🚀 go-pugleaf

In article <3597F02C.999@pacbell.net>, mdenman@pacbell.net says...
>
>Actually, by taking on the responsibility for illegal activity
>originating from their systems, the Freenet has also taken on a major
>liability as well.
>
>Imagine a freenet user stalking someone. Imagine child pornography
>posted from freenet. 
>
>Now imagine freenet being sued for this. Other ISP's have policies about
>illegal usage, but it is stated as etiquette and includes fine print
>exempting the provider from actual responsibility for these illegal
>activities. Freenet better have gotten some good legal advice about this
>new policy.
>

This is hardly about taking resposibility for illegal activity. It is the 
reminder to users of the pertinant Canadian Laws that we must ALL obey. The TFN 
reserves the right to terminate accounts, suspend them, issue warnings, etc, 
for ANY REASON AT ALL. This would include capricious whim. While the board has 
never done that (capricious whim) it does have the right to terminate accounts 
for whatever reasons it deems fit. 

The apparant breaking of laws is a pretty damned good reason to boot a user.

Plus, your example is incomplete. it should read:

>Imagine a freenet user stalking someone. Imagine child pornography
>posted from freenet and the freenet being fully aware of it. 
>
>Now imagine freenet being sued for this. Other ISP's have policies about
>illegal usage, but it is stated as etiquette and includes fine print
>exempting the provider from actual responsibility for these illegal
>activities. Freenet better have gotten some good legal advice about this
>new policy.

Liability only occurs after the ISP (in this case, the Freenet) is made aware 
of it. That is to say, if I posted something illegal via the TFN and you (Mark 
Denman) sent a note to the TFN making them aware of it, liability starts there. 

If, however, my illegal activities go unnoticed, the TFN is not liable since 
it is analagous to making Bell Canada responsible for all the drug-deals and 
murder-plots that happen over it's phone lines. 

The AUP is basically stating that we support the laws of Canada and will do 
everything in our power to aid enforcement agencies when illegal behaviour is 
brought to our attention. We also have a moral responsibility not to allow the 
continuance of illegal activities on our systems. I don't know about you, but 
as a parent, KNOWING that there is a kiddie-porn creator on our systems, and 
not doing a thing about it would drive me insane. 

If sick and twisted people like Dmytri want to defend the rights of stalkers 
and child-pornography creators, that's their souls, not mine, but I will have 
nothing to do with bastards like that.



-- 
Marc Bissonnette
InternAlysis
Corporate Internet Research and Results!
http://www.internalysis.com