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Article #203

Re: (AUP) Free-Net or Kangaroo Court?

#203
From: Jim Butterfield
Date: Wed, 01 Jul 1998 00:00
48 lines
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dmytrik@syntac.net (Dmytri Kleiner) wrote:


>Simply restating the laws is fine, however unnecessary, but saying
>that *WE* will take *ACTION* and *DISCIPLINE* users based on our own
>*INTERPRETATION* of the laws is thuggery, no better than a lynch mob.

There may be further questions involved.

As a hypothetical example (but one I don't think is too far fetched):
Suppose a posting appears in a TFN newsgroup saying something like "A
doctor who performs abortions lives at 1234 Anywhere Street .. I think
somebody with a rifle should visit him/her".  The poster may be
readily identifiable, or may not.  The posting may originate from
within the TFN, or not.

Now consider:  this posting is drawn to the attention of the TFN
Executive and Board of Directors, who decide to let it sit there until
"a judge rules on the matter".  Perhaps they tell the complainant that
it's nothing to do with the TFN, and if such person is concerned he
should go to the police; meanwhile, the message will be left in place.
And should the posting appear to have originated from a TFN member,
that member wouldn't even be asked about it.

It's clear that other ISPs in the Toronto area would deep-six such a
posting FAST.  But at least some directors seem to be saying that it
would be an abrogation of free speech to do _anything_.

Meanwhile, an MD living at 1234 Anywhere Street is shot.  Do the
directors of the TFN _really_ believe that no liability would accrue
to them?

We have had a mild case of this sort of thing already, as has been
mentioned by Wendy Guy.  A posting was made whose nature would be
likely to encourage stalking and sexual harassment, if not worse.
Should such events have occurred (and they didn't, as far as I know),
the directors would have been faced with some difficult questions, and
possibility both civil and criminal liability.  At the time, I checked
other newsfeeds; the offending message was not seen on other ISPs, and
I assume it had been removed.  So the good ol' TFN appeared to be the
major publisher of this forgery.

The directors are free to call their own strategy.  But I trust they
will not do so in a manner that will cause themselves personal
liability, or bring the TFN into disrepute.

			  --Jim
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From: fjb@torfree.net (Jim Butterfield)
Subject: Re: (AUP) Free-Net or Kangaroo Court?
Date: 1998/07/01
Message-ID: <359a5c72.403753@news.pathcom.com>
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Organization: Toronto Freenet
Newsgroups: torfree.general,torfree.policy,tor.general,can.infohighway