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Gotta Know When to Fold ‘Em

June 10th, 2009 by Andrew McDiarmid

In a win for free speech and openness online, the Minnesota Department of Public Safety has come to its senses and dropped its campaign to force ISPs in the state to block access to overseas gambling sites. The letter rescinding the earlier demand cited a lawsuit challenging the demand’s legality, filed by the Interactive Media and Gaming Association.

The lawsuit, in which CDT believes iMEGA would likely have prevailed, has been dismissed. As CDT wrote last month, officials had misinterpreted a federal statute in concluding that they had the authority to force the ISPs to filter the gambling sites from their Internet offerings, and that such demands raise serious constitutional concerns. While a spokesman insists that Minnesota has not “folded its hand,� the decision to drop the matter suggests a recognition that the effort would not have held up in court.

We at CDT applaud this reversal; it should serve as a cautionary tale for other government authorities that try to muscle up on ISPs using tenuous legal arguments. We hope the South Carolina Attorney General is paying attention to the lesson learned in Minnesota as he considers the wisdom of his crusade against Craigslist.


This entry was posted on Wednesday, June 10th, 2009 at 11:26 am and is filed under CDT, Free Expression. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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    PolicyBeta is a forum for CDT experts to discuss news and developments in the technology policy arena. Visitors are encouraged to comment on the blog or email the authors.

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