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Article #237Re: (AUP) Free-Net or Kangaroo Court?
From: Dmytri Kleiner
Date: Tue, 07 Jul 1998 00:00
Date: Tue, 07 Jul 1998 00:00
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4113 bytes
Kurt Wismer (cr764@torfree.net) wrote: : Dmytri Kleiner (dmytrik@syntac.net) wrote: : : On 2 Jul 1998 15:09:40 GMT, dragnet@internalysis.com (Marc : : Bissonnette) wrote: : : >>The following will result in your account being terminated: : : >> : : >> 1. Being convicted of using the resources of the TFN in an illegal : : >> manner by a Canadian court of law with the appropriate : : >> jurisdiction : : >> : : >> 2. Any attempt to compromise the security of, or to gain unauthorized : : >> access to, any computer connected to the Internet. : : > : : >Hyppocrasy again : : No Marc, just you stretching desperately for another excuse to use : : insults in lue of actually having a point. : : >. Breaking system security is *ILLEGAL*. : : Breaking system security may or may not be illegal, that is not : : relevant since I have already stated that legality is a matter for the : : courts to decide. : but you also seem to be saying that with regard to at least one type of : criminal offence (breaking system security is covered under sections 342 : and 430 of the criminal code of canada) you are willing to forgo legal : proceedings... I'll try to clarify, I am not against the TFN having rules, I am against the TFN attempting to interpret the rules of the justice system, I support the TFN's right to say we can terminate youre account because you broke *OUR* rules, not because we *THINK* you broke the rules of Canada. i.e. Good Rule: Though shall not violate our system security, bad rule: though shall not do anything illegal. We *DO* have the qualifications and jurisdiction to determine of someone violated our system security, we *DO NOT* have the qualifications or jurisdiction to determine if someone violated Canadian law. Get it yet? Whether we have the due process to deal with either, however, remains a question in my mind. : : As a public service, we have *NO* right to dictate what you *SAY* via : : our system, or to determine the legality of that speech. : : We do however have a right to control *HOW* our system is used, what : : services we make available, and to protect our equipment and : : configuration from being damaged. : : Anyone that blatantly attempts to compromise our system design is : : therefore refusing to use the system as it was designed to be used, : : in which case we are justified in preventing them from using it. : but it would seem to be more in keeping with your views on speech that we : wait for the law to prove an individual actually compromisedc our system : design... : : This has nothing to do with interpreting the law or freedom of speech : no, it has to do with interpreting other laws... they may not pertain to : speech, but they are laws... To simplify; it's OK if against our rules *AND* is against the law, it's not OK if it's against our rules *BECAUSE* it's against the law. As long as our actions are based on the inerpretation of *OUR* rules, not interpretations of the law.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 10643c,af8b91c1b67e9f45 X-Google-Attributes: gid10643c,public X-Google-Thread: 10aaae,af8b91c1b67e9f45 X-Google-Attributes: gid10aaae,public X-Google-Thread: 103731,af8b91c1b67e9f45 X-Google-Attributes: gid103731,public X-Google-Thread: 1511e9,af8b91c1b67e9f45 X-Google-Attributes: gid1511e9,public From: quirk@torfree.net (Dmytri Kleiner) Subject: Re: (AUP) Free-Net or Kangaroo Court? Date: 1998/07/07 Message-ID: <EvqLDK.EF.0.bloor@torfree.net> X-Deja-AN: 369308276 References: <359ee5f7.5387101@news.alt.net> <6n8u5j$gus$2@news.interlog.com> <35981165.2F55@pacbell.net> <6n977j$s14$1@news.interlog.com> <EvCHKJ.C4B.0.hotlips@GTS.Net> <6n9r7f$mdr$2@news.interlog.com> <359a189e.1497720@news.alt.net> <EvF8GC.98B.0.queen@torfree.net> <35a06ec6.39395417@news.alt.net> <6ng7rk$l3s$1@news.interlog.com> <35ac0588.18391420@news.alt.net> <EvKv0D.Co5.0.queen@torfree.net> Organization: Toronto Free-Net Newsgroups: torfree.general,torfree.policy,tor.general,can.infohighway