OK, so this one was interesting, too.  I promise I'll stop now . . .

MDK


In a message dated 98-01-02 12:56:25 EST, [log in to unmask] writes:

> >From: HOMER DUVALL <[log in to unmask]> (X6178)
>  >Subject: E-mail as Communication
>
>  >
>  >Federal courts have held that parties who are presumed to
>  >have information in the public domain are charged with having
>  >information contained on the Internet (a/k/a the information
>  >superhighway)--See WHIRLPOOL FINANCIAL CORPORATION v. GN
>  >HOLDINGS, INC.,  67 F.3d 605 (7th Cir. 1995 ).
>  >
>  Pat Randolph comments:
>
>  I doubt that this ruling applies to email, which is targeted, and not
>  readily available as is information on the world wide web.  But the cite is
>  helpful information.
>
>
>  >"In today's society, with the advent of the "information
>  >superhighway, " federal and state legislation and regulations,
>  >as well as information regarding industry trends, are easily
>  >accessed. A reasonable investor is presumed to have
>  >information available in the public domain, and therefore
>  >Whirlpool is imputed with constructive knowledge of this
>  >information.  See  <=20>  Eckstein v. Balcor Film Investors, 58
>  >F.3d 1162, 1169 (7th Cir.1995)."
>  >
>  >I think it is clear that the U.S. Supreme Court considers e-mail
>  >as a communication--See  JANET RENO, ATTORNEY GENERAL OF
>  >THE UNITED STATES, ET AL.  v. AMERICAN CIVIL LIBERTIES UNION
>  >ET AL., 117 S. Ct. 2329; 1997 U.S. LEXIS 4037; 138 L. Ed. 2d 874; 65
>  >            U.S.L.W. 4715 (1997).
>  >
>  >"The Internet is "a unique and wholly new medium of
>  >worldwide human  communication.
>  >
>  >                                     * * *
>  >
>  >Anyone with access to the Internet may take advantage of a
>  >wide variety of communication  and information retrieval
>  >methods. These methods are constantly  evolving and difficult
>  >to categorize precisely.   [*14]   But, as presently constituted,
>  >those most relevant to this case are electronic mail (" e-mail" ),
>  >automatic mailing list services ("mail exploders," sometimes
>  >referred to as "listservs"), "newsgroups," "chat rooms," and
>  >the "World Wide Web." All of these methods can be used to
>  >transmit text; most can transmit sound, pictures, and moving
>  >video images. Taken together, these tools constitute a unique
>  >medium--known to its users as "cyberspace"--located in no
>  >particular geographical location but available to anyone,
>  >anywhere in the world, with access to the Internet."