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Randall Boe (born 1962) is the former General Counsel for AOL and has been involved in several cases regarding internet law. He was named the commissioner of the Arena Football League in March 2018.
Boe was born in Ohio and grew up in Iowa City, Iowa. He attended the University of Wisconsin–Madison and graduated in 1983 with majors in political science and economics. He graduated from the University of Pennsylvania Law School in 1987. After graduation, he worked at Arent, Fox, Kintner, Plotkin & Kahn in Washington, D.C.
In 1995, Boe represented Joe Shea, the publisher of the American Reporter , in a challenge to the recently passed Communications Decency Act (CDA) over concerns that the Act made it illegal to publish, distribute or disseminate "indecent" material on the Internet. Boe was the lead counsel in Shea v. Reno, filed in federal court in New York at about the same time as the ACLU filed their challenge to the same statute in Philadelphia. A three judge panel, led by Judge José A. Cabranes, unanimously ruled in July 1996 that the Communications Decency Act was unconstitutionally vague and overbroad and enjoined its enforcement. The government appealed the decisions in both Shea v. Reno and ACLU v. Reno . Ultimately, the Supreme Court affirmed the judgements in both cases.
Boe then joined America Online's legal department. He led AOL's defense in Zeran v. America Online, Inc. , the first time the immunity provisions of Section 230 of the Communications Decency Act were invoked. [1] He also participated in Sidney Blumenthal's defamation lawsuit against AOL and Matt Drudge and Doe v. AOL. [2] Boe was also involved in lawsuits regarding junk e-mail. Under his direction, AOL began filing a series of civil lawsuits to collect damages from spammers. Boe testified before Congress [3] on the issue and contributed to Virginia's Anti-Spam law, [4] as well as the Federal CAN-SPAM Act of 2003.
Boe was a part of the legal team on the "AOL Access Crisis of 1996 and 1997", leading to settlements with State Attorneys' Generals over marketing practices. [5] After the AOL-Time Warner merger closed in 2001, Boe was named AOL's General Counsel. In 2001, on behalf of Netscape, Boe filed an antitrust lawsuit against Microsoft. [6] Microsoft paid $750 million to settle the lawsuit. [7] In 2006, Boe joined a task force in response to the AOL search data scandal to investigate the matter and provide recommendations on improving AOL privacy policies. [8] In October 2006, Boe became Executive Vice President for Consumer Advocacy at AOL and stepped down as General Counsel of the company. [9]
Boe was named commissioner of the Arena Football League in 2018 after Scott Butera left the office that March. There were four active teams in the 2018 Arena Football League season. The league shut down after the 2019 season.
United States of America v. Microsoft Corporation, 253 F.3d 34, was a landmark American antitrust law case at the United States Court of Appeals for the District of Columbia Circuit. The U.S. government accused Microsoft of illegally monopolizing the web browser market for Windows, primarily through the legal and technical restrictions it put on the abilities of PC manufacturers (OEMs) and users to uninstall Internet Explorer and use other programs such as Netscape and Java.
Netscape Navigator is a discontinued proprietary web browser, and the original browser of the Netscape line, from versions 1 to 4.08, and 9.x. It was the flagship product of the Netscape Communications Corp and was the dominant web browser in terms of usage share in the 1990s, but by around 2003 its user base had all but disappeared. This was partly because the Netscape Corporation did not sustain Netscape Navigator's technical innovation in the late 1990s.
Netscape Communications Corporation was an American independent computer services company with headquarters in Mountain View, California, and then Dulles, Virginia. Its Netscape web browser was once dominant but lost to Internet Explorer and other competitors in the so-called first browser war, with its market share falling from more than 90 percent in the mid-1990s to less than one percent in 2006. An early Netscape employee, Brendan Eich, created the JavaScript programming language, the most widely used language for client-side scripting of web pages. A founding engineer of Netscape, Lou Montulli, created HTTP cookies. The company also developed SSL which was used for securing online communications before its successor TLS took over.
The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case Reno v. ACLU, the United States Supreme Court unanimously struck the act's anti-indecency provisions.
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), was a landmark decision of the Supreme Court of the United States, unanimously ruling that anti-indecency provisions of the 1996 Communications Decency Act violated the First Amendment's guarantee of freedom of speech. This was the first major Supreme Court ruling on the regulation of materials distributed via the Internet.
The Child Online Protection Act (COPA) was a law in the United States of America, passed in 1998 with the declared purpose of restricting access by minors to any material defined as harmful to such minors on the Internet. The law, however, never took effect, as three separate rounds of litigation led to a permanent injunction against the law in 2009.
American Civil Liberties Union v. Ashcroft is a lawsuit filed on behalf of a formerly unknown Internet Service Provider (ISP) company under the pseudonym John Doe, Inc. by the American Civil Liberties Union against the U.S. federal government, by the Department of Justice under former U.S. Attorney General John Ashcroft.
Zeran v. America Online, Inc., 129 F.3d 327, cert. denied, 524 U.S. 937 (1998), is a case in which the United States Court of Appeals for the Fourth Circuit determined the immunity of Internet service providers for wrongs committed by their users under Section 230 of the Communications Decency Act (CDA). Section 230(c)(1) of the CDA provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Barrett v. Rosenthal, 40 Cal.4th 33 (2006), was a California Supreme Court case concerning online defamation. The case resolved a defamation claim brought by Stephen Barrett, Terry Polevoy, and attorney Christopher Grell against Ilena Rosenthal and several others. Barrett and others alleged that the defendants had republished libelous information about them on the internet. In a unanimous decision, the court held that Rosenthal was a "user of interactive computer services" and therefore immune from liability under Section 230 of the Communications Decency Act.
Electronic Frontiers Georgia (EFGA) is a non-profit organization in the US state of Georgia focusing on issues related to cyber law and free speech. It was founded in 1995 by Tom Cross, Robert Costner, Chris Farris, and Robbie Honerkamp, primarily in response to the Communications Decency Act.
Specht v. Netscape, 306 F.3d 17, is a ruling at the United States Court of Appeals for the Second Circuit regarding the enforceability of clickwrap licenses under contract law. The court held that merely clicking on a download button does not show consent with license terms, if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license.
Bennett Haselton is the founder of Circumventor.com and Peacefire.org, two US-based websites dedicated to combating Internet censorship. Peacefire.org is focused on documenting flaws in commercial Internet blocking programs. Circumventor.com is dedicated to distributing anti-censorship tools to users in countries such as China and Iran, and as of 2011 has over 3 million subscribers through distribution channels including email and Facebook pages.
Microsoft has been involved in numerous high-profile legal matters that involved litigation over the history of the company, including cases against the United States, the European Union, and competitors.
"Embrace, extend, and extinguish" (EEE), also known as "embrace, extend, and exterminate", is a phrase that the U.S. Department of Justice found was used internally by Microsoft to describe its strategy for entering product categories involving widely used open standards, extending those standards with proprietary capabilities, and using the differences to strongly disadvantage its competitors.
The Electronic Frontier Foundation (EFF) is an international non-profit advocacy and legal organization based in the United States.
Section 230 is a section of Title 47 of the United States Code that was enacted as part of the Communications Decency Act of 1996, which is Title V of the Telecommunications Act of 1996, and generally provides immunity for online computer services with respect to third-party content generated by its users. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users:
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name. A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post.
Nicholas Merrill is an American system administrator, computer programmer, and entrepreneur. He is the founder of Calyx Internet Access, an Internet and hosted service provider founded in 1995, and of the non-profit Calyx Institute. He was the first person to file a constitutional challenge against the National Security Letters statute in the USA PATRIOT Act and consequently the first person to have a National Security Letter gag order completely lifted.
The EARN IT Act is a proposed legislation first introduced in 2020 in the United States Congress. It aims to amend Section 230 of the Communications Act of 1934, which allows operators of websites to remove user-posted content that they deem inappropriate, and provides them with immunity from civil lawsuits related to such posting. Section 230 is the only surviving portion of the Communications Decency Act, passed in 1996.
Green v. America Online, Inc., 318 F.3d 465 (2003), was a case of the United States Court of Appeals for the Third Circuit, over the protections granted to Internet service providers from legal liability for tort offenses committed by their users.