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Article #114

Re: LAWYER AS LAWMAKER COP JUDGE & JURY

#114
From: Shaun Foy
Date: Sat, 13 Jul 1996 00:00
58 lines
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In article <4rvdk0$amc@zap.io.org>, gmarik@zap.io.org (Glen Merrick) wrote:

> >
> >I think that my argument is pretty simple and very logical. It works
> >like this:
> >
> >   Q. Does the ISP stand a reasonable chance that they will be involved
> >      in a litigation because they distribute newsgroup X.X.X.
> >
> >      If the answer is YES -> drop the newsgroup
> >      If the answer is NO -> keep the newsgroup
> >
> What may actually happen is that the dropping of these newsgroups may be 
> seen as "content control" and this is what got Prodigy in a lot of hot 
> water in the USA a short time ago.  The best approach is to say..heck with 
> it, we just carry the newsgroups people ask for and do not provide any 
> content control...It is up to you the parent to ensure content control.  
> This is virtually impossible, cause I can post any message to any 
> newsgroup and reach anyone.
> 

Glen, 

Yes, I agree that ISPs should be responsive to their customers.
Yes, I agree that ISPs should not sensor material that may be 
morally questionable to certain people. That said, I would like 
to hear (read:) you, or anyone else, say that ISPs should provide
material that is illegal.

It is illegal to possess or distribute child pornography. I can't
see that any ISP in their right mind would carry newsgroups that
are specifically intended to distribute child pornography - yes, 
I do realize that there are a number of ISPs that currently 
distribute these groups. 

It is true that you could post an illegal picture to any
newsgroup and the ISP would unknowingly distribute that 
picture. The important point, here, is that the ISP did not
knowingly distribute the material. The same can't be said
for ISPs that distribute alt.*.*.child-pornography/pedophilia.
Those newsgroups, obviously, aren't intended to discuss 
gardening practices in urban settings.

I have never argued that an ISP should decide what is morally 
acceptable and what is morally unacceptable. I have argued that
an ISP should make attempts to figure out what is: a) illegal, 
and b) going to cost them lots of money in legal battles to 
argue that it is not illegal. Once they determine which newsgroups
fall into these categories, I think they should remove those 
newsgroups. Given the amount of attention that has been paid 
to this issue recently, I am sure that, in the near future, you 
will find many ISPs dropping newsgroups that carry illegal 
material.

Kind Regards,

Shaun.
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From: sfoy@zoology.ubc.ca (Shaun Foy)
Subject: Re: LAWYER AS LAWMAKER COP JUDGE & JURY
Date: 1996/07/13
Message-ID: <sfoy-1307962016570001@cell.zoology.ubc.ca>
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references: <31db3548.17224920@nnrp.tor.hookup.net> <sfoy-0907961554000001@cell.zoology.ubc.ca> <4rur64$42u@milo.vcn.bc.ca> <sfoy-0907961810370001@cell.zoology.ubc.ca> <4rvdk0$amc@zap.io.org>
organization: University of British Columbia
newsgroups: torfree.general,tor.general,mtl.general,van.general,ont.general,bc.general,can.infohighway,can.legal,can.general,soc.culture.usenet,alt.news.media,soc.culture.canada,io.general,eye.general,comp.org.eff.talk,comp.org.cpsr.talk