🚀 go-pugleaf

Wendy Guy (cq915@torfree.net) wrote:

: Actually I can see Dmytri's point. It may be splitting hairs but they're 
: very consequential hairs.

: If we state that someone must break the law before we take action, we put 
: ourselves in the position of second-guessing the judicial system's 
: handling of such a case. While I don't see this in quite the extreme way 
: that Dmytri does, I do see problems with it.

: On the other hand, if we create a set of guidelines which mirror and 
: reflect key points in our justice system that apply to our little corner 
: of the world, and call them our own policies, then we have drawn a 
: boundary around what is acceptable within our walls without necessarily 
: linking ourselves to any outside legal process.

	and that is the point at which tfn fails to be a freenet and 
becomes a controlled bbs.
	unless you are willing to redraw the articles of incorporation, 
the charter and other documents, you've just increased tfn liability.  a 
member could then invoke redress should any punitive action be sought 
against them as a result of your proposals. 

: This does not mean that seeking outside legal action is not an option --
: on the contrary. TFN can choose to refer a complaint to the greater legal
: system, or to handle it regardless within its own organisational
: boundaries, or both. By creating a set of guidelines (called whatever you
: want) that reflect Canadian laws, we draw our organisational boundaries in
: a way that is in sync with our containing community, which makes a lot of
: sense to me. 

	which puts in question common carrier status - which may make tfn  
liable for email content.  and the content of member work directories.

: Drawing up our own set of guidelines also enables TFN to more easily and
: fairly take action when deemed necessary by our Board according to the
: circumstances, rather than waiting to find out what the outside legal
: system decides -- something you told me you support. 

	which puts in place a device which could all too easily be 
abused.  and subject tfn to legal action.  

	nice to see you were sleeping through most of the debate.  too 
bad you awoke to rejoin it with your elbows in your ears. 
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