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- From: mkj@world.std.com (Mahatma Kane-Jeeves)
- Subject: Re: legal question re anonymity online
- Message-ID: <C0IBzw.MH8@world.std.com>
- Organization: The World Public Access UNIX, Brookline, MA
- References: <C0I1Is.1yz@world.std.com> <1993Jan7.205816.26710@eff.org>
- Date: Thu, 7 Jan 1993 23:31:07 GMT
- Lines: 46
-
- In a reply to mkj, Mike Godwin wrote:
-
- >>Infuriated and in desperate need of financial help, John sues the
- >>BELL. My question: Does he have a case?
-
- >Absent more fact than this, almost certainly not.
-
- Thank you for your response to my message. I find your answers disturbing.
- Although I don't question your expertise (I'm not qualified to do so), your
- answers seem to defy common sense. And although I do not generally welcome
- increased liability for sysops (I've been one, and may be again), if true,
- this particular lack of liability seems unfortunate to me.
-
- Legal considerations aside for the moment, if I invite people into a situa-
- tion which I know is dangerous, or knowingly impose dangerous policies upon
- the innocent, it would certainly bother my conscience. For example, if I
- keep inviting people to swim at my pool, even though I don't use enough
- chlorine and some of them get sick from time to time, I would certainly
- feel like a heel -- especially if I charged admission. And in general, if
- anyone suffers unnecessarily as a result of any of my actions, I always
- feel an ethical responsibility to make some amends.
-
- This seems to me like such a fundamental moral minimum that I am surprised
- to hear you say it is not reflected in the law. Can you elaborate on why?
- Is this a general principle, or do you feel that BBSs are less liable than
- other businesses in analogous situations?
-
- >Absent actual negligence on the BELL's part, it won't be held liable.
-
- Like I said, I'm no lawyer, but I happen to have a reasonably recent copy
- of Black's Law Dictionary, so I decided to take a look at entries relating
- to the term "negligence". According to Black's, "Doctrine of negligence
- rests on duty of every person to exercise due care in his conduct toward
- others from which injury may result". This appears to me to bode ill for
- those who impose real-name policies. But elsewhere in Black's, I found
- that the standard by which legal negligence is judged is "Failure to exer-
- cise that degree of care ... which a man of ordinary prudence in the same
- situation and with equal experience would not have omitted." Would I be on
- the right track, therefore, in speculating that the reason why you feel
- real-name policies cannot constitute negligence is simply that such poli-
- cies are so widespread as to define "ordinary prudence"?
-
- Thanks again for your attention.
-
- --- mkj
-
-