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- Path: sparky!uunet!wupost!emory!gatech!usenet.ins.cwru.edu!agate!zabriskie.berkeley.edu!spp
- From: spp@zabriskie.berkeley.edu (Steve Pope)
- Newsgroups: comp.org.eff.talk
- Subject: Re: legal question re anonymity online
- Date: 8 Jan 1993 08:56:09 GMT
- Organization: U.C. Berkeley -- ERL
- Lines: 41
- Distribution: inet
- Message-ID: <1ijfj9$js4@agate.berkeley.edu>
- References: <C0I1Is.1yz@world.std.com> <1993Jan8.010839.899@uoft02.utoledo.edu>
- NNTP-Posting-Host: zion.berkeley.edu
-
- In article <1993Jan8.010839.899@uoft02.utoledo.edu> jsteiner@anwsun.phya.utoledo.edu (jason 'Think!' steiner) writes:
- >IMHO, John Q. doesn't have a case. the fact that he's bringing it
- >against BELL instead of the perpetrator is an indication of just how
- >screwed up the current system is.
-
- But, there's some evidence that the BELL is already worried
- about what their users might do with the system. (For example,
- as an ass-covering move, the BELL doesn't let its users
- telnet out to SMTP ports for fear that its users will create
- mail forgeries and incur a liability.)
-
- Obviously, the plaintiff in such a lawsuit would present
- a case the BELL allowed criminal bombers to use
- the BELL conferencing system for selecting targets. Picking
- a target is an integral part of terrorist activity.
- Seems to me the BELL lured in the unsuspecting John Q.,
- tricked him into providing his real name, seduced him into
- participating in one of their controversial conferences
- and next thing you know, John Q. became Molotov fodder.
-
- By aiding and abetting terrorist bombers in this
- critical phase of their mission, the BELL could be
- held to be in a position of "contributory negligence".
-
- It is not necessary that the BELL have specific
- knowledge that leftwing bomber types would use
- their system for picking targets. It need only be
- shown that the BELL "should have known" this was
- likely. (Precedent: "Soldier of Fortune" was held
- liable as being a forum used by killers-for-hire,
- even though SOF had no specific knowledge of their
- activities. The plaitiffs would similarly argue the BELL
- is a forum for left-leaning Molotov-cocktail types!)
-
- But in reality, John Q. would have lots of trouble
- finding an attorney to represent him. As it turns
- out, the BELL is flat broke, and has very few assets
- to attach. (Can't get much cash for those old
- Sequent superminis...)
-
- Steve
-