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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: legal question re anonymity online
- Message-ID: <1993Jan11.000610.11691@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <C0KIMB.HIv@world.std.com> <BZS.93Jan8234039@world.std.com> <C0M7KB.A02@world.std.com>
- Date: Mon, 11 Jan 1993 00:06:10 GMT
- Lines: 74
-
- In article <C0M7KB.A02@world.std.com> mkj@world.std.com (Mahatma Kane-Jeeves) writes:
-
- >>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?
-
- My wording is hardly ambiguous. But there have never been any cases in
- which online services have been held to be a "place" for the purposes of
- defining customers as business invitees, and this is probably because no
- one has thought it was a legal theory worth pursuing. The law of invitees
- is grounded in protecting people from *physical* hazards on *physical*
- premises that they might not otherwise know about. In your case, we have
- a nonphysical "premise," and a hazard (nonanonymity) that the users know
- about.
-
- >>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.
-
- I'm afraid you don't know what the intent of the doctrine is, then. What I
- stated here about the doctrine of duties to invitees is entirely correct.
-
- >Why would this
- >principle which is sound in a physical location be unsound in a non-
- >physical one?
-
- Look, if you want to create a new law regarding invitees, fine. But let's
- not pretend there's any history to support this law, okay? You can't have
- it both ways--either you're deriving law from precedent, or you're making
- new law altogether. If you think it would be a good idea for such new law
- to exist, fine, but the doctrine of duties to invitees derives from
- precedents, and the precedents involve physical premises.
-
- > 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.
-
- "Non-physical injuries?" Such as what?
-
- >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.
-
- Your hypothetical case was quite specific: A service denies anonymity,
- then "somehow" manages to disclose address data about a user. The user is
- stalked *physically* as the result of this disclosed data. Which cases
- like this have you observed? If you haven't observed any, and there
- haven't been any court cases with this fact pattern, why should the law be
- altered to address a problem that has not manifested itself?
-
- >And although case
- >law is certainly important, I don't imagine you meant that it is our
- >only protection, did you?
-
- If you are proposing new law, fine. But your consultation with Black's Law
- Dictionary suggests that you were trying to say that *old* law supports
- your theory.
-
-
-
- --Mike
-
-
-
-
- --
- Mike Godwin, |"I'm waiting for the one-man revolution
- mnemonic@eff.org| The only one that's coming."
- (617) 864-0665 |
- EFF, Cambridge | --Robert Frost
-