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- Newsgroups: alt.comp.acad-freedom.talk
- Path: sparky!uunet!caen!sol.ctr.columbia.edu!eff!kadie
- From: kadie@eff.org (Carl M. Kadie)
- Subject: Re: NetNews as a common carrier?
- Message-ID: <1992Aug15.153011.28728@eff.org>
- Originator: kadie@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: The Electronic Frontier Foundation
- References: <9208151401.AA21304@jupiter.cse.utoledo.edu>
- Date: Sat, 15 Aug 1992 15:30:11 GMT
- Lines: 69
-
- sbrack@jupiter.cse.UTOLEDO.edu (Steven S. Brack) writes:
-
- > According to my understanding of common carrier status, news carriers
- >like UUnet would be common carriers, provided they carried *all* newsgroups.
- [...]
-
- I don't think it is that clear cut. Usually common carrier means that
- you carry "stuff" for any customer who meet your terms (even for
- competitors), not that you retail all "stuff" yourself. (Also, common
- carrier often means regulations as to what the terms are.) Thus, the
- common carrier model works well for email and network access, but not
- so well for newgroups.
-
- In those situations, I think the bookseller/library model is better.
- In any case, as you suggest, it looks as though the more editorial
- control you exercise, the more likely youq will be liable for content.
- In the extreme, a system like Prodigy that screens every article is
- likely as liable for content as if it had written the articles itself.
-
- - Carl
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- law/cubby-v-compuserv
- =================
- Report of a federal district court case which said CompuServe could
- not be held liable for the defamatory content because it exercised no
- editorial control.
-
- =================
- law/student-publications.misc
- =================
- Quotes from the book _Law of the Student Press_ by the Student Press
- Law Center (1985,1988). They say that four-letter words are protected
- speech, that public universities are not likely to be liable for
- publications that they for which they do not control the contents, and
- that the _Hazelwood_ decision does not apply to universities.
-
- =================
- faq/netnews.liability
- =================
- q: Does a University reduce its likely liability by screening Netnews
- for offensive articles and newsgroups?
-
- =================
- =================
-
- These document(s) are available by anonymous ftp (the preferred
- method) and by email. To get the file(s) via ftp, do an anonymous ftp
- to ftp.eff.org (192.88.144.4), and get file(s):
-
- pub/academic/law/cubby-v-compuserv
- pub/academic/law/student-publications.misc
- pub/academic/faq/netnews.liability
-
- To get the file(s) by email, send email to archive-server@eff.org.
- Include the line(s) (be sure to include the space before the file
- name):
-
- send acad-freedom/law cubby-v-compuserv
- send acad-freedom/law student-publications.misc
- send acad-freedom/faq netnews.liability
-
- --
- Carl Kadie -- I do not represent EFF; this is just me.
- =kadie@eff.org, kadie@cs.uiuc.edu =
-