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Lawsuit Blasts Kentucky Web Policy
by Michael Martinez
Civil liberties advocates on Monday filed a lawsuit on behalf of the author of a Web log in Kentucky that they say is being censored by a filtering initiative to prohibit state employees from accessing certain Web sites while they are at work.
The group Public Citizen filed the suit in U.S. district court in Frankfort, Ky. Public Citizen claims Mark Nickolas, the author of the liberal Web log, or blog, the Bluegrass Report, has been unfairly targeted by the initiative because of critical comments he has posted on his site about Republican Gov. Ernie Fletcher.
Nickolas is the former campaign manager of Rep. Ben Chandler, D-Ky., who ran against Fletcher for governor in 2003.
Fletcher's filtering initiative has been expanded this summer to include more Web sites that frequently distract state employees while they are on the job. The governor's office has said its filtering policy is content-neutral and narrowly tailored to ensure that employees abide by the state government's acceptable use policy for computer usage.
But Public Citizen and Nickolas contend that his blog was targeted by the state's Web filtering software only after he was quoted in a front-page story in The New York Times about Fletcher, who was indicted in May on three charges of conspiracy, official misconduct and political discrimination related to his hiring practices.
The suit demands that the court issue a preliminary and permanent injunction against the state's Web filtering program, and that the court declare the initiative unconstitutional.
"The state has not consistently enforced its ban and has not yet given a coherent reason why blogs devoted to news and politics should be treated any differently than traditional news sites," Public Citizen Attorney Greg Beck said in a press release. "The circumstances of this case suggest that the state intentionally targeted Bluegrass Report because of the political content of the site."
The state's Web filtering policy "selectively classifies Web sites as blogs because those Web sites contain view points and content of which the state disapproves," according to the suit.
Public Citizen cites the continued availability of several conservative Web sites, such as the one authored by commentator Anne Coulter, as evidence that the state's ban on blogs has been applied inconsistently. As of June 30, state employees still had access to Coulter's site, as well as the popular Drudge Report site. The suit also accuses Fletcher's office of failing to provide "any rational basis" for distinguishing blogs from Web sites that belong to traditional print and broadcast news organizations.
Fletcher's "censorship of all sites the state classifies as blogs is arbitrary, standardless, and constitutes content-based discrimination against non-traditional news Web sites, including BluegrassReport.org, in favor of mainstream news Web sites," the suit said.
North Carolina Cable Bill Sent To Governor
A video franchising reform measure in North Carolina is awaiting the signature of Gov. Mike Easley to become law.
The bill, H.B. 2047, would overhaul the Tar Heel State's video franchising rules by allowing new entrants to its cable market to apply for statewide franchises. Current rules require video providers to enter each locality separately.
The measure cleared the state assembly on Monday by a 111-5 vote. It was sent back to that chamber after the state Senate earlier this month adopted amendments affecting state sales taxes on phone and video services.
A similar measure was vetoed this week by Louisiana Gov. Kathleen Blanco. In a statement sent to lawmakers, she said the proposal threatened to harmfully interfere with contracts that already exist between video providers and local governments.
"Despite substantial efforts to determine with some certainty the actual impact of the bill on local government funding from existing cable franchise fee contracts, there remains significant doubt," Blanco, a Democrat, said. "Both the proponents and opponents of the bill express confidence in their conflicting points of view. If the bill became effective and the result was significant revenue loss to local government, as many have reported, traditional vital services for our citizens would have to be cut or those citizens may be asked to pay increased taxes."
A video franchising bill cleared by lawmakers in New Jersey last month awaits action from Democratic Gov. Jon Corzine.
AGs Team Up With Tobacco Firm To Curb Illegal Sales
The top law enforcement officials in 33 states on Monday announced agreements with one of the nation's largest tobacco companies to curb illegal cigarettes sales over the Internet.
According to the National Association of Attorneys General, the prosecutors will work with Lorillard Tobacco to implement new measures to terminate mail-order and Web-based shipments of cigarettes to the company's customers and reduce the amount of products the company makes available to re-sellers via the Web. Lorillard is the third largest tobacco company in the United States.
"The bottom line here is that kids will have less access to cigarettes," Iowa Attorney General Tom Miller, co-chairman of the NAAG Tobacco Committee, said in a press release. "And that's very important because most smokers start when they are young. Most traditional retailers check photos IDs to prevent children from buying cigarettes, but the great majority of Internet sellers have wholly inadequate age-verification systems."
NAAG reached a similar agreement earlier this year with Philip Morris USA, the nation's largest tobacco company. The NAAG contends that almost all Internet cigarette sales are illegal because they violate state age-verification and tax laws, as well as federal mail and wire fraud statutes.
"It is nearly always illegal to sell or buy cigarettes over the Internet," Idaho Attorney General Lawrence Wasden said. "Lorillard should be commended for taking a major step to cut off the supply of cigarettes for subsequent illegal Internet sales. I hope other tobacco companies will follow Lorillard's lead."
Philadelphia Hires New Chief For Wireless Project
Philadelphia officials last week tapped Greg Goldman, a former national sales manager at developer Korman Communities to head a nonprofit organization charged with deploying a wireless high-speed Internet network throughout the city.
Goldman will serve as CEO of Wireless Philadelphia, which has partnered with EarthLink to complete the citywide broadband project. His duties will include forging partnerships with business and community-based non-profits throughout the state.
"When implemented, this program will significantly enhance the tourist experience, improve city services and promote small business," Goldman said in a statement. "Most significantly, it will enhance access and opportunity for individuals and communities that are underserved through digital inclusion programs."
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