Complaint Filed Sept 24, 1996

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

AMERICAN CIVIL LIBERTIES)

UNION OF GEORGIA; THE AIDS )

SURVIVAL PROJECT; THE )

ATLANTA FREETHOUGHT SOCIETY;)

ATLANTA VETERANS ALLIANCE;)

COMMUNITY CONNEXION; )

ELECTRONIC FRONTIER FOUND-)

ATION; ELECTRONIC FRONTIERS)

GEORGIA; MITCHELL KAYE; )

KENNETH LEEBOW; BRUCE MIRKEN;)

BONNIE NADRI; JOSH RILEY; )

JOHN TROYER; and )

JONATHAN WALLACE, ) CIVIL ACTION

)

Plaintiffs, )

)

vs. )

) FILE NO. _______

ZELL MILLER, in his official )

capacity as Governor of the )

State of Georgia; and )

MICHAEL BOWERS, in his )

official capacity as Attorney )

of the State of Georgia, )

)

Defendants. )

COMPLAINT

The Plaintiffs state the following complaint for injunctive and declaratory relief:

NATURE OF THE CASE
JURISDICTION AND VENUE
PARTIES
FACTS

ENACTMENT OF ACT 1029
(a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no telecommunications company or Internet access provider shall violate this Code section solely as a result of carrying or transmitting such data for its customers.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

Nothing contained [in the Act] shall prohibit a member of the General Assembly from using the state seal or the Georgia flag which contains the state seal on a home page that is clearly identified with the name of the member as the home page of that member.
THE NATURE OF THE COMPUTER NETWORKS

AFFECTED BY THE ACT
The Global Internet
Commercial Online Services
Local Bulletin Board Services ("BBSs")
THE NATURE OF COMMUNICATION OVER COMPUTER NETWORKS

AFFECTED BY THE ACT
E-Mail
Discussion & Chat Groups
Publication and Access to Information: The World Wide Web
The Importance of Links on the World Wide Web:
WHY PEOPLE COMMUNICATE ANONYMOUSLY IN CYBERSPACE
HOW INDIVIDUALS COMMUNICATE ANONYMOUSLY IN CYBERSPACE
Online Communications Using Pseudonyms or "Screen Names"
Anonymous Internet Access Accounts:

Anonymous and Pseudonymous Remailers:
Online Publishing Under Pseudonyms or Anonymously
Anonymous Access Services:
THE RESTRICTIONS IMPOSED BY THE ACT UPON EXPRESSION

OVER COMPUTER NETWORKS
Prohibition of Communications Using Names

That "Falsely Identify" The User
transmit any data through a computer network . . . for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name . . . to falsely identify the person . . . .
Prohibition of Communications "Using" Trade Names,

Logos & Other Images Without Permission
transmit any data through a computer network . . . for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any . . . trade name, registered trademark, logo, legal or official seal, or copyrighted symbol . . . which would falsely state or imply that such person . . . has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained . . . .
THE RELATIONSHIP OF PLAINTIFFS TO THE ACT
American Civil Liberties Union of Georgia (ACLU/GA)
AIDS Survival Project
Atlanta Freethought Society
Atlanta Veterans Alliance (AVA)
Community ConneXion
Electronic Frontier Foundation (EFF)
Electronic Frontiers Georgia (EFGA)
Mitchell Kaye
This WWW site is created and maintained by members of the Georgia House of Representatives who form a part of the Conservative Policy Caucus. Also helpful was our old friend Publius. The information or opinions expressed herein or at any of the sites linked from this location do not reflect official policy of the Georgia House of Representatives or of any individual members thereof.
Kenneth Leebow
Bruce Mirken
Bonnie Nadri
Josh Riley
John Troyer
Jonathan Wallace
ALLEGATIONS COMMON TO ALL PLAINTIFFS
THE RESTRICTIONS IMPOSED BY THE ACT UPON

EXPRESSION OVER OTHER NETWORKS
to transmit any data . . . over the transmission facilities or through the network facilities of a local telephone network for the purpose of . . . exchanging data with . . . [any] point of access to electronic information.
CAUSES OF ACTION
WHEREFORE, plaintiffs respectfully request the Court to:

(1) Declare that the Act violates the First, Fourth, Fifth, Ninth, and Fourteenth Amendments, and the Commerce Clause, of the United States Constitution, and Art. 1, 1, 1, 3, 5 & 9 of the Georgia Constitution, and enjoin its enforcement.

(2) Pursuant to 42 U.S.C. 1988, award plaintiffs reasonable attorney's fees and costs.

(3) Award plaintiffs such further relief as the Court deems just and appropriate.

This ______ day of September, 1996.

_________________________

J. Scott McClain

Georgia Bar No. 482725

BONDURANT, MIXSON & ELMORE, LLP

39th Floor, One Atlantic Center

1201 West Peachtree Street, N.W.

Atlanta, Georgia 30309

(404) 881-4100

Gerald R. Weber

Georgia Bar No. 744878

AMERICAN CIVIL LIBERTIES

FOUNDATION OF GEORGIA

142 Mitchell Street, S.W.

Suite 301

Atlanta, Georgia 30303

(404) 523-6201

____________________________

Ann Beeson

Christopher A. Hansen

Steven R. Shapiro

AMERICAN CIVIL LIBERTIES UNION

132 West 43rd Street

New York, New York 10036

(212) 944-9800


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