From: trestrab@GVSU.EDU (BETH TRESTRAIL)
Date: Wed, 20 Apr 94 07:50:29 PDT
To: cypherpunks@toad.com
Subject: Re: Remailer Musings
Message-ID: <9403207668.AA766863508@GVSU.EDU>
MIME-Version: 1.0
Content-Type: text/plain


kitten writes:
  
>On the other hand, part of the rules of being a common carrier are
>that one is *required* to cooperate with appropriate
>authorities to prevent this sort of abuse and to catch said
>abusers if/when it happens.  I suspect that Mr. Templeton's
>lawyer could make a case that by setting up a remailer
>where one cannot "trace calls," one is violating the
>requirements of being a common carrier, and thus is
>responsible for content.

The PO delivers mail whether or not it has a return address, let alone
whether it has a _correct_ return address, so I suspect that Mr.
Templeton's lawyer would have to be very creative indeed to pass that
analogy by anyone who isn't asleep at the wheel. I think his thinly
veiled warnings re: remailer operator legal liability are an attempt
to intimidate, as it can get expensive to defend yourself even from
a very weak claim ....... just ask Phil Zimmerman.

          Jeff
          trestrab@gvsu.edu