"Steven M. Bellovin" writes:
: In message <[EMAIL PROTECTED]>, "David G. Koontz" writes:
:
: >I've seen conflicting reports on who the injunction affects.
: >Is this a bit of FUD on the part of the attorney, or perhaps
: >a misquote? I was also under the impression you had to be named
: >in an injunction to be bound by it.
:
: Well, the AP story had a different quote from the attorney, so it may be
: reporter perception.
:
: As for "being named" -- well, back around 1970 or 1972, when injunctions
: against students occupying campus buildings were a favorite weapon, I asked
: some lawyers about this. I was told that no, you did not have to be named
: specifically to be bound by the injunction, and the injunction could legally
: be served by someone standing outside the occupied building with a bullhorn..
I helped a client get one of those injunctions that you were talking about,
although no students were involved in the particular case. We had to
give names to the parties we did not know---names like John Doe One,
John Doe Two, etc.---and we had to describe them (as being the persons
occupying a certain building). The rule, however, is that an injunction
(in an ordinary sort of civil action like this) is binding only on the
parties, their agents, employees, and those acting in concert with them.
The John Does in my case were parties; in this case the only parties
are the two named authors and the two named ISP's. So they, and their
agents are the only ones who can be bound by the temporary restraining
order.
It is also correct that notice of the injunction can be given by any
effective means, including bullhorns and internet mail.
There is, of course, a real problem of how an injunction can be enforced
against parties outside the jurisdiction. On the other hand, one might
expect an ISP to take the site down, rather than contest or ignore the
injunction. Which probably explains why the Swedish site is down now.
--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
EMAIL: [EMAIL PROTECTED] URL: http://samsara.law.cwru.edu
NOTE: [EMAIL PROTECTED] no longer exists
