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Article #214

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

#214
From: Jim Butterfield
Date: Fri, 03 Jul 1998 00:00
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dmytrik@syntac.net (Dmytri Kleiner) wrote:

>Marc, please, the answer is obvious, having a doctor killed is not in
>the greater good of the community, which is why we have law enforcers
>and a justice system

And the law enforcers and justice system are likely go after the
directors of an organization who, knowing that such a posting had been
made, insisted on keeping it in the public view.  To repeat: the
organization need not police all postings; but when one is drawn to
its attention, it can't pretend to go blind.

>You and Jim are just making sensationalized examples to try and
>justify vigilantism.

Ya got me there, Dim .. the shooting of a doctor is an unheard of
event that could never possibly happen.  The posting of the address of
a house where such a doctor is claimed to reside couldn't possibly
cause any harm, right, Kleiner?  You'd just leave it right up there
for any interested parties to see.

>Stalking and sexual harrassement/abuse is a police matter, not one for
>the Free-Net Board of Directors.

Yet if the directors are told of a posting which might be the cause of
such stalking/harassment and do not remove the posting, they become
agents in causing the event.

Let me assure you that the law enforcement authorities are not skilful
surgeons in removing such offending material.  The TFN's equipment
will be hauled away as evidence, and the hard drive contents examined
at the convenience of the constabulary.  I have a feeling that this
would please Che Kleiner, since it would give him another soapbox to
scream from; but many thousands of TFN subscribers would be denied
service while this happens.

>And you Marc, have sunk to the level of Jim Blubberfield. Attempting
>to use pithy snubs to replace thought and logic.

I hope Marc feels complimented.  I hope his spelling is better than
Dimmy's.

>Marc, as I;ve said, *WE ALREADY HAVE A JUSTICE SYSTEM* to look out for
>our safety and rights

The justice system might not behave the way Kleiner thinks.  And his
fine ideals might seriously cripple the free communications presently
enjoyed by TFN members.

Sure, he has another ISP account, so when the TFN is hauled away he
won't be inconvenienced.  But some of us do care about that 8,000 and
more regular users of the TFN system who will lose their service.

>           ... the Free-Net Board of Directors does not need
> to undertake this responsibility

Any sensible board member should look closely at his or her personal
liability under such circumstances.  There is no liability insurance
for directors in the TFN.  There's never any insurance which will
cover criminal liability.  Dimmy's a firebrand, not a lawyer .. keep
in mind what Tim Pinos said two years ago (it's in the minutes of the
TFN board meeting of February 15, 1996).
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From: fjb@torfree.net (Jim Butterfield)
Subject: Re: (AUP) Free-Net or Kangaroo Court?
Date: 1998/07/03
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Organization: Toronto Freenet
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