🚀 go-pugleaf

Marc Bissonnette wrote:
> 
> 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.

Ah, but the moral and ethical requirement to report criminal activity
always exists. Elevating it to a formal written policy brings with it a
higher liability. It also brings about a nasty conundrum - will the ISP
become liable for activity which it ought reasonably to have known was
occurring? Does the freenet allow access to the many child pornography
and borderline child pornography newsgroups? Since mere possession is a
criminal offense in Canada, even possession of simulated child
pornography, or text only child pornography, allowing access to such
groups opens up the ISP to liability, especially when they have a
written policy of assisting law enforcement.

And, proving in a court of law to an uneducated jury that millions of
bytes of information are passed through the system which the ISP has no
knowledge of might not be as easy as it sounds. After all, juries never
ignore sound scientific and logical arguments, like, oh, O.J. Simpson's
DNA. 

The policy must be written carefully to limit liability.

I also question the value of putting such a policy in writing at all.
The moral and ethical duty to report is sufficient in Canada. Perhaps a
statement to the effect that all data passing through the ISP is not
confidential and may be accessed, saved, or used by the ISP for any
purpose, notwithstanding copyright laws.

-- 
Mark Denman ~E Aho Laula~ <"wider is better">
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