Electronic commerce and free speech

Ethics and Information Technology

Volumn 1, Issue 3, 1999, Pages 213-225

  Litman, Jessica ^a  

^a WAYNE STATE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

COMMERCE; LAWS AND LEGISLATION;

FREE SPEECH; HIGH QUALITY; SAFER PLACES;

SPEECH;

EID: 0141646984     PISSN: 13881957     EISSN: 15728439     Source Type: Journal    
DOI: 10.1023/A:1010002704434     Document Type: Article

References (150)

1. See Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers, Nov. 25, 1998, URL: .
2. See Craig Bicknell, Be Free for a Fee, WIRED News, Dec. 8, 1998, at URL: ;
3. Surfwatch Allowed Key Patent, WIRED News, Nov. 16, 1998, at URL: ;
4. Chris Oakes, Patent May Threaten E-Privacy, WIRED News, Nov. 11, 1998 at URL: ;
5. Incentive Marketers Lock Horns in Lawsuit, InternetNews.com, Oct. 19, 1998, at URL: .
6. See Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2861 (1998).
7. See Edmund L. Andrews, European Law Aims to Protect Privacy of Personal Data, N.Y. Times, Oct. 26, 1998, at URL: ;
8. Carl S. Kaplan, Strict European Privacy Law Puts Pressure on U.S, N.Y. TIMES CYBERTIMES, Oct. 9, 1998, at URL: .
9. Attributing nationality to entertainment and information products makes less and less sense in an era in which many of the world's major entertainment and information providers are multinational corporations, but the characterization remains a politically effective one in Washington, DC.
10. See White House Information Infrastructure Task Force, The National Information Infrastructure: Agenda for Action, Oct. 19, 1994, URL: .
11. See, e.g., Remarks by Vice President Al Gore at National Press Club, December 21, 1993, URL: ;
12. Remarks by Commerce Secretary Ronald H. Brown at the Alex Brown & Sons Media Communications Seminar, April 19, 1994, URL: ;
13. The National Information Infrastructure: Agenda for Action, supra note 6.
14. See U.S. White House, The Framework for Global Electronic Commerce (July 1, 1997), URL: .
15. See, e.g., The National Information Infrastructure: Agenda for Action, supra note 6.
16. See, e.g., INFORMATION INFRASTRUCTURE TASK FORCE, INTELLECTUAL PROPERTY AND THE NATIONAL INFORMATION INFRASTRUCTURE: THE REPORT OF THE WORKING GROUP ON INTELLECTUAL PROPERTY RIGHTS 211-238 (1995).
17. See Courtney Macavinta, What Congress Really Did, C|NET NEWS.COM, Oct. 26, 1998, at URL: ;
18. Internet and Tech Bills Become Law, Tech L. J., Oct. 22, 1998 at URL: ;
19. th Congress, Tech L.J., Oct. 26, 1998, at URL: .
20. U.S. GOVERNMENT WORKING GROUP ON ELECTRONIC COMMERCE, FIRST ANNUAL REPORT (1998).
21. For current Internet-related litigation news, see, e.g., C|NET NEWS.COM, URL: ;
22. TECHLAW JOURNAL, URL: ;
23. WIRED News, URL: .
24. See, e.g., Jim Clark & Owen Edwards, When the Internet was Young, INDUSTRY STANDARD, May 24, 1999, at URL: ;
25. Michael Goldberg, Why Jim Clark Loves Mosaic, WIRED 2.10, Oct. 1994, at 118;
26. Joshua Quittner, Billions Registered, WIRED 2.10, October 1994 at 50.
27. See Jessica Litman, Breakfast with Batman: The Public Interest in the Advertising Age, 108 YALE L.J. 1717, 1731-1735 (1999).
28. That sort of pricing structure isn't hardwired into the architecture, of course, and there's no particular reason why the price structure couldn't change to a more exclusionary schedule of tariffs if it turned out to be profitable to do so. Major media businesses might well welcome such a change, because of the entry barriers it would erect to speakers that are not (or not yet) major media businesses.
29. See Jessica Litman, Copyright Noncompliance (Or Why We Can 't "Just Say Yes" to Licensing), 29 N.Y.U. J. INT'L L. & POLITICS 237, 247-252 (1997).
30. Even before the invention of the World Wide Web, there were thousands of Usenet news newsgroups, covering almost every conceivable subject, some of which received hundreds of posts each day from all over the world. See ED KROL, THE WHOLE INTERNET 151-185 (1994);
31. Chip Salzenberg, Gene Spafford & Mark Moraes, What is Usenet?, (April 28, 1999), at URL: . See generally Lost In Usenet, URL: .
32. Some of that was serious research material, but not all or even most of it. What I read back then, before there was a World Wide Web, was all sorts of stuff I couldn't buy in stores: Recipes for foods I wanted to make but apparently most cookbook authors didn't; book reviews written by folks who liked the books I liked and hated the books I hated; healthcare advice from people who had health problems similar to mine; and heated lay debates on copyright policy in a digital age.
33. See the Usenet food group rec.food.recipes, URL: . See also, e.g., alt.bread.recipes; alt.food.chocolate; alt.recipes.babies; alt.recipes.hawaii; rec.food.cuisine.jewish; rec.food.recipes.babies; rec.food, recipes.cats; rec.food.recipes.dogs.puppies.
34. Eugene Volokh, Cheap Speech and What It Will Do, 104 YALE L.J. 1805(1995).
35. See, e.g., URL: ;
36. URL: .
37. See M. Ethan Katsh, Rights, Camera, Action: Cyberspatìal Settings and the First Amendment, 194 YALE L.J. 1681 (1995). It takes a little while to adjust to the implications of the new medium. You need to develop new criteria for evaluating the reliability of the content you're reading: nifty graphics, for instance, don't necessarily mean that the speaker knows whereof she speaks.
38. See Litman, Copyright Noncompliance, supra note 17, at 247-250.
39. See, e.g., Volokh, supra note 21.
40. See, e.g., Jerry Berman and Daniel J. Weitzner, Abundance and User Control: Renewing the Democratic Heart of the First Amendment in the Age of Interactive Media, 104 YALE L.J. 1619(1995).
41. See, e.g Sex., Finds Lucrative Home on the Web, USA TODAY, Sept. 3, 1997, URL: ;
42. Philip Elmer-Dewitt, On a Screen Near You: Cyberporn, TIME MAGAZINE, July 3, 1995, at 38. It's hard to judge the extent to which the commercial mass media may have been motivated by concern about competition from nascent online media in painting the Internet as a jungle filled with unverifiable rumors and hard-core porn.
43. See Communications Decency Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) [CDA]; Reno v. ACLU, 521 U.S. 844 (1997).
44. st Sess. (1997). The Clinton administration cleverly recast the debate over content controls as an opportunity for private sector investment in content control software products.
45. See Jonathan Weinberg, Rating the Net, 19 Hastings Comm/Ent L.J. 453 (1997).
46. st Sess. (1999); Pamela Mendels, Michigan Law Leaves Library's Internet Filters Open to Debate, N.Y. Times CyberTimes, Aug. 6, 1999 at URL: ;
47. Filtering Facts, Dangerous Access: The Epidemic of Pornography in America 's Public Libraries and the Threat to Children, March 2, 1999, at URL: .
48. See, e.g., American Library Association v. Pataki, 969 F. Supp. 160 (S.D.N.Y. 1997); Cyberpsace v. Engler, No. 99-cv-73150 (E.D. MI 7/29/99); Carl S. Kaplan, Cyberlaw Journal: State Internet Laws Face a Different Constitutional Challenge, N.Y. TIMES CYBER-TIMES, July 2, 1999, at URL: .
49. st Sess. (July 22, 1999) (testimony of Gregory D. Phillips, Howard, Phillips & Andersen).
50. See Software Publishers Association, Seven Warning Signs of Piracy: How ISPs Can Protect Themselves, URL: ;
51. st Sess. (Sept. 16, 1997) (testimony of Ken Walsh, Software Publishers Association). BMI has dispatched a "Musicbot" to sniff out and measure the incidence of unlicensed music on the Internet. See BMI introduces MusicBot to Monitor Music Use on the Internet, Oct. 15, 1997, at URL: . The Association of American Publishers has introduced a digital watermarking project that it characterizes as "branding" texts so that their owners can always find them. See Ensuring the Future of Electronic Publishing: Ground Breaking Digital Object Indentifier System Leads Publishing Industry Into 21st Century, Sept. 22, 1997, at URL: . The Recording Industry Association of America has persuaded consumer electronics manufacturers to incorporate copyright-protection technology into portable digital music players that will "detect illegitimately distributed music." See Secure Digital Music Initiative, Guide to the SDMI Portable Device Specification Part 1, Version 1.0 (July 8 1999) at 3, URL: .
52. See Julie Cohen, Copyright and the Jurisprudence of Self Help, 13 BERKELEY TECH. L.J. 1089 1092-96 (1998);
53. Jessica Litman, Reforming Information Law in Copyright's Image, 22 U. DAYTON L. REV. 587, 606-07 (1997).
54. See Jessica Litman, Revising Copyright Law for the Information Age, 75 ORE. L. REV. 19, 27-30 (1995).
55. The hornbook I recommend to my copyright students, for example, is Terry Carroll, Copyright F.A.Q. (1994), URL: , available only online and only for free.
56. See Whitney v. California, 274 U.S. 357, 372 (1927) (Brandeis, J. concurring); Cohen v. California, 403 U.S. 15, 24 (1971); Reno v. A.C.L.U., 521 U.S. 844, 874-82 (1996).
57. See Jonathan Weinberg, Questioning Broadcast Regulation, 86 MICH. L. REV 1269, 1271-85 (1988).
58. See Litman, Copyright Non-Compliance, supra note 17, at 247-251.
59. See Ashley Dunn, Surf & Turf. In the Free Web Orchard, Who Will Pay for Fruit?, N.Y. TIMES CYBERTIMES, July 24, 1996.
60. See Alex Kuczynski, Slate Ends Its 10-Month Experiment With Subscriptions, N.Y. TIMES CYBERTIMES, Feb. 15, 1999.
61. Banner ad swap networks and sponsor-supported banner ad placement services have sprung up all over the web to facilitate free or low cost banner advertising on any web site willing to volunteer to host ads. See, e.g., Banner Network, URL: ;
62. ClickTrade Linkexchange, URL: ;
63. BannerSwap, URL: .
64. See Yahoo! GeoCities Terms of Service ¶11, URL: .
65. See, e.g., Framework for Global Electronic Commerce, supra note 8; Cybersquatting and Consumer Protection, supra note 32.
66. See U.S. Government Working Group on Electronic Commerce, supra note 12.
67. See, e.g, United States Patent & Trademark Office, United States Department of Commerce, National Information Infrastructure Task Force Working Group on Intellectual Property, Public Hearing on Intellectual Property Issues Involved in the National Information Infrastructure Initiative (Thursday, November 18, 1993) (testimony of Steven J. Metalitz, Information Industry Council); INFORMATION INFRASTRUCTURE TASK FORCE, INTELLECTUAL PROP-ERTY AND THE NATIONAL INFORMATION INFRASTRUCTURE: A PRELIMINARY DRAFT OF THE REPORT OF THE WORKING GROUP ON INTELLECTUAL PROPERTY RIGHTS 6-7 (1994).
68. See, e.g., Bruce A. Lehman, Copyright, Fair Use and the National Information Infrastructure (address delivered at George Mason University, Feb. 23, 1996), Red Rock Eater News Service (Feb. 25, 1999), URL: ;
69. Copyright Protection on the Internet: Hearing Before the Courts and Intellectual Property Subcomm. of the House Comm. on the Judiciary, 104th Cong, 2d Sess. (Feb. 7, 1996) (testimony of Barbara Munder for the Information Industry Association).
70. th Cong., 2d Sess. (Feb. 8, 1996) (opening statement of Rep. Carlos Moorehead); id. (testimony of Jack Valenti, Motion Picture Association of America).
71. st Sess. (Sept. 17, 1997)(testimony of Robert Holleyman, BSA); id. (testimony of Hilary B. Rosen, RIAA).
72. Digital Millennium Copyright Act, Pub. L. No. 105-304 (1998), codified at 17 U.S.C. §101 et. seq. [DMCA]. See Jessica Litman, Digital Copyright and Information Policy, Proceedings of the 1998 High Technology Protection Summit, CASRIP PUBLICATION SERIES NUMBER 5 (forthcoming 1999).
73. st Sess. (1995) with DMCA, Pub. L. No. 105-304, 112 Stat. 2861 (1998).
74. The most comprehensible summary of the DMCA comes from the Register of Copyrights and is available on the Copyright Office web site. See United States Copyright Office, The Digital Millennium Copyright Act of 1998: U.S. Copyright Office Summary, URL: .
75. I refer, here, to the provisions of the new 17 U.S.C. §1201(a)(l), which prohibit consumers from circumventing technological devices that restrict access to works, but exclude from the prohibition works of a class that is determined by the Librarian of Congress in a periodic rulemaking on the record to be entitled to a temporary exception on grounds not made explicit in the statute. Rulemakings on the record are rare, unwieldy, expensive to participate in, and, in any event, likely to be unavailing here. Section 1201(a)(2) prohibits anyone from offering to the public or otherwise trafficking in any technology, product, service, or device designed to circumvent technological access restrictions, even for works ruled exempt in the administrative proceeding.
76. Online Copyright Infringement Liability Limitation Act, DMCA §202, codified at 17 U.S.C. §512.
77. th Cong., 2d Sess. 11(1998).
78. See DMCA §202 codified at 17 U.S.C. §512.
79. See U.S. Copyright Office Summary, supra note 52, at 8-14.
80. th Cong., 2d Sess. (June 5, 1998) (testimony of George Vradenburg III, America Online); id. (testimony of Robert Holleyman, Business Software Alliance).
81. See Litman, Digital Copyright and Information Policy, supra note 50;
82. Jessica Litman, New Copyright Paradigms in LAURA A. GASSAWAY, GROWING PAINS: ADAPTING COPYRIGHT FOR LIBRARIES, EDUCATION AND SOCIETY 63, 66-80 (1997).
83. See infra notes 103-106 and accompanying text.
84. See MP3 Rocks the Web, WIRED News, at URL: ;
85. Matt Richtel, Public Enemy Fights the Music Industry With Online Releases, N.Y. TIMES, December 4, 1998;
86. Jon Pareles, With a Click, a New Era of Music Dawns, N.Y. TIMES, Nov. 15, 1998;
87. Music Download Debate Continues, C|NET NEWS.COM, Dec. 16, 1998 at URL: .
88. th Circuit concluded that making personal copies of recorded music on the hard disk of a computer came within the §1008 exemption.
89. See Music Download Debate Continues, C|NET NEWS.COM, URL: ;
90. MP3 Rocks the Web, WIRED News, URL: .
91. See also Electronic Frontier Foundation, Electronic Frontier Foundation Digital Audio and Free Expression Policy Statement, May, 199, at URL: .
92. See Neil Strauss, Free Music Spreads From Campus to Office, NY TIMES CYBERTIMES, April 5, 1999.
93. th Cir. 1999). Eventually, even though the court refused to grant a preliminary injunction, the manufacturer agreed that it would incorporate copyright management software into its players to permit copyright owners to dictate the distribution and copying of music files. See Christopher Jones, Rio goes Crypto, WIRED News, April 23, 1999, URL: .
94. See, e.g., .
95. th Cir. 1999), aff'g 29 F. Supp. 2d 624 (C.D. CA 1998).
96. See Christopher Jones, Music Biz Builds a Time Bomb, WIRED News, May 14, 1999, at URL: http://www.wired.com/news/news/technology/story/19682.html >.
97. See SDMI Guide, supra note 33. The rollout of SDMI-compliant devices has run into a minor patent snag, and may not proceed on schedule. Immediately after the initial specification for SDMI was announced, a previously obscure company doing business as Audiohighway.com let the world know that it had obtained a patent covering the technology. See Oscar S. Cisneros, Audiohighway: We Own Net Music, WIRED News, July 14, 1999, at URL: .
98. See Joanna Glasner, Musicmaker IPO Hits High Note, WIRED News, July 7, 1999, at URL: ;
99. Beth Lipton, Net music gets louder next week, C|NET NEWS.COM, July 16, 1999, at URL: .
100. See Larry Lessig, Governance and the DNS Process, URL: ; U.S. Government Working Group on Electronic Commerce, supra note 12, at 12-13.
101. See generally ELLEN RONY & PETER RONY, THE DOMAIN NAME HANDBOOK 15-244 (1998).
102. See Acme Laboratories, URL: .
103. See Hasbro, Inc. v. Internet Entertainment Group, 40 U.S.P.Q.2d 1479 (W.D. Wash. 1996).
104. See Rony & Rony, supra note 72, at 299-378.
105. See, e.g., Cardservice International, Inc. v. McGee, 950 F. Supp. 737 (E.D. Va. 1997); Hasbro, Inc. v. Internet Entertainment Group, 40 U.S.P.Q.2d 1479 (W.D. Wash. 1996); Intermatic Inc. v. Toeppen, 40 U.S.P.Q.2d 1412 (N.D. Ill. 1996).
106. See, e.g., Gateway 2000 v. Gateway.com, 1997 U.S. Dist. LEXIS 2144 (W.D.N.C. 1997); Maritz v. Cybergold, 947 F. Supp. 1338 (E.D. Mo. 1996)
107. See Craig Simon, Overview of the DNS Controversy, URL: .
108. See Jonathan Postel, Memorandum: New Registries and the Delegation of International Top Level Domain (June 1996), online at URL: ;
109. Generic Top Level Domain Memorandum of Understanding §9, URL: .
110. See International Trademark Association, INTA Response to the U.S. Government Paper on the Improvement of Technical Management of Internet Names and Addresses (March 18, 1998), URL: ;
111. Letter from Jake Winebaum, President, Disney Online, to U.S. Department of Commerce (March 20, 1998), URL: .
112. See World Intellectual Property Organization, Interim Report on the WIPO Internet Domain Name Process, Chapter 4 at ¶¶202-244, URL: .
113. st & 2d Sess. (1998).
114. See U.S. Government Working Group on Electronic Commerce, supra note 12.
115. See, e.g, International Trademark Association, INTA Response to the Green Paper, URL: ;
116. International Trademark Association, Harmonizing Domain Names and Brand Protection, URL: .
117. See U.S. Government Working Group on Electronic Commerce, supra note 12, at 12.
118. See Lessig, supra note 71.
119. st Sess. (July 22, 1999) (testimony of Jonathan Weinberg, Wayne State University); Ellen Roney & Peter Rony, The Domain Name Handbook, URL: ;
120. Berkman Center for Internet & Society, ICANN Public Meetings, URL: .
121. But see Domain Name System Privatization, supra note 87 testimony of Mikki Barry, Domain Name Rights Coalition);
122. A. Michael Froomkin, A Critique of WIPO's RFC 3 (February, 1999) at URL: ;
123. Jonathan Weinberg, Comments on WIPO RFC-3, URL: .
124. See Internet Corporation for Assigned Names and Numbers, Guidelines for Accreditation of Internet Domain Name Registrars and for the Selection of Registrars for the Shared Registry System Testbed for .com, .net and .org domains (February 9, 1999) at URL: ;
125. Memorandum of Understanding Between the U.S. Dept. of Commerce and the Internet Corporation for Assigned Names and Numbers (V)(C)(9)(d), at URL: ;
126. ICANN Resolution on Report of World Intellectual Property Organization (May 27, 1999), at URL: .
127. See Froomkin, supra note 88.
128. WIPO INTERNET DOMAIN NAME PROCESS, THE MANAGEMENT OF INTERNET NAMES AND ADDRESSES: INTELLECTUAL PROPERTY ISSUES (April 30, 1999), URL: . Although earlier drafts of the WIPO Report suggested that WIPO dispute resolution be compulsory for all trademark-related domain name disputes, see Froomkin, supra note 88, the final Report limits mandatory WIPO dispute resolution to cases of alleged abusive registration. See WIPO Internet Domain Name Process, supra, at ¶¶152-179.
129. See id. at ¶¶245-293. WIPO recommends in addition that the exclusion give rise to an evidentiary presumption that would require the registration to justify the registration of a different but misleadingly similar mark as a domain name. Mat ¶¶288-291.
130. See WIPO RFC-3: Interim Report of the WIPO Internet Domain Name Process (December 23, 1998) at URL: .
131. See WIPO Internet Domain Name Process, supra note 91, at ¶¶304-352.
132. st Sess. (July 28, 1999) (testimony of Michael Roberts, ICANN).
133. st Sess. (Introduced June 21, 1999). See Cybersquatting and Consumer Protection, supra note 32 (written testimony of Michael Froomkin, University of Miami); id. (written testimony of Jessica Litman, Wayne State University).
134. See 145 Cong. Rec. S 10513 (Aug. 5, 1999).
135. The well-publicized cases of two-year-old Veronica Sams's "Little Veronica" website at and 12 year-old Chris "Pokey" Van Allen's web page at pitted trademark owners against children whose parents had registered their children's names in the .org domain. The registration and operation of the web sites was unquestionably innocent, and there was no plausible likelihood that consumers would be misled. Nonetheless, in both cases, the trademark owners demanded that the children's web sites be taken down. Archie® Comics operated a web site at and owned the veronica.com domain. Prema toys, maker of Gumby®, did not and still does not operate a website devoted to the Gumby® line of toys and licensed merchandise. Neither company, thus, wanted the website for itself; instead, they were concerned about the risk of trademark dilution. A flood of negative publicity persuaded the trademark owners in both cases to back down. Publicity also persuaded the Colgate Palmolive Company to drop its legal action against Benjamin Kite, operator of a noncommercial site at www.ajax.org named after the Greek warrior.
136. See Paul Festa, Ajax.org Wins Trademark Fight, C|NET NEWS.COM, Oct. 20, 1998 at URL: ;
137. How We Got Colgate Palmolive to Back Down, URL: .
138. See, e.g., Playboy v. Welles, 7 F. Supp. 2d 1098 (SD Cal. 1998); Brookfield Communications v. West Coast Entertainment, URL: (9 Cir. 4/22/99); Oppedahl & Larson v. Advanced Concepts, Civil Action No. 97-Z-1592 (D. Colo. 1997), URL: (visited 11/22/98);
139. Carl Kaplan, Cyberlaw Journal: Lawsuits Challenge Search Engines' Practice of 'Selling Trademarks, N.Y. TIMES CYBERTIMES, February 12, 1999, at .
140. See Playboy v. Welles, 7 F. Supp. 2d 1098 (SD Cal. 1998); Playboy Enterprises v. Asia Focus, 1998 WL 724000 (ED Va 1998); Playboy Enterprises v. Calvin Designer Label, Civil Action No. 97-3204 CAL (filed 9/27/97). See also, e.g., Bensusan Restaurant Corp. v. King, No. 96-9344 (2d Cir. 9/10/97).
141. See Playboy Enterprises v. Netscape Communications, 1999 U.S. Dist. LEXIS 9638 (C.D. Cal.).
142. See, e.g., Washington Post v. TotalNEWS, No. 97 Civ. 1190 (PKL). See generally Misha Glouberman, Trademark Wars on the Web (Jan. 29, 1998), URL: (visited 11/25/98).
143. See, e.g., Where Did the Unofficial Superboy Website Go?, URL: ;
144. Webmasters for a Free La Femme Nikita, URL: ;
145. Keeping the Menace Down, WIRED News, April 27, 1999 at URL: . One can spin the recent crackdowns on fan sites in different ways. Some (although not all) of the targeted sites were created by fans on Internet services, like Geocities.com and Tripod.com, that add banner advertisements to all subscriber web pages. The subscribers get none of the advertising revenue, but instead are given free or low-cost access to the Internet. One can sympathize with intellectual property owners who wish to ensure that only they receive such advertising revenue as is generated by their properties. On the other hand, the effect of a no-unauthorized-advertising policy, if that's what the recent crackdowns reflect, is to increase the cost of putting up fan sites by preventing their appearance on low-cost or free advertising-supported Internet access services.
146. According to the RIAA, 60% of the sites it shut down in 1997 were college or university web pages. See Neil Strauss, Free Web Music spreads from campus to office, N.Y. TIMES, April 5, 1999, at Al.
147. See Rony & Rony, supra note 72, at 299-378.
148. See, e.g., DMCA; see also S. 1255 §§3, 4.
149. See, e.g., Paul Farhi, TCI's Malone Quietly Assembling an Empire, WASHINGTON POST, Oct. 14, 1993 at Al;
150. Benjamin J. Stein, More Channels, More Laziness, WASHINGTON POST, Nov. 2, 1993, at A19.