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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!looking!brad
- From: brad@clarinet.com (Brad Templeton)
- Subject: Re: legal question re anonymity online
- Organization: ClariNet Communications Corp.
- Date: Mon, 11 Jan 1993 06:59:08 GMT
- Message-ID: <1993Jan11.065908.16502@clarinet.com>
- References: <19491@mindlink.bc.ca> <BZS.93Jan10225358@world.std.com>
- Lines: 29
-
- Right, though if you run an online service and offer *true* anonymity,
- ie. you the operator don't even know who the posters are, I think you
- run a risk of assuming liability for defamation and other materials you
- publish from these truly anonymous users.
-
- If you offer pseudonums, and know who the people are in your secret records,
- then you might reduce your liability, if you're not ruled to be a publisher.
- Publishers in general are co-liable with authors, whether they print the
- author's name or not.
-
- I can see the value of truly anonymous services, but I fear the law will
- not look kindly on them. I could easily see people viewing a truly
- anonymous BBS (of which there are still many today) as nothing but
- a facilitator for speech without accountability. As such there is a danger
- that courts could rule that all liability falls on the operator of a
- truly anonymous system for copyright violation, libel, threats, obscenity
- or violation of official secrets laws. This could just about ban such
- systems if there were such a ruling.
-
- Which is bad, because the world sometimes needs these channels, though
- lord knows that I wouldn't want to read them most of the time.
-
- When you've been in the online world, you know that anonymity and
- pseudonyms are great fun in their place, and great facilitators for
- certain types of discussion. However you also realize that for
- serious discussion, people act more responsibly when their true name
- appears on their posts, and the resulting forums are more pleasant.
- --
- Brad Templeton, ClariNet Communications Corp. -- Sunnyvale, CA 408/296-0366
-