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Subject: Vote-auction: The legal drama begins Date: Fri, 10 Nov 00 08:31:46 -0500
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From: Mark Anderson <mkanders@javanet.com> Bcc:

Lawyers Are Cheap at Vote Auction
It's barely a ripple in the pond of presidential election dramatics, but the Vote-auction saga is deteriorating into a morass of lawsuits and threatened lawsuits. By Mark K. Anderson. 

http://www.wired.com/news/politics/0,1283,40092,00.html 

===============================

2:00 p.m. Nov. 9, 2000 PST

As Election 2000 descends into an Elian's Revenge of tangled Florida lawsuits, Miami politics and federal interventions, it's probably fitting that the equally turbid tale of Internet vote-auctioning also finds a litigious end. 

Tell that one to the defendants, though. 

Vote-auction.com, the satirical vote-peddling website, is now caught in the crossfire of lawsuits from five states, with investigations in other states underway. Not to be outdone, the Austrian investor who has run Vote-auction since late August is preparing to mount his own legal challenge to the Nov. 1 shutdown of his site. 

What began as a ruthless e-commerce project, boldly selling what no one had sold before, has become a freedom-of-speech case where the defendants remove their veils and cry, "Spoof!" 

Harvey Grossman of the Chicago branch of the American Civil Liberties Union has entered the fray, defending the site's American creator, New York graduate student James Baumgartner, in a lawsuit filed by the Chicago Board of Election Commissioners. 

"The representation James is making is that no votes were ever bought or sold and no arrangements were ever made to buy or sell votes," Grossman said. "This was purely political satire." 

Previous to the election, Hans Bernhard, the Austrian vote auctioneer, had maintained the legitimacy of Vote-auction, breaking his cover once in an Oct. 31 French interview in which he admits Vote-auction was a hoax. 

"Vote-auction est un acte pour la liberté d'expression," he said. 

Bernhard was similarly candid in an interview Tuesday. 

"We've made a strategic move, in order to prevent further madness in the U.S. legal system," he said. "We're going after the free speech argument. Everybody knows. We know it, you know it, the legal people know it: We've never ever sold or bought any votes. It's ridiculous." 

Now, not only are the Chicago election board and the Illinois attorney general plying their trade against Bernhard et al., but state attorneys general in Massachusetts, Missouri, Texas and Wisconsin are also at various stages in the process of trying to restrain or eradicate the site. All of them, except for Missouri, cite their respective state laws prohibiting the purchase or sale of votes. 

The suit filed by Missouri Attorney General Jeremiah W. Nixon, on the other hand, says that the Austrian website violates his state's consumer protection statutes against vendors making misrepresenting claims about their goods or services. 



"One side is suing us for doing something illegal; the other side is suing us for not doing something illegal," Bernhard said. "It is getting very funny." 

Scott Holste, a spokesman for Nixon, said on Thursday that his office's consumer protection division -- not the Secretary of State, who usually handles vote-fraud related cases -- took up the challenge, specifically because it involved the Web. 

"We've done this in the past on Internet issues, such as over our attorney general filing a lawsuit against an Internet gambling site," Holste said. "The site wasn't sued over violating gambling but rather consumer protection laws.... Insofar as this office being able to bring legal action in Internet cases, (consumer protection) is the best vehicle we've used." 

In the Vote-auction case, he said, "We're suing because they're saying it's legal to buy and sell votes, when Missouri law says otherwise.... Where we stand right now, we've been in communication with people in this organization. They've said they would sign a consent injunction that would require them to stop making representations that it was legal to buy and sell Missouri votes and then to pro-actively state the website was null and void in the state of Missouri." 

The combination of all the lawsuits, Bernhard said, makes for quite an echo chamber of legalese. 

"We're receiving so much legal spam now," he said, adding that hundreds of faxes -- sometimes sent to his palm pilot -- now clog his hard drives and litter his desk. 

And even if Bernhard, Baumgartner, Vote-auction and Vote-auction's ISP -- some or all of whom are named, depending on the lawsuit -- emerge from the cloud of affidavits anytime soon, there's also the lawsuit Vote-auction itself is considering filing. 

According to a message submitted by Bernhard's vote-auctioneering partner "LizVlx" (Elisabeth Haas) to the Web-law e-mail group, the shutdown of Vote-auction followed a chain of command they hope to retrace in their lawsuit. 



The company that registered Vote-auction.com, she said, was the Dusseldorf-based CSL GmbH, which in turn brokers domain names via The Internet Council of Registrars (CORE), based in Geneva. 

CORE, she said, responded to the American legal actions against Vote-auction by pulling the plug. 

"Apparently, they feel that a Missouri restraining order is governed under Swiss law, and that e-mail proves authenticity," Haas wrote. 

Stephanie Schliepack, a Berlin attorney representing Vote-auction, said the dynamic between the parties responsible for removing Vote-auction.com from the Internet has yet to be fully determined. 

"We're considering suing CSL with an intent to explore the relationship with CORE as well," she said. 

And since the Vote-auction case now has elements of Americans attempting to silence European-based satire -- raising the questions of both jurisdiction and international Internet governance -- such legal actions could raise some important legal issues outside of the immediate Vote-auction arena. 

"We're trying to test how far different German judgments about the validity of American cases go," said Schliepack, adding that the roles of ICANN and international law are being explored as well. 

These six legal actions -- five state cases and Vote-auction's suit -- now comprise a minuet of litigation that recall last year's legal battles over the fate of a Swiss Internet art corps Bernhard helped found, etoy. Sued by the toy retailer eToys for their nearly identical domain name, etoy turned the action into an opportunity for guerrilla theater. 

"It seems that we are witnessing the birth of a new subgenre of action-art: Digital Legal Art," Bernhard and Haas wrote in a Vote-auction press release that came out on election day. "Apparently it is even not so much the end user in front of the terminal to whom we appeal most but the people in U.S. legal offices.... very sexy! 

"Nevertheless, we are sure that the cases will be dropped, as it will be obvious, even to the legal folk, that there are people out there buying and selling votes -- but that it is not us. We just gave you the showcase. The real dealers do their business quite openly in Washington. Vive la difference!" Delivered-To: mailhans@ubermorgen.com
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Date: Fri, 10 Nov 2000 11:45:00 -0700
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	 		 			 Punch-holes, Indeed
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<http://www.wired.com/news/politics/0,1283,40092,00.html>Lawyers Are Cheap at Vote Auction It's barely a ripple in the pond of presidential election dramatics, but the Vote-auction saga is deteriorating into a morass of lawsuits and threatened lawsuits. By Mark K. Anderson. <http://www.wired.com/news/politics/0,1283,,00.html>in Politics 

	 		

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<http://www.wired.com/news/technology/0,1282,40093,00.html>Affymetrix and Oxford in Patent Fight Court proceedings ended on Thursday in a pivotal patent lawsuit filed against biochip giant Affymetrix. The jury will continue deliberating Friday. <http://www.wired.com/news/technology/0,1282,,00.html>in Technology 


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No Recount! 		
	 		 			 <http://www.wired.com/news/photo/0,1860,40096,00.html> Reuters • <http://www.wired.com/news/photo/0,1860,40096,00.html>Enlarge image 

			 George W. Bush backers in Orlando decry the recount. 	 

¥ Browse <http://www.wired.com/news/reuters/photos?story_id=Breaking_1_c.htmlt>all photos. 

Quote Marks 		
	 "What we are doing is fine-tuning a sustainable business model." Ñ One <http://www.wired.com/news/culture/0,1284,40086,00.html>e-publisher explains its recent decision to terminate half its authors' contracts and cut royalties by up to 70 percent for the rest. 


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Passage: Sidney Woloshin, 72
Woloshin's death is to the advertising world what Babe Ruth's passing was to baseball. Woloshin, trained as a violinist, penned scores of commercial jingles, most memorably "You deserve a break today." That one, written for a McDonald's ad campaign in the 1970s, was voted the top jingle of the century last year by Advertising Age. Woloshin also wrote "Like a good neighbor, State Farm is there" for the insurance company and "Pan Am makes the going great" for the now defunct airline. 


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