From: jim@bilbo.suite.com (Jim Miller)
Date: Fri, 29 Jul 94 16:38:54 PDT
To: pierre@shell.portal.com
Subject: Re: AA BBS sysops found guilty
Message-ID: <9407292336.AA13690@bilbo.suite.com>
MIME-Version: 1.0
Content-Type: text/plain



> > At best, the SC decision could include language says that
> > persons downloading information are responsible for
> > ensuring that the material is not in violation of local
> > laws.  At worst, the SC could say that the operators of
> > information systems are responsible for insuring
> > material is not made available to persons in certain
> > regions, if the material violates laws in those regions.
> > 

> 

> And both are similarly unreasonnable: At best, how do you
> know for sure before you download,

Exactly what I fear most from this case.  In order to assist users, sysops  
may be required to rate and/or categorize all downloadable material using  
a rating scale or list of categories determined by some governing body  
(FCC?).  If the sysops do not following the guidelines, then they can be  
considered participants in the distribution of "bad stuff" to "good  
places".


> and at worst, are you supposed to know the law for all
> countries, states, counties and cities with access to
> Internet and connected networks when even an attorney
> cannot possibly know the law for a single state?
> 


I think "At worst" is not very likely, for the reasons you state.  That's  
why I worry more about "At best".

I think the only real good outcome would be that the verdict is overturned  
because of some technicality, preventing the case from becoming some kind  
of landmark.  However, this would only delay things until the next case.


Jim_Miller@suite.com