Randall Boe
Encyclopedia
Randall Boe was General Counsel
for AOL
and has been involved in many ground breaking cases regarding internet law. He was born in Ohio
and grew up in Iowa City, Iowa
. He attended the University of Wisconsin–Madison
and graduated in 1983 with majors in political science and economics. He graduated from the University of Pennsylvania Law School
in 1987. After graduation, he went to work at Arent, Fox, Kintner, Plotkin & Kahn in Washington, D.C.
While at Arent Fox
, Boe specialized in complex litigation and tried a wide variety of matters, including antitrust
cases, white collar criminal matters and product liability
matters.
Boe attended class by a simple rule: if the bell had already rung, don’t go. As an upperclassman Boe found time to balance attendance at the Plaza, membership in the Bascom Hill
Croquet club, and co-published with Constitutional Law Professor (now Emiritus) Joel B. Grossman. Reliable sources credit Boe with the bulk of the joint project work.
, the publisher of the American Reporter
in a challenge to the recently-passed Communications Decency Act
(CDA). The CDA, among other things, made it illegal to publish, distribute or disseminate "indecent" material on the Internet. The "indecency" standard had long been imposed on over-the-air broadcasters, both radio and television, by the Federal Communications Commission, it was most famously defined and upheld in Federal Communications Commission v. Pacifica Foundation
, a case determining that George Carlin
's famous Seven Dirty Words
monologue was indecent.
Boe was lead counsel in Shea v. Reno, filed in federal court in New York
at about the same time as the ACLU filed their challenge to the same statute in Philadelphia. A three judge panel, led by Judge José A. Cabranes
, unanimously ruled in July 1996 that the Communications Decency Act
was unconstitutionally vague and overbroad and enjoined its enforcement. The government appealed the decisions in both Shea v. Reno and ACLU v. Reno. Ultimately, the Supreme Court
affirmed the judgements in both cases.
, the first time the immunity provisions of Section 230 of the Communications Decency Act
had been invoked. The Zeran case was followed by victories in a number of other highly-publicized defamation cases including Sidney Blumenthal
's defamation lawsuit against AOL and Matt Drudge
and Doe v. AOL.
Boe was also in the forefront of the legal battle against junk e-mail. Under his direction, AOL began filing a series of civil lawsuits, developing novel theories that would lead to the collection of millions of dollars in damages from spammers. Boe has testified before Congress on the issue and helped craft the tough Virginia Anti-Spam law, as well as the Federal CAN-SPAM Act of 2003
. He favored strategies that imposed unacceptable costs on spammers, including the seizure of their assets. In 2003, Boe gave an AOL subscriber the keys to a Porsche Boxster
that had been seized by AOL from a spammer.
Boe also played an instrumental role in a number of high-profile matters during the 1990s, including the massive litigation that resulted from the famous AOL Access Crisis of 1996 and 1997, settlements with State Attorneys’ Generals over marketing practices. He was instrumental in helping AOL gain regulatory approval for the acquisitions of Compuserve
in 1997, Netscape Communications Corporation in 1998 and Time Warner
in 2000. After the AOL-Time Warner merger closed in 2001, Boe was named AOL's General Counsel. In 2001, on behalf of Netscape
, Boe filed an antitrust
lawsuit against Microsoft
in connection with the famous Browser Wars
. Microsoft was eventually forced to pay more than $750 million dollars to settle the lawsuit. In 2006, in the wake of the AOL search data scandal, Boe was asked by AOL CEO Jon Miller to lead a task force, along with Ted Leonsis
to investigate the matter and provide recommendations on improving AOL privacy policies. The recommendations of the task force led to Boe being named Executive Vice President for Consumer Advocacy at AOL in October 2006, when he stepped down as General Counsel of the company.
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
for AOL
AOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
and has been involved in many ground breaking cases regarding internet law. He was born in Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
and grew up in Iowa City, Iowa
Iowa City, Iowa
Iowa City is a city in Johnson County, State of Iowa. As of the 2010 Census, the city had a total population of about 67,862, making it the sixth-largest city in the state. Iowa City is the county seat of Johnson County and home to the University of Iowa...
. He attended the University of Wisconsin–Madison
University of Wisconsin–Madison
The University of Wisconsin–Madison is a public research university located in Madison, Wisconsin, United States. Founded in 1848, UW–Madison is the flagship campus of the University of Wisconsin System. It became a land-grant institution in 1866...
and graduated in 1983 with majors in political science and economics. He graduated from the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
in 1987. After graduation, he went to work at Arent, Fox, Kintner, Plotkin & Kahn in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
While at Arent Fox
Arent Fox
Arent Fox LLP is a law firm and lobbying group based in Washington, D.C.. The firm also has offices in New York City and Los Angeles, California. In 2007, the National Law Journal ranked the firm as the 137th largest in the United States based on number of attorneys...
, Boe specialized in complex litigation and tried a wide variety of matters, including antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
cases, white collar criminal matters and product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
matters.
The College Years
Randall Boe matriculated at the University of Wisconsin Madison in the fall semester 1980. Boe navigated the competitive process with upper one percentile SAT scores. “Don’t overthink the test” and “They taught us how to take these tests in third grade” are two memorable quotes from Boe. As a student, Boe enrolled in the Honors College, made friends at North Hall, and frequented the Student Union where occasionally he was seen procuring the first pitcher of the day.Boe attended class by a simple rule: if the bell had already rung, don’t go. As an upperclassman Boe found time to balance attendance at the Plaza, membership in the Bascom Hill
Bascom Hill
Bascom Hill is the main quadrangle that forms the symbolic core of the University of Wisconsin–Madison campus. It is located on the opposite end of State Street from the Wisconsin State Capitol, and is named after John Bascom, former president of the University of Wisconsin...
Croquet club, and co-published with Constitutional Law Professor (now Emiritus) Joel B. Grossman. Reliable sources credit Boe with the bulk of the joint project work.
Internet Indecency Litigation
In 1995, Boe agreed to represent Joe SheaJoe Shea
Joe Shea is editor-in-chief of The American Reporter, the first daily Internet newspaper, started on April 10, 1995...
, the publisher of the American Reporter
American Reporter
The American Reporter is the first online-only newspaper. Started in 1995 by current Editor-in-Chief Joe Shea. It is published seven days per week as an electronic daily newspaper and is owned by the writers whose work it features....
in a challenge to the recently-passed Communications Decency Act
Communications Decency Act
The Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
(CDA). The CDA, among other things, made it illegal to publish, distribute or disseminate "indecent" material on the Internet. The "indecency" standard had long been imposed on over-the-air broadcasters, both radio and television, by the Federal Communications Commission, it was most famously defined and upheld in Federal Communications Commission v. Pacifica Foundation
Federal Communications Commission v. Pacifica Foundation
Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 is a landmark United States Supreme Court decision that defined the power of the Federal Communications Commission over indecent material as applied to broadcasting...
, a case determining that George Carlin
George Carlin
George Denis Patrick Carlin was an American stand-up comedian, social critic, actor and author, who won five Grammy Awards for his comedy albums....
's famous Seven Dirty Words
Seven dirty words
The seven dirty words are seven English language words that American comedian George Carlin first listed in 1972 in his monologue "Seven Words You Can Never Say on Television". The words include: shit, piss, fuck, cunt, cocksucker, motherfucker, and tits...
monologue was indecent.
Boe was lead counsel in Shea v. Reno, filed in federal court in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
at about the same time as the ACLU filed their challenge to the same statute in Philadelphia. A three judge panel, led by Judge José A. Cabranes
José A. Cabranes
José Alberto Cabranes , is a judge on the United States Court of Appeals for the Second Circuit. Formerly a practicing lawyer, government official, and law teacher, he was the first Puerto Rican appointed to a federal judgeship in the continental United States .-Background:Cabranes was born in...
, unanimously ruled in July 1996 that the Communications Decency Act
Communications Decency Act
The Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
was unconstitutionally vague and overbroad and enjoined its enforcement. The government appealed the decisions in both Shea v. Reno and ACLU v. Reno. Ultimately, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
affirmed the judgements in both cases.
America Online
Immediately after concluding the Shea case, Boe was asked to join America Online's legal department to create an in-house litigation function. Over the next several years, Boe played a critical role in the development of Internet law. He led AOL's ground-breaking defense in Zeran v. America Online, Inc.Zeran v. America Online, Inc.
Zeran v. America Online, Inc., 129 F.3d 327 , cert. denied, 524 U.S. 937 , is a case in which the Fourth Circuit Court of Appeals determined the immunity of Internet service providers for wrongs committed by their users under Section 230 of the Communications Decency Act...
, the first time the immunity provisions of Section 230 of the Communications Decency Act
Communications Decency Act
The Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
had been invoked. The Zeran case was followed by victories in a number of other highly-publicized defamation cases including Sidney Blumenthal
Sidney Blumenthal
Sidney Blumenthal is a former aide to President of the United States Bill Clinton and a widely published American journalist, especially on American politics and foreign policy....
's defamation lawsuit against AOL and Matt Drudge
Matt Drudge
Matthew Nathan Drudge is the American creator and editor of the Drudge Report, a news aggregation website. Drudge is self-described as being conservative and populist. Drudge has also authored a book and hosted a radio show and a television show.-Early years:Matthew Drudge was raised in Takoma...
and Doe v. AOL.
Boe was also in the forefront of the legal battle against junk e-mail. Under his direction, AOL began filing a series of civil lawsuits, developing novel theories that would lead to the collection of millions of dollars in damages from spammers. Boe has testified before Congress on the issue and helped craft the tough Virginia Anti-Spam law, as well as the Federal CAN-SPAM Act of 2003
CAN-SPAM Act of 2003
The CAN-SPAM Act of 2003 , signed into law by President George W. Bush on December 16, 2003, establishes the United States' first national standards for the sending of commercial e-mail and requires the Federal Trade Commission to enforce its provisions...
. He favored strategies that imposed unacceptable costs on spammers, including the seizure of their assets. In 2003, Boe gave an AOL subscriber the keys to a Porsche Boxster
Porsche Boxster
The Porsche Boxster is a mid-engined roadster built by Porsche. The Boxster is Porsche's first road vehicle to be originally designed as a roadster since the 550 Spyder....
that had been seized by AOL from a spammer.
Boe also played an instrumental role in a number of high-profile matters during the 1990s, including the massive litigation that resulted from the famous AOL Access Crisis of 1996 and 1997, settlements with State Attorneys’ Generals over marketing practices. He was instrumental in helping AOL gain regulatory approval for the acquisitions of Compuserve
CompuServe
CompuServe was the first major commercial online service in the United States. It dominated the field during the 1980s and remained a major player through the mid-1990s, when it was sidelined by the rise of services such as AOL with monthly subscriptions rather than hourly rates...
in 1997, Netscape Communications Corporation in 1998 and Time Warner
Time Warner
Time Warner is one of the world's largest media companies, headquartered in the Time Warner Center in New York City. Formerly two separate companies, Warner Communications, Inc...
in 2000. After the AOL-Time Warner merger closed in 2001, Boe was named AOL's General Counsel. In 2001, on behalf of Netscape
Netscape
Netscape Communications is a US computer services company, best known for Netscape Navigator, its web browser. When it was an independent company, its headquarters were in Mountain View, California...
, Boe filed an antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
lawsuit against Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
in connection with the famous Browser Wars
Browser wars
Browser wars is a metaphorical term that refers to competitions for dominance in usage share in the web browser marketplace. The term is often used to denote two specific rivalries: the competition that saw Microsoft's Internet Explorer replace Netscape's Navigator as the dominant browser during...
. Microsoft was eventually forced to pay more than $750 million dollars to settle the lawsuit. In 2006, in the wake of the AOL search data scandal, Boe was asked by AOL CEO Jon Miller to lead a task force, along with Ted Leonsis
Ted Leonsis
Theodore John Leonsis is an Internet pioneer, sports team owner, venture capital investor, filmmaker, author and philanthropist. His early new media company, Redgate Communications was acquired by America Online in 1994, and Leonsis became a senior AOL executive for the next 13 years...
to investigate the matter and provide recommendations on improving AOL privacy policies. The recommendations of the task force led to Boe being named Executive Vice President for Consumer Advocacy at AOL in October 2006, when he stepped down as General Counsel of the company.