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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!gatech!paladin.american.edu!howland.reston.ans.net!zaphod.mps.ohio-state.edu!sol.ctr.columbia.edu!eff!world!mkj
- From: mkj@world.std.com (Mahatma Kane-Jeeves)
- Subject: Re: legal question re anonymity online
- Message-ID: <C0M7KB.A02@world.std.com>
- Organization: The World Public Access UNIX, Brookline, MA
- References: <BETSYS.93Jan8125312@ra.cs.umb.edu> <C0KIMB.HIv@world.std.com> <BZS.93Jan8234039@world.std.com>
- Date: Sun, 10 Jan 1993 01:45:47 GMT
- Lines: 57
-
- Mike Godwin writes:
-
- >It is always a bad idea to suppose that one can assemble a legal theory
- >from a law dictionary.
-
- I can't argue with you there. I realize that only a fool would
- attempt to mount legal arguments given my limited resources, and
- that is in fact the only qualification I claim to possess. It's
- been fun, though, right? And educational, at least for me.
-
- >>It is an old concept in English law called "Invitation", concerning
- >>the responsibilities of shopkeepers toward their customers, fair
- >>organizers toward the fair's patrons, and so forth:
- >
- >Online services have never been held to be a "place" for the purpose of
- >transforming customers into business invitees.
-
- Your wording is ambiguous. Have they ever been clearly held *not*
- to be such a place?
-
- >Because the doctrine of duties to invitees derives from physical hazards
- >on physical premises.
-
- That appears to me to be a mere semantic red-herring, having no
- foundation in the obvious intent of the doctrine. Why would this
- principle which is sound in a physical location be unsound in a non-
- physical one? I am also curious as to why you say the doctrine is
- limited to "physical hazards"; do you mean it doesn't apply to non-
- physical injuries suffered on physical premises? How odd.
-
- >So far, there have been no cases of conference-system users being stalked
- >on the basis of information given out by the system. So, it's unclear that
- >they're "getting themselves into" anything risky at all.
-
- I assume by "no cases" you mean no court cases, and that may be
- true. But I myself have observed cases of users being stalked or
- otherwise annoyed, myself not least among them. And although case
- law is certainly important, I don't imagine you meant that it is our
- only protection, did you?
-
- With regard to whether conference users are getting themselves into
- anything risky, as I said to Barry Shein, it is probably impossible
- to assess the risk on a rigorous statistical basis. But my own
- personal experiences and observations lead me to believe that the
- risks are not altogether insignificant.
-
- In any event, we are all aware of cases of stalking which have
- resulted from exposure in other media. The nets may have been
- relatively immune so far, because they have been accessible to only
- a small audience. But this is changing rapidly; the nets are grow-
- ing at an amazing pace, and will soon be on a par with other mass
- media. I see nothing in principle which makes this medium less
- risky than others in regard to stalking, do you?
-
- --- mkj
-
-
-