The UCLA Online Institute for Cyberspace Law and
Policy
The CompuServe Germany Case
Conviction of Former CompuServe Official in Munich Court
Highlights Unresolved and Interrelated Issues
of Jurisdiction, Regulation, and Enforcement
On May 28, 1998, in a closely watched international dispute, a former CompuServe official was convicted in Germany of violating local pornography laws. Felix Somm, who headed CompuServe Deutschland operations until he was indicted in 1997, was blamed for not blocking access to pornographic pictures that were available on the Internet. By convicting Mr. Somm, the court appears to be saying that Internet service providers in Germany are responsible for Internet content and must take affirmative steps to block access to objectionable material.
Decision Highlights:
- Mr. Somm was convicted even though the prosecutors had actually asked for his acquittal in the end. He was sentenced to two years probation and ordered to pay 100,000 marks to charity. An appeal is expected.
- Judge Wilhelm Hubbert apparently disagreed with the arguments of both the prosecution and the defendant. The attorneys had contended, in their closing statements, that it was technically impossible to filter out all such material.
- In his decision, the judge said that CompuServe had let "protecting the young ... take second place to maximizing profits.''
Additional Resource Material - The CompuServe Germany Case
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sb: 18Oct.1998
