Feb 292012
 

PayPal recently made news for implementing a policy denying its payment processing services to publications including obscene content.  There are several things objectionable about this policy, including the lack of any clear way of delineating what content would qualify as “obscene,” and its overall censorious impact.

But I’m not entirely sure that PayPal is necessarily the appropriate target for criticism of this policy.  It may be, to the extent that it is a truly discretionary policy PayPal has voluntarily chosen to pursue.  If it could just as easily chosen not to pursue it it can be fairly criticized for the choice it did make.  For this policy is not as simple as banning certain objectively horrible content 100% of all people would agree should be stricken from the face of the earth.  After all, there *is* no objectively horrible content 100% of all people would agree is objectionable.  Instead this policy has the effect of denying market opportunities to all sorts of writers producing all sorts of valid content, even if some people may not happen to like it.  And it does this not just by denying particular publications access to its services but by forcing electronic publishers to overcensor all the works they publish lest PayPal services be shut off to their entire businesses. Continue reading »

Dec 252011
 

Both the New York Times and the Wall Street Journal Law Blog are covering news from the DOJ that a 50 year old law may not actually be a barrier to online gambling as it earlier had asserted.

The legal opinion, issued by the department’s office of legal counsel in September but made public on Friday, came in response to requests by New York and Illinois to clarify whether the Wire Act of 1961, which prohibits wagering over telecommunications systems that cross state or national borders, prevented those states from using the Internet to sell lottery tickets to adults within their own borders.

Although the opinion dealt specifically with lottery tickets, it opened the door for states to allow Internet poker and other forms of online betting that do not involve sports. Many states are interested in online gambling as a way to raise tax revenue.

Continue reading »