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Article #84

Re: Was it right?

#84
From: Jim Butterfield
Date: Fri, 09 Jan 1998 00:00
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Jason Arron Black (cj224@torfree.net) wrote:

: The Vancouver community Net cut my account for posts I made to usenet
: I posted some articles that the VCN claimed was "Hate"
: but since they didn't have a rule against posting "hate"
: they had a quicky meeting then added a new rule to their user
: agreement addressing so called hate speech.

Since there are laws against "hate material", it's likely that the 
Vancouver net was concerned with their liability on the matter.  It's no 
fun for members of a board of directors to receive a summons from the 
police for permitting illegal posting to take place.

We don't know the articles, and don't know if you might have crossed the 
line or not.  It's a hard judgment call, even when you have such material 
in front of you (often).

I don't know what the Vancouver user agreement says, but the Toronto 
Freenet one says something along the lines of "a member's account may be 
cancelled at any time for any reason".

: Now, this is where it gets really Orwellian

: After the new rule was added, I stopped using my VCN account
: and put my email on forwarding, no more posts were made to usenet
: nor did I send any email...nothing at all

It's often the case that if the offending party admits error and says 
that he/she won't do it again, privileges are quickly restored.  On the 
other hand, when the party says, "I'll do it again as soon as I get the 
chance", the regulating organization often takes a hard line.

Again, we don't know the circumstances.

Are you directing a question to the TFN board here?  Are you asking what 
you might be allowed to get away with?  Attend a board meeting, and ask.

Meanwhile, you're alerting the Toronto Freenet board (and its members) that 
you've had trouble elsewhere, which just might make people examine your 
posts more closely.

The Vancouver Community Net and its policies are not of direct interest 
to the Toronto Freenet and its members.  It might be more strict; it 
might be more permissive; we don't know (and generally, it doesn't worry 
us either way).  I've removed newsgroup torfree.general from the 
followups to this response.

Since you've also posted to newsgroups van.general, bc.general, and 
bc.politics, it seems likely to me that there may be a continuing debate 
there as to what you did and whether or not it was acceptable.  You could 
also try other newsgroups such as can.infohiway or a legal group, but I 
suggest you don't overdo it.

: The problem is, the articles in question were posted *BEFORE*
: the new rule was added, and the VCN has decided to use it agianst me
: regardless of the fact that I heeded their warning that If I continued
: to post any questionable articles after the new rule was added
: I would have my account cut.

I wonder if you responded to them, expressed regret, and assured them it 
would not happen again?  Contrition often works wonders.  But, in any 
case, it's between you and them .. the TFN and its members are just 
bystanders and don't have enought facts to judge the matter.

: should VCN or any freenet for that matter be able to create new rules
: and use them against you for things that were done or said
: before the rule was created?

Again:  the TFN agreement says, "At any time, for any reason".

: Is the Freenet right or was the users account wrongfully terminated?

Take them to court if you feel that strongly about it.

			  --Jim
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From: fjb@torfree.net (Jim Butterfield)
Subject: Re: Was it right?
Date: 1998/01/09
Message-ID: <EMIo5r.IvH.0.queen@torfree.net>
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References: <EMHL97.KA.0.bloor@torfree.net>
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Organization: Toronto Free-Net
Newsgroups: torfree.general,van.general,bc.general,bc.politics