Overview

I seek to research and document sites categorized and restricted by Internet blocking program N2H2. N2H2's block site list is protected by technical measures including an encryption system, but I seek to write software that will nonetheless allow me to access, analyze, and report its contents. However, I fear that conducting this work may expose me to liability for violation of the N2H2 License, of the Copyright Act of 1976, and of the Digital Millennium Copyright Act, as well as for misappropriation of N2H2's trade secrets. With representation by the ACLU, I therefore seek from federal court a declaratory judgement that I may conduct this research and publication without fear of liability.

This site links to relevant materials including case documents and my prior work on related topics.

Documents and Links

• Case Documents
  • My Complaint (July 25, 2002) (PDF)
  • N2H2's Motion to Dismiss (September 30, 2002) (PDF, ~1MB)
  • My Memorandum of Law in Opposition to Defendant's Motion to Dismiss (October 30, 2002) (PDF)
  • Court's Order Granting Defendant's Motion to Dismiss (April 7, 2003) (PDF)
• Case Timeline & Status
  • July 25, 2002: Complaint (PDF) Filed
  • September 30, 2002: N2H2 Files Motion to Dismiss (PDF)
  • October 30, 2002: Memorandum of Law in Opposition to Defendant's Motion to Dismiss (PDF) Filed
  • Current Status: April 7, 2003: Court grants defendant's motion to dismiss.
• Frequently Asked Questions
• ACLU Press Release
• My other research on blocking programs and systems
  • Expert reports in Multnomah County Public Library et al., vs. United States of America, et al.
            (challenging the Children's Internet Protection Act)
  • Documentation of Internet Filtering Worldwide
            (completed work: China, Saudi Arabia, Google.de/.fr/.ch, Google SafeSearch; in progress: distributed testing application)
• News coverage and academic citations
  • Civil liberties group sues over 'flawed' web filters. Ananova. July 26, 2002.
  • Judge dismisses suit challenging technology copyright law. Associated Press. April 9, 2003.
  • ACLU Challenges Digital Copyright Law. Associated Press. July 25, 2002.
  • ACLU Files Suit vs. Tech Copyright. Associated Press. July 25, 2002.
  • N2H2 Sued by ACLU over Internet Filter Program. Bloomberg News. July 25, 2002.
  • ACLU sues firm over its filtering software. Boston Globe. July 26, 2002.
  • ACLU wants list showing banned sites. Boston Herald. July 26, 2002.
  • Law Student Sues Web-Filtering Company in a Challenge to Millennium Copyright Act. The Chronicle of Higher Education. April 11, 2003.
  • Federal Judge Throws Out Harvard Law Student's Challenge to Digital Copyright Law . Chronicle of Higher Education. August 2, 2002.
  • Web-Filtering Company Asks Judge to Throw Out Law Student's Suit. The Chronicle of Higher Education. October 18, 2002.
  • Logging in with... Benjamin Edelman. Chronicle of Higher Education. August 2, 2002.
  • ACLU loses digital copyright battle. c|net News.com. April 9, 2003.
  • On trial: Digital copyright law. c|net News.com. July 25, 2002.
  • Digital copyright law on trial. c|net News.com. October 30, 2002.
  • Suit Says First Amendment Allows Reverse Engineering Of 'Censorware.' Computer & Online Industry Litigation Reporter. August 27, 2002
  • Edelman vs. N2H2: Can He Hack It? Copyfight. July 25, 2002.
  • ACLU Sues to Get Internet Blocking List. Family News In Focus. July 31, 2002.
  • Researching Internet Filters - 'The Progress of Science and Useful Arts': Why Copyright Today Threatens Intellectual Freedom. The Free Expression Policy Project. December 2002.
  • ACLU Represents Harvard Student in Internet Filtering Case. Harvard Crimson. August 2, 2002.
  • ACLU challenging '98 copyright law. Hollywood Reporter. July 26, 2002.
  • ACLU takes on copyright law over block lists. IDG News. July 25, 2002.
  • Copyright Act Challenged Rejected. IDG News. April 10, 2003.
  • Minnow mounts legal challenge to Digital Millennium Copyright Act. The Inquirer. November 1, 2002.
  • Suit Says First Amendment Allows Reverse Engineering of Censorware. Intellectual Property Litigation Reporter. September 3, 2002.
  • New challenge to copyright law. Internet Magazine. October 31, 2002.
  • Bill for Anti-Piracy Sheild Proposed. Los Angeles Times. July 26, 2002.
  • Interview (RealAudio). Future Tense with John Gordon. Minnesota Public Radio. July 26, 2002.
  • PM Update - Courts. National Journal Technology Daily. July 25, 2002.
  • Filtering Firm Asks Judge To Dismiss Student's Lawsuit. National Journal's Technology Daily. October 4, 2002.
  • Technology Briefing: Internet. New York Times. July 26, 2002.
  • DMCA Strikes Again in N2H2 Filtering List Case. The Register. April 10, 2003.
  • Web Filtering Lawsuit Challenges U.S. Copyright Law. Reuters. July 25, 2002.
  • Net-filter firm N2H2 is sued by the ACLU. Seattle Post Intelligencer. July 26, 2002.
  • ACLU Challenges Censorware, DMCA. 2600 News. July 27, 2002.
  • US Union Defends Hacker Code. vnunet. July 26, 2002.
  • ACLU Takes on Copyright Law. Wall Street Journal. July 26, 2002.
  • Researcher Seeks Permission to Crack Internet Filtering Software. Washington Internet Daily. July 26, 2002.
  • Financial News - DMCA. Washington Post. April 10, 2003.
  • Bid to Expose Porn Filters Loses. Wired News. April 10, 2003.
• Discussions
• Edelman v. N2H2, Inc. - Requesting Declaratory Judgement. Greplaw. July 25, 2002.
• N2H2's Motion to Dismiss in Edelman v. N2H2, Inc. Greplaw. October 3, 2002.
• ACLU Files New DMCA Challenge. Slashdot. July 25, 2002.
• Interview with DMA-challenger. Slashdot. August 2, 2002.
• Federal Judge Rules Against Reverse Engineering. Slashdot. April 9, 2003.