Eric Hughes writes:
Last night I spoke with Mike Godwin of the EFF about the issue of anonymous libel. Mike is not on the list, and I've copied him on this message. Mike knows more about electronic speech issues than pretty much anyone else. Here is my remembrance about what he said: <text deleted> 2. An anonymous remailer is not liable. In order to be liable for the libellous speech, the operator of the remailer would have to have prior knowledge that the speech was libellous. Since the operation of the remailer is fully automated, prior knowledge is impossible.
I'd modify that second point slightly--specifically, I'd say that an anonymous remailer *probably* is not liable. There's never been a case of this sort, but current American libel law suggests that the remailer would not be liable. --Mike