From: Duncan Frissell <frissell@panix.com>
Date: Wed, 31 Jan 1996 23:50:34 +0800
To: Thomas Roessler <cypherpunks@toad.com
Subject: Re: [FACTS] Germany, or "Oh no not again"
Message-ID: <2.2.32.19960130105347.009a0f90@panix.com>
MIME-Version: 1.0
Content-Type: text/plain


At 06:10 PM 1/29/96 +0100, Thomas Roessler wrote:

>In particular, they are right now
>*checking* whether providing internet access is a criminal
>offence due to the possibility to gain access to `inciting
>material' (the German word is `Volksverhetzung') via the Net.

Whether providing mail service is a criminal offence due to the possibility
to gain access to `inciting material.' 

Whether providing phone service is a criminal offence due to the possibility
to gain access to `inciting material.' 

Whether selling radios is a criminal offence due to the possibility to gain
access to `inciting material.' 

Whether selling satellite dishes is a criminal offence due to the
possibility to gain access to `inciting material.' 

Whether teaching reading is a criminal offence due to the possibility to
gain access to `inciting material.' 

>Quite similar to the RSA T-Shirt story in the States. ,-)

But with much more reaction from the prosecutors.  I guess Germans are easy
to set off.  That means BTW that others can control them since they "have to
react."

Has German jurisprudence ever encountered the concept that the person who
requests something like a web page is the "actor" in this drama not the
carrier.  The carrier is not doing anything.  The requestor is controlling
the system momentarily.

DCF