electronically and consequently bypass the
problems of foreign recognition and enforcement of
judgments. Finally, the essay argues that the exercise
of state power through assertions of jurisdiction can
and should be used to advance the development of more
granular technologies and new service markets for
legal compliance. Technologies should be available to
enable Internet participants to respect the rule of
law in states where their Internet activities reach.
Assertions of state jurisdiction and electronic
enforcement are likely to advance this public policy.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691501
Does Online Dispute Resolution Need Governmental
Intervention? The Case for Architectures of Control
and Trust by Thomas Schultz
Many believe that cyberspace was born out of a world
of no regulation. And many believe that the future of
dispute resolution lies in the absence of the state.
The general view of online dispute resolution (“ODR”)
follows from these beliefs: it is a new and promising
form of dispute resolution, and it takes place in
cyberspace; consequently it should be left to
self-regulation. It is this view that I want to
challenge. I contend that ODR requires governmental
intervention to develop fully, to lessen the gap
between its potential and its actual use—a gap that is
huge. The argument for this assertion follows a
simple path: ODR is in need of trust, trust can be
provided through architectures of control, and such
control should be in the hands of government in order
to induce trust. My article moves in two parts, the
first descriptive, the second prescriptive. Part I
provides that confidence is hardly present in the
absence of control. I begin with an examination of
the confidence problem ODR faces. I then propose a
solution to that problem: control. The lack of
control induces a lack of confidence in ODR. Control
of ODR needs to be established. This entails setting
in place an architecture of control of ODR in order to
increase confidence. Only then will it be utilized on
a large scale. Part II maintains that this control
should be in the hands of the government.
http://www.jolt.unc.edu/Vol6_I1/web/Schultz%20v6i1.htm
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CENSORSHIP, FILTERING & CONTENT REGULATION
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au: Conference to develop new anti-child abuse
strategies
Northern Territory police will work on ways to reduce
the level of child abuse at a national conference
later this year.
http://abc.net.au/news/newsitems/200503/s1331655.htm
cn: Chinese universities crack down on Internet forums
Universities across China are tightening controls on
student-run Internet discussion forums as part of a
Communist Party campaign to strengthen what it calls
"ideological education" on campuses. The crackdown has
caused widespread resentment among students and
prompted at least two recent demonstrations.
http://www.chron.com/cs/CDA/ssistory.mpl/world/3103053
http://www.washingtonpost.com/wp-dyn/articles/A61334-2005Mar23.html
ca: Child porn crusade comes to Norfolk
A province-wide campaign against child pornography
came to the council chamber at Governor Simcoe Square
this week.
http://simcoereformer.ca/story.php?id=150853
us: Collins Stewart hunts down internet libeller
The ability of users of internet bulletin boards to
remain anonymous was placed in serious doubt yesterday
after Terry Smith, chief executive of City firm
Collins Stewart Tullett, won a landmark libel
settlement.
http://www.guardian.co.uk/online/news/0,12597,1444515,00.html
us: Keeping kids safe in cyberspace: Hudson technology
director to discuss Internet dangers tonight
With ever younger kids surfing the Net, it's time to
teach them the ABCs of safely navigating cyberspace,
according to the schools' technology director Ellen
Schuck.
http://www.metrowestdailynews.com/localRegional/view.bg?articleid=93887
my: Where danger lurks
Safe surfing online advice: Today's parents boast of
the fact that their children are using the Internet
for school projects or to improve their learning
skills. The children using the Internet are younger
than five years ago since more families are now
Internet-savvy. Some preschoolers even have their own
e-mail accounts. Surfing the Internet expands the
world of learning for both adults and children.
http://thestar.com.my/lifestyle/story.asp?file=/2005/3/24/features/10489038&sec=features
us: Internet safety class to be offered for parents
and kids
The Internet can be a valuable tool for youngsters
seeking information or keeping in touch with their
friends and families, but it can also expose children
and teens to danger.
http://www.paynesvillearea.com/news/HeadlinesArticles/0323internet.html
us: Testing Internet Filtering Worldwide: The Saudi &
Chinese Approaches
On 24/3 Jonathan Zittrain and John Palfrey presented
research done through the Open Net Initiative on
Internet filtering in Saudi Arabia and China as part
of the East Asian Legal Studies Lunchtime Speaker
Series. HLS’s Berkman Center, the Munk Centre for
International Studies’ Citizen Lab, the University of
Toronto, and the Advanced Network Research Group at
the Centre for Security in International Security at
Cambridge University founded the Open Net Initiative
to study the public unavailability of information and
sites online. Most recently ONI released two reports
documenting Internet filtering in Saudi Arabia and the
United Arab Emirates.
http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=701
Korean swingers face porn charges for Web pics
More than 150 suspected South Korean swingers were
being questioned by police on Wednesday for possibly
violating pornography laws by posting naked pictures
of themselves on a Web site for spouse swapping,
police said.
http://news.com.com/2100-1030_3-5631727.html
http://reuters.co.uk/newsArticle.jhtml?type=internetNews&storyID=7978869
cn: Journalist and cyber-dissident Zheng Yichun held
on subversion charge
Zheng Yichun, who has been detained since 3 December,
faces a heavy prison sentence for writing dozens of
articles for newspapers and websites based abroad. He
is one of five dissident journalists to be imprisoned
in the past four months in a crackdown that is
condemned by Reporters Without Borders.
http://www.rsf.org/article.php3?id_article=12997
by: KGB and police seize independent weekly's
computers
Reporters Without Borders today condemned the
confiscation of four computers and printing equipment
from the independent weekly Zhoda yesterday in Minsk
by plain-clothes members of the Belarusian KGB and
local police. The newspaper, which has a circulation
of 5,000, is accused of illegally installing its
offices in an apartment.
http://www.rsf.org/article.php3?id_article=13003
vn: Reporters Without Borders urges amnesty for
cyberdissident Pham Hong Son
Reporters Without Borders urged the EU Commissioner
for External Relations and the US Secretary of State
to press for cyberdissident Pham Hong Son, about to
start a fourth year in jail, to be included in an
forthcoming amnesty announced by the Vietnamese
authorities.
http://www.rsf.org/article.php3?id_article=12982
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LEGAL AND SECURITY
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us: Yahoo challenges French fine in U.S. appeals court
Lawyers for Yahoo Inc. returned to a federal appeals
court Thursday, pleading for legal protection for
U.S.-based Internet portals whose content is protected
by the First Amendment in the United States, but
illegal in foreign countries.
http://www.siliconvalley.com/mld/siliconvalley/11220045.htm
http://hosted.ap.org/dynamic/stories/Y/YAHOO_NAZI_AUCTIONS
http://news.com.com/Appeals+court+hears+Yahoos+Nazi+case/2100-1030_3-5636695.html
http://www.usatoday.com/tech/news/techpolicy/2005-03-24-yahoo-nazi_x.htm
us: Oral Arguments Heard in Free Speech Case
The Ninth Circuit Court of Appeals heard arguments
Thursday in an ongoing lawsuit by Yahoo to protect its
U.S. web publications from liability under French
content regulations. The case is a major test for free
speech online, determining whether Internet
publications that are lawful in the U.S. might still
have to comply with the laws of any country in the
world where they can be read.
http://cdt.org/jurisdiction/20040921amici.pdf
uk: Judge's warning on chatrooms as he jails web
predator
A JUDGE warned of the dangers of online chatrooms
yesterday as he jailed an internet predator for ten
years.
http://news.scotsman.com/scotland.cfm?id=316992005
Google ensnared in a war of words
The growing number of lawsuits against Google around
the world could diminish advertising revenue by
reducing the number of search words that could be sold
to competitors.
http://iht.com/articles/2005/03/27/business/google28.html
us: Officers turn to computer sleuths
A rapid rise in child pornography and other Internet
crimes in South Dakota has led to a backlog of
computers awaiting examination.
http://www.argusleader.com/apps/pbcs.dll/article?AID=/20050325/NEWS/503250337/1001
us: Dempsey and Louie: On a Tightrope:
An unusual task force began meeting shortly after the
Sept. 11, 2001, terrorist attacks. The group's
members, known as the Markle Foundation Task Force on
National Security in the Information Age, were
determined to find a way to prevent such awful events
from happening again. Composed of about 50 prominent
experts, the task force met frequently in small groups
and as a whole to analyze and discuss the problem with
senior Bush administration officials.
http://www.markle.org/weekly_digest/weeklydigest_vol.4_issue13.pdf
us: Beauty queen sues 59 over net sex romp
Former Miss West Virginia Allison Williams is taking
the big stick to 59 defendants for allegedly selling a
fake sex video of her on the internet. The video -
punted via websites showing the real Ms Williams in
beauty queen regalia - claims to show the law school
student engaged in sex acts in a news truck during a
stint as a news reporter.
http://www.theregister.co.uk/2005/03/23/beauty_queen_lawsuit/
http://www.nylawyer.com/news/05/03/032305r.html
us: Apple's Legal Drive to Stifle Web Sites Is
Fruitless So Far (available free for limited time, reg
req'd)
Apple's legal campaign does not appear to have slowed
the flow of information about details and announcement
dates of new Apple products.
http://nytimes.com/2005/03/24/technology/24apple.html
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POLICY
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nz: Draft Internet Code of Practice released
InternetNZ today released the draft Internet Code of
Practice for public consultation. The draft code and
accompanying media release are available. Submissions
close on Friday 29 April 2005 and these will be posted
on the website.
http://internetnz.net.nz/icop/index.html
us: Utah Internet Porn Law May Face Challenge
Internet service providers that operate in Utah must
offer customers a way to block porn sites under a law
signed this week. ISPs complained that the law adds
nothing to the fight against pornography, and said a
legal challenge is likely.
http://abcnews.go.com/Technology/wireStory?id=613297
http://www.herald-review.com/articles/2005/03/27/ap/hitech/d8923i7o0.txt
http://hosted.ap.org/dynamic/stories/I/INTERNET_PORN
http://cdt.org/headlines/headlines.php?hid=759
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SPAM
*****
Bad e-mail habits sustains spam
The 'bad behaviour' of e-mail users is helping to
sustain the spam industry, a new study has found.
http://news.bbc.co.uk/2/hi/technology/4375601.stm
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INTERNET & NEW TECHNOLOGY USE
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Take Your Porn on the Road
Is PSPcasting the killer app for mobile porn? The
creator of a program that converts several digital
video formats for viewing on the PlayStation Portable
is too modest to say.
http://wired.com/news/culture/0,1284,67007,00.html
uk: Communication gap exists between MPs and
communities – study
British politicians are off target in their efforts to
communicate with the voting public to gain their
support, according to a report from internet service
provider Telewest. Voters were questioned from
communities across the UK and while the younger age
group was most likely to turn a blind eye to
politicians unless contacted online, a different
approach was required for older voters. Overall, the
study indicated that a communication gap exists
between MPs and the communities who elect them, a
problem that is particularly acute amongst younger
constituents.
http://www.dmeurope.com/default.asp?ArticleID=6901
uk: Channel Five launches video download store
Offering videos of car reviews from motoring programme
Fifth Gear, Channel Five is the first UK broadcaster
to open a legal video download shop, in partnership
with production house North One Television and digital
media solutions provider 7 Digital.
http://www.dmeurope.com/default.asp?ArticleID=6946
DVDs to remain popular, despite new technologies
coming on line
More consumers want instant access to video on their
TV sets, portable devices and mobiles, but DVDs will
continue to be a popular medium and will continue to
experience substantial growth, according to
projections from market researcher In-Stat.
http://www.dmeurope.com/default.asp?ArticleID=6936
PCs In-Use Surpassed 820M in 2004. Will Top 1B in 2007
(news release)
The U.S. has a large lead with over 220M PCs in-use -
over 3X the number in Japan. The U.S. accounts for
over 27% of all PCs in-use compared to 4.6% of
worldwide population
http://c-i-a.com/pr0305.htm
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ONLINE MUSIC & P2P
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se: Internet Movie Download Case to Be Prosecuted
A Swedish prosecutor has charged a man with making a
movie available for download from his computer, the
first such case in the Nordic country as it clamps
down on sharing copyrighted material over the
Internet.
http://www.reuters.com/newsArticle.jhtml;?storyID=7997951
ca: Canada considers file-swap crackdown
Ottawa is moving to restrict music sharing with
proposed amendments to Copyright Act
http://globetechnology.com/servlet/story/RTGAM.20050324.gtcopyrightmar24/BNStory/Technology/
us: Music pirates choose iPods over P2P
As legal music downloading takes off as never before,
music pirates are shunning peer-to-peer services in
favor of using iPods to swap music.
http://news.com.com/2100-1027_3-5634177.html
http://www.clickz.com/stats/sectors/entertainment/article.php/3492356
http://www.usatoday.com/tech/news/2005-03-24-file-sharing_x.htm
us: Music and Video Downloading
About 36 million Americans—or 27% of internet
users—say they download either music or video files
and about half of them have found ways outside of
traditional peer-to-peer networks or paid online
services to swap their files.
http://www.pewinternet.org/PPF/r/153/report_display.asp
us: File-Sharing Case Worries Indie Artists
Recording industry executive Andy Gershon sees
opportunity in the online file-sharing networks that
most of his rivals decry as havens for music pirates.
As president of V2 Records, home to such established
acts as The White Stripes and Moby, Gershon mines such
Internet distribution channels for new fans and
revenues.
http://hosted.ap.org/dynamic/stories/F/FILE_SHARING_ARTISTS
http://www.usatoday.com/tech/news/techpolicy/2005-03-25-indie-file-sharing_x.htm
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COMMENT, MICROSOFT & DEVELOPMENTS
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Rolling out next generation's net
The body that oversees how the net works and evolves
says it has coped well in the last 10 years.
http://news.bbc.co.uk/2/hi/technology/4368387.stm
Supercomputer gets even faster
The world's fastest supercomputer, Blue Gene, has
broken its own speed record, reaching a trillion
calculations a second.
http://news.bbc.co.uk/2/hi/technology/4379261.stm
Firefox add-on lets surfers tweak sites, but is it
safe?
That's one cautionary note making the rounds along
with a popular new extension for Firefox that lets
people customize Web pages they visit without the
knowledge or cooperation of Web publishers. The
extension, dubbed Greasemonkey, lets people run what's
known as a "user script," which alters a Web page as
the page is downloaded.
http://news.zdnet.com/2100-1009_22-5631009.html
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ARRESTS/COURT CASES FOR CHILD PORN
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ca: Military officer charged with possession of child
pornography
A military officer has been charged with possession of
child pornography, following an investigation by the
Canadian Forces National Investigation Service.
http://news.yahoo.com/news?tmpl=story&u=/cpress/20050324/ca_pr_on_na/military_child_porn_1
ca: Internet pedophile targets Victoria teen
A Victoria teenager's foray into Internet chatrooms
has become part of a police investigation focusing on
an international child pornography ring.
http://www.canada.com/victoria/timescolonist/news/story.html?id=d22a1134-56fa-4a67-ba29-51de92e79edc
us: Jackson judge blocks 'porn pics'
The judge at Michael Jackson's trial has barred
prosecutors from showing the jury evidence of
pornographic images stored on the singer's computers.
http://news.bbc.co.uk/2/hi/entertainment/4376959.stm
us: State suspends orthodontist's license
State health officials have suspended the license of a
Covington orthodontist who has already been sentenced
to two months in jail for possessing child pornography
and communicating with a minor for immoral purposes.
http://seattlepi.nwsource.com/local/217713_license26.html
us: Former Terrace Bay teacher hit with child-luring
charges
A former Northwestern Ontario educator has been
charged with luring children over the Internet.
http://www.chroniclejournal.com/story.shtml?id=26385
us: Aberdeen resident heading to prison for child
pornography
An Aberdeen man will spend 180 days in prison as the
result of purchasing child pornography.
http://www.aberdeennews.com/mld/aberdeennews/news/11227705.htm
us: Woman Arrested for Child Pornography
Samantha Harty was arrested Wednesday. She is charged
with one count of child pornography.
http://www.whbf.com/Global/story.asp?S=3122716
us: Child Porn Sting Nabs Martin Schools Official
A Martin County schools official resigned Thursday
after being arrested for allegedly ordering child
pornography videotapes from an undercover U.S. postal
inspector.
http://news.yahoo.com/news?tmpl=story&u=/wdiv/20050325/lo_wpbf/2642875
us: Former Terrace Bay teacher hit with child-luring
charges
A former Northwestern Ontario educator has been
charged with luring children over the Internet.
http://www.chroniclejournal.com/story.shtml?id=26385
us: Hartsville man sentenced in child porn case
A Hartsville man was sentenced Thursday to more than
two years in prison for possession of child
pornography.
http://morningnewsonline.com/servlet/Satellite?pagename=FMN/MGArticle/FMN_BasicArticle&c=MGArticle&cid=1031781804670
us: Former teacher sentenced to 17.5 years for child
pornography
A former high school math teacher was sentenced
Wednesday to 17 years in federal prison for
distributing child pornography on the Internet.
http://www.macon.com/mld/macon/news/local/11212307.htm
us: N.C. man charged with felony child pornography
A man who allegedly watched online while a grandfather
sexually abused his 10-year-old granddaughter in
another state is charged with conspiring to produce
child pornography.
http://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=/20050323/APN/503230753
http://journalnow.com/servlet/Satellite?pagename=WSJ/MGArticle/WSJ_BasicArticle&c=MGArticle&cid=1031781744052
us: Child Porn Suspect Commits Suicide In Jail
A 64-year-old Lakeside man charged with possessing and
distributing child pornography in a worldwide
operation strangled himself with a bed sheet at the
George Bailey Detention Facility, authorities said.
http://www.nbcsandiego.com/news/4315331/detail.html
http://www.10news.com/news/4314409/detail.html
http://www.signonsandiego.com/news/metro/20050323-1543-defendantsuicide.html
http://www.signonsandiego.com/news/northcounty/20050324-0341-childporn.html
us: Child porn probe leads to Smithfield
An international child pornography investigation
originating in Denmark and Norway led federal agents
to a Smithfield home where agents seized computers and
other equipment.
http://www.newsobserver.com/news/story/2250368p-8630499c.html
us: Martin County school administrator resigns after
child porn arrest
A Martin County school administrator resigned Thursday
after being arrested for allegedly ordering child
pornography videotapes over the Internet from an
undercover investigator, officials said.
http://www.sun-sentinel.com/news/local/treasurecoast/sfl-pchildporn25mar25,0,666151.story
http://www.palmbeachpost.com/localnews/content/news/feeds/0324porn.html
us: Former deputy attorney general pleads guilty in
child porn case
A former California deputy attorney general pleaded
guilty to possession of child pornography, the Orange
County district attorney's office said Thursday.
http://www.sanluisobispo.com/mld/sanluisobispo/11222778.htm
http://www.kesq.com/Global/story.asp?S=3123882
us: FBI charges man with child porn on Net
A Jamestown man who allegedly performed sexual acts
with a young girl at his residence for another man
online in North Carolina now faces federal
child-pornography charges, authorities said Wednesday.
http://www.buffalonews.com/editorial/20050324/1034131.asp
us: NJ Man Charged With Child Porn
An Evesham Township, New Jersey, man is under arrest
Wednesday, charged with child pornography following a
month long investigation.
http://kyw.com/Local%20News/local_story_083001127.html
us: Roanoke Rapids Man Accused of Trying to Produce
Child Porn
A Roanoke Rapids man is accused of conspiring to
produce child pornography that depicts a grandfather
having sex with his ten-year-old granddaughter.
http://abclocal.go.com/wtvd/news/032305_APstate_porncharges.html
us: ORMER ATLANTA TEACHER SENTENCED TO 17 ˝ YEARS
PRISON FOLLOWING A CHILD PORNOGRAPHY CONVICTION
ALBANY, Ga.-U.S. Immigration and Customs Enforcement
(ICE) announced that a former Lee County 8th grade
math teacher was sentenced yesterday in federal
district court to 17 ˝ years prison and three years
supervised release after being found guilty on four
counts of child pornography charges.
http://www.ice.gov/graphics/news/newsreleases/articles/albany_032405.htm
us: FORMER MIDDLE SCHOOL TEACHER SENTENCED FOR
CRIMINAL SEXUAL CONDUCT AND MANUFACTURING CHILD PORN
A former Warren middle school teacher was sentenced
yesterday to five to 20 years in prison following an
investigation by U.S. Immigration and Customs
Enforcement (ICE).
http://www.ice.gov/graphics/news/newsreleases/articles/video032405.htm
us: ICE, TASK FORCE ARREST NASHVILLE CHRISTIAN RADIO
DJ FOR POSSESSING CHILD PORN
A local Christian radio personality was arrested
Thursday for possessing child pornography, following a
Violent Crimes Task Force investigation led by U.S.
Immigration and Customs Enforcement (ICE).
http://www.ice.gov/graphics/news/newsreleases/articles/nash_032205.htm
+++++++++++++++++++++++++++++++
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Also see
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for an archive or to subscribe to the domain name or
general internet news.
Sources include Quicklinks <http://qlinks.net/> and
BNA Internet Law News <http://www.bna.com/ilaw/>.
+++++++++++++++++++++++++++++++
(c) David Goldstein 2005
David Goldstein
address: 2/4 Dundas Street
COOGEE NSW 2034
AUSTRALIA
email: Goldstein_David@yahoo.com.au
phone: +61 418 228 605 - mobile; +61 2 9665 0015 - home
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