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-
- From: brad@LOOKING.ON.CA(Brad Templeton)
- Subject: The status of the electronic forum (BBS)
- Date: 27 Sep 90 00:57:23 GMT
-
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- *** CuD #2.05: File 4 of 7: The Status of the BBS ***
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-
-
- People keep trying to figure out what an electronic forum (or bulletin
- board) is in traditional terms -- common carrier or publication.
-
- I think that it is not analogous to any of the old forms, and a new type of
- law has to be created to apply to it.
-
- There are 4 types of BB today:
- A) The completely open BB with no supervision (USENET newsgroup,
- some BBS operations)
- B) The supervised open BB. (most BBS, GEnie, CIS forums, etc.) C) The
- heavily supervised BB. (Prodigy, moderated USENET group) D) The fully
- edited electronic publication
-
- D is a direct analog of the traditional publication. C is very close, but
- not quite. A is close to the "common carrier" model, but does not match
- it exactly. B has little analog in traditional publishing.
-
- All four are of course(*) deserving of constitutional protection of free
- speech. For all are published forms of expression.
-
- The closest thing to A is common carrier or enhanced service provider
- status, where the carrier is not liable for what is transmitted. However
- there are many differences. For one, I have not heard of a "public
- broadcast" common carrier, where messages are sent to arbitrary members of
- the public who request the material. The closest analog might be Ham
- radio, although Hams are licenced and thus not classed as general public.
- They are also restricted in use. Of course "Ham radio" is a thing, not an
- organization.
-
- In addition, most type A systems do have some controls and checks and
- balances. They do not have the "service to anybody who asks is mandatory"
- rule of common carriers.
-
- I would view each individual author as the publisher, and the system owner
- as a tool in this case. On the other hand, I would support the right of
- system owners to restrict *who* has access, if not necessarily what they
- say.
-
- Type B is also a new animal. Such systems are supervised, but supervised
- after-the-fact. ie. any user can post any message, but the
- SYSOP/supervisor/moderator can delete things after the fact. The amount of
- this deletion ranges from almost none to moderate. Sometimes it is there
- as an option, but never actually practiced. This needs a new type of law.
-
- Type C is very close to a publication, and may not need a new type of law.
- In this case, all messages must be approved before they go out -- ie. they
- pass through a human being first. This is not too different from a
- classical publication. However, in most such cases, the editors do not
- truly act as editors. They merely select material based on
- appropriateness to a forum. Only because the law requires it do they also
- sometimes attempt to remove libel and criminal activity. The editors
- almost never select material to match their own views, and it is not
- assumed that postings reflect the editor's views.
-
- Thus in A and B it is clear that the author is the publisher and the system
- is the medium. In C the author and system operator are jointly involved in
- publication. In D the system operator is the publisher, and the author is
- just the author.
-
- What new types of law? This we can discuss.
-
- Type A:
- Authors fully responsible for their postings. No liability for SYSOP
- unless illegal activity deliberately encouraged. (ie. "The Phone Phreak
- BBS" might have a liable SYSOP, but "Joe's Amiga BBS" would not be liable
- if somebody posts a phone credit card number.)
-
- NO complete anonymity. Author's names need not be revealed in the forum
- itself, but a record should exist for the authorities in case of libel or
- other illegal activity by an author. The sysop must maintain this list in
- return for the limit of SYSOP's liability.
-
- (Note SYSOPS still have the right to delete material, but not the
- obligation.)
-
- Type B:
- Authors continue to be responsible for their postings. SYSOPS responsible
- for illegal material which they are aware of but do not delete in a timely
- fashion. Anonymity possible, if desired.
-
- Type C:
- Authors responsible together with SYSOPS for postings. If Author warrants
- to SYSOP that material is legit, most liability goes to Author. SYSOP
- must not permit any obviously illegal material, and delete any material
- found to be illegal ASAP.
-
- Type D:
- Standard publication. No new law.
-
- Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473
-
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