Re: Vexatious Litigants (was: SurfWatch)

"Martin Diehl" <mdiehl@dttus.com> wrote:
Henry Huang <hwh6k@fulton.seas.virginia.edu> at INTERNET-USA wrote:
The question I have is if these systems were widely implemented, could an Web page author or provider of content be sued for "mislabeling" their page? If so, under what circumstances? Could the RSAC attach legal requirements to the use of their system, and open up such a loophole (similar to how Sun attaches conditions to the use of its "Java" logo)?
Seems to me that if the Web page author labels his page conservatively, i. e. "materials may be unsuitable for non-adults; may contain controversial material, may contain views different from your own, etc.". How can the author be liable for mislabeling?
I read Henry's question to refer to the case in which the Web page author rates a page "too low"; that is, in such a way that despite the use of RSAC/SurfWatch/etc. software, "undesirable" material gets through the filter. Suppose that an author provides a page which lists, say, clothing- optional beaches, complete with pictures. The author rates it as "suitable for family viewing" -- either naively, believing that no one will be offended; or deliberately, to make the point that the content is harmless and _should_ be considered suitable for family viewing; or simply in order to widen the potential audience. Henry's question (as I interpret it) is this: If prudish parents now catch their kid looking at a page with pictures of barenaked people, figure out why the page wasn't filtered out, and file suit against the author, what is likely to happen? ObCrypto, sort of: What if the page were retrieved through an HTTP proxy which, unbeknownst to the author (and the filtering service/SW), deliberately removes or alters the PICS-Label or other rating information? The author did, after all, _provide_ the "undesirable" material.... To what extent does the author's intent matter? Must Web authors now add a digital signature to each page (including its rating info), to prevent tampering? -- Martin Janzen janzen@idacom.hp.com ObRant: Or, before it comes to that, will people learn to take just the tiniest shred of [Exon]ing responsibility for themselves and their [Exon]ing kids?
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Martin Janzen