From: "L. McCarthy" <lmccarth@ducie.cs.umass.edu>
Date: Sat, 11 Feb 95 13:41:12 PST
To: cypherpunks@toad.com (Cypherpunks Mailing List)
Subject: Re: UMich student arrested for rape story
In-Reply-To: <199502110403.UAA12629@mail.igc.apc.org>
Message-ID: <199502112143.QAA12769@ducie.cs.umass.edu>
MIME-Version: 1.0
Content-Type: text/plain


Rich Dutcher writes:
> They *do* have to prove intent -- as to how, that's what juries are 
> for.  BTW, he used her real name in the post, with no disclaimers 
> about fiction.  From what I have heard, if he had said the same thing 
> in her presence, he could have been arrested for assault.

Based on the NY Times article I've read, you're omitting some important
extenuating circumstances here. For one thing, it was apparently posted to
alt.sex.stories, which seems to obviate the use of "fictional" disclaimers.
Furthermore, he did _not_ identify her as a UMich student.

I don't see the relevance of "if he had said the same thing in her presence".
He *didn't* !  There's an enormous difference between making a comment about
a person to third parties, and making the comment to that person.

According to the NY Times story, the woman mentioned in the story only heard
about it because reporters asked her about it !  I find a great deal of irony
in the report that the controversy started because an alt.sex.stories reader
in _Moscow_ tipped off the UMich authorities.

It appears that the Russians are allowed to read erotic fiction, while the
Americans are forbidden to read it, and get tossed in jail for writing it.
We've come a long way, baby. Yeah.

 -L. Futplex McCarthy; PGP key by finger or server   "The objective is for us 
  to get those conversations whether they're by an alligator clip or ones and 
  zeroes. Wherever they are, whatever they are, I need them." -FBI Dir. Freeh