Re: AA BBS sysops found guilty
At best, the SC decision could include language says that persons downloading information are responsible for ensuring that the material is not in violation of local laws. At worst, the SC could say that the operators of information systems are responsible for insuring material is not made available to persons in certain regions, if the material violates laws in those regions.
And both are similarly unreasonnable: At best, how do you know for sure before you download,
Exactly what I fear most from this case. In order to assist users, sysops may be required to rate and/or categorize all downloadable material using a rating scale or list of categories determined by some governing body (FCC?). If the sysops do not following the guidelines, then they can be considered participants in the distribution of "bad stuff" to "good places".
and at worst, are you supposed to know the law for all countries, states, counties and cities with access to Internet and connected networks when even an attorney cannot possibly know the law for a single state?
I think "At worst" is not very likely, for the reasons you state. That's why I worry more about "At best". I think the only real good outcome would be that the verdict is overturned because of some technicality, preventing the case from becoming some kind of landmark. However, this would only delay things until the next case. Jim_Miller@suite.com
I think the only real good outcome would be that the verdict is overturned because of some technicality, preventing the case from becoming some kind of landmark. However, this would only delay things until the next case.
Jim_Miller@suite.com
I was talking last Saturday to Keith Henson, at the Extropians/Cypherpunks/PenSFA party at Eric Messick's geodesic dome in the Santa Cruz Mountains (I wanted to give you folks the "ambience"), and Keith had just flown back from Memphis, where he had been assisting the defense on computer and ECPA matters (Electronic Communications Privacy Act). Keith has been on our list, has attended several meetings, and is well-known to many of us. Anyway, Keith confirmed that *several more* cases are pending, and I joked (gallows humor) that the Mormons would get them next. A few days later, charges were filed in Salt Lake City. Grim times in cyberspace. Perhaps folks who are more willing to "compromise" with the law enforcement types can see why I'm so opposed to helping them hang us. I'm in the "Rejectionist Front"--no escrow, no limits on key lengths, no fealty to outmoded laws. Too many Cypherpunks are trying to arrange "reasonable compromises," I fear. Perhaps I should form a splinter group, the PFLC, the Popular Front for the Liberation of Crypto. The PFLC would axiomatically reject the crappy compromises with Al Gore on the NII, the upcoming "deal" on Digital Telephony (a deal is being cut even now), and the deal on escrowed key systems we've been talking about lately. The solution to the AA BBS sorts of things will not come anytime soon, and probably not through the courts. Full-blown remailers, moving AA-type boards out of the Beknighted States, etc. Feeling paranoid, --Tim May -- .......................................................................... Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@netcom.com | anonymous networks, digital pseudonyms, zero 408-688-5409 | knowledge, reputations, information markets, W.A.S.T.E.: Aptos, CA | black markets, collapse of governments. Higher Power: 2^859433 | Public Key: PGP and MailSafe available. "National borders are just speed bumps on the information superhighway."
participants (2)
-
jim＠bilbo.suite.com -
tcmay＠netcom.com