home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: alt.comp.acad-freedom.talk
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!moe.ksu.ksu.edu!ux1.cso.uiuc.edu!cs.uiuc.edu!kadie
- From: kadie@cs.uiuc.edu (Carl M. Kadie)
- Subject: [] File 4--SYSLAW (Review #1)
- Message-ID: <BzMzwC.HG5@cs.uiuc.edu>
- Followup-To: alt.comp.acad-freedom.talk
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- Date: Tue, 22 Dec 1992 01:24:12 GMT
- Lines: 81
-
- [A repost - Carl]
-
- Date: Wed, 11 Nov 92 14:13:30 CST
- From: Mike.Riddle@IVGATE.OMAHUG.ORG(Mike Riddle)
- Subject: File 4--SYSLAW (Review #1)
-
- SYSLAW (Second Edition). By Lance Rose and Jonathan Wallace. Winona
- (Minn.): PC Information Group, Inc. 306 pp. $34.95 (paper).
-
- The old truism that law follows technology comes as no surprise to
- readers of the Computer Underground Digest. Many, if not most, of the
- (horror) stories we hear about "evil hackers", or the (sometimes)
- excesses of various law enforcement agencies, can be understood much
- better when we realize the lack of computer knowledge within society
- at large. System operators, be they sysadmins at a large university
- or commercial site, or sysops of a PC-based bulletin board in a
- basement or closet, increasingly have questions about their legal
- rights and responsibilities. Can I delete that user? Should (or can
- I legally) censor or delete that message or file? How can I protect
- myself from civil or criminal liability? Can my equipment be seized
- because of something a user does?
-
- SYSLAW is an attempt to explore the gap between statutes and case law
- on the one side, and technological reality on the other. Since the
- law works slowly, many of the questions about the intersection of law
- and technology do not have textbook answers. But "the smallest
- journey begins with a step." Messrs. Rose and Wallace have made a
- substantial step down that path.
-
- While the courts have yet to rule on many of the questions posed by
- sysops, sysadmins, and others, we still have fundamental principles of
- constitutional and communications law to rely upon. Rose and Wallace
- begin by exploring Sysop rights within the traditional framework of
- Constitutional law, particularly the First Amendment.
-
- After discussing the Constitutional principles that apply to Sysops,
- they then go on to explore the contractual nature of computer
- communications. Contracts are legally enforceable agreements, and we
- find them everywhere in daily life. Sometimes we even realize that a
- contract is involved, and a small fraction of those contracts are
- important enough to be written down.
-
- Bulletin boards are the same way. Explicit or implied contracts are
- established when a user logs on to a bulletin board. Rose and Wallace
- suggest the wise sysop recognize this reality, and explicitly lay out
- a contract for use. They also include a sample as an appendix.
-
- Another area of concern is the law of intellectual property. Who owns
- the posts? Does a moderator (either usenet or Fido style) have any
- ownership in the overall newsgroup or echo? When can messages legally
- be copied? What about files and executable code? While the context
- may be new, many of the questions are old and have relatively
- well-established answers.
-
- What about "injurious materials" on a bulletin board? Is the sysop
- liable? What did _Cubby v. Compuserve_ really decide? What are the
- rules on search and seizure, and what has actually happened in the few
- cases we know about? Does the sysop have an obligation to search for
- and/or warn about viruses? What about sexually explicit material?
-
- Many of these areas do not have clear answers, and one of the
- strengths of SYSLAW is that the authors do not attempt to invent law
- where it doesn't exist. But in the places where the law is unsettled,
- they do a good job explaining the legal, social and sometimes moral
- considerations that a court would consider if the question arose.
- They sometimes tell you what they think the result might be, or what
- they think it should be. They caution at the start that until courts
- consider several cases, and/or until we get appellate decisions, the
- users and operators incur some degree of risk in engaging in certain
- activities. The reader is left with a better understanding of the
- issues involved, and reasonable actions sysops might take to insulate
- themselves from liability of one sort or another.
-
- SysLaw is available from PC Information Group, 800-321-8285 or
- 507-452-2824, and located at 1126 East Broadway, Winona, MN 55987.
- You may order by credit card or by mail. Price is $34.95 plus $3.00
- shipping and (if applicable) sales tax. Price is subject to change
- after January 1, 1993. For additional information, please
- --
- Carl Kadie -- I do not represent any organization; this is just me.
- = kadie@cs.uiuc.edu =
-