At 11:42 PM 1/8/98 -0500, Declan McCullagh wrote:
Sure. That provision of the CDA was not meant to apply to remailer operators but online services, which cut a deal on that bill. Prosecutors would point, I suspect, to legislative intent and say remailer operators aren't covered; they'd say the text of the law is not unambiguous.
I think it would be pretty hard to distinguish the Cracker Remailer from an Internet presence provider. If hotmail or tripod were to be covered under the CDA, then I would have to think Cracker would be as well. EFGA/Cracker offers accounts, has dedicated servers, and has no editorial control over content. At around 20,000 individual messages per week, I'd have to say we are as good of a small online service as anyone else - even if we only offer specialized services. Many ISPs only have 100 or so users and only about 1/6 of the connectivity of Cracker. -- Robert Costner Phone: (770) 512-8746 Electronic Frontiers Georgia mailto:pooh@efga.org http://www.efga.org/ run PGP 5.0 for my public key