HB1630: EFGA's Lawsuit against the State of Georgia
We won!
The decision from Judge Shoob
In 1997 EFGA and other plaintiffs led won a preliminary injunction against the state, which effectively overturned the "no-anonymity" internet law, declaring it unconstitutional.
Our Legal Team
Scott McClain of Bondurant, Mixson & Elmore; Gerry Weber, Georgia ACLU; Ann Beeson, ACLU national staff attorney; and Chris Hansen, national ACLU.
The Defendants
Governor Zell Miller and Attorney General Michael Bowers. (sorry, the AG's office doesn't have a web page that we know of)
The Plaintiffs
Fourteen plaintiffs including Electronic Frontiers Georgia are included in the lawsuit.
- Electronic Frontiers Georgia - Affidavit
- AIDS Survival Project - Affidavit
- American Civil Liberties Union of Georgia - Affidavit
- Atlanta Freethought Society - Affidavit
- Atlanta Veterans Alliance - Affidavit
- Community ConneXion - Affidavit
- The Electronic Frontier Foundation (not affiliated with EFGA) - Affidavit
- Rep. Mitchell Kaye (Georgia House of Representatives) - Affidavit
- Kenneth Leebow - Affidavit
- Bruce Mirken - Affidavit
- Bonnie Nadri (The Page Factory) - Affidavit
- Josh Riley - Affidavit
- John Troyer - Affidavit
- Jonathan Wallace - Affidavit
A summary of the parties is available here.
History of HB1630 and our Lawsuit
Many people, when they read this law, have said that certainly Georgia's
lawmakers could not have meant what this law states. Hoping to save the State
of Georgia unneccessary expense, EFGA's attorneys sent a demand
letter to the Attorney General's office asking for a clarification of
the new law. Michael Bowers, the Attorney General, choose instead to allow this
matter to move into litigation.
A coalition of individuals, businesses, and
other organizations have formed to oppose this law. EFGA's action on the matter
so far:
- EFGA's Demand Letter to the Attorney General's office.
- Attorney General's Response
- Complaint filed Sept 24, 1996 (very long)
- Brief filed Sept 24, 1996 (long)
Commentary on HB1630
- The Day the Sites Went Out in Georgia?
- CPC: Regulation with the "Internet Police" bill (HB1630)
- Attorney Jeff Kuester's Award winning web resources
- EFFector: EFF Opposes Ridiculous and Anti-Net Trademark Bill in Georgia
- Various State Censorship Laws
News Articles on HB1630
- Paine News: Chigger Bites v. Gigabytes
- Cyber-Sheriff's in Town - National Law Journal Article by Jeff Kuester on New Georgia Internet Law
- ACLU Fights Georgia Internet Fraud Law
- CNET news: Georgia trademark law challenged
- CNET news: Georgia OKs "Net Police" law
- ACLU readies for another Net fight
- News: Georgia hyperlinks bill
- Media Notes: Internet Activists Upset Over Georgia Law
- Web Review's NDN 4/25: Logo law
- Radionet Editorial 04/28/96
- Office of Public Library Services makes note of the law
Copies of the law
- Full text of the HB1630 Amendment
- The full law that was amended by this bill
- Ga HB1630 - Harden Political Services
- GEORGIANET AUTHORITY - HB 1630
Comments on the law from our elected officials.
EFGA sent e-mail to everyone in the Georgia House of Representatives who had a known e-mail address. Nearly 40% of the legislators gave us comments within a week. Not only is 40% of those we contacted a good response, but every legislator indicated they would like to see the law repealed or changed. Not one single legislator has been willing to defend the law. See House member's comments.
The People who bring you Georgia's Laws
- Georgia House of Representatives
- Georgia House of Representatives Information by the Conservative Policy Caucus and Publius
- Georgia Legislative, Atlanta Addresses & Phones
- Georgia Senate Home Page
- VoteCentral: See who is running for office
Press Releases
Press Advisory about Live CyberCast
Press Release about lawsuit Sept 24, 1996