From: "E. ALLEN SMITH" <EALLENSMITH@ocelot.Rutgers.EDU>
Date: Mon, 15 Apr 1996 10:27:28 +0800
To: tcmay@got.net
Subject: Re: washington post notices archives
Message-ID: <01I3JIIUTEUU8Y5179@mbcl.rutgers.edu>
MIME-Version: 1.0
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From: tcmay@got.net (Timothy C. May)

>1. Expect more and more of these sorts of copyright "cease and desist" (or,
>as I like to say, "decease and cyst") orders, as newspapers and magazines
>use search engines to find their stuff. Expect some "automated searches" to
>be done routinely, even offered as services by third parties. ("Find
>infringing copies...make $1000 a week in your spare time.")

>4. Suppose the HKS archives were actually offshore, in the Cayman Islands
>or in some place that doesn't recognize copyright law in the same way most
>Western or Berne Convention countries do?

	In addition, what if the material is edited down to try to conform to
fair use, as I do? First, you're still going to find it using the search
engines - and will have to filter it out. Second, the hoster of the data, if
locatable, will have to decide whether to respond to a legal threat and delete
something that may be within such guidelines. Third, such guidelines may vary
from country to country.

>5. Suppose access to such archives is done via Web remailers, and the
>location is not easily determinable? (To be sure, lots of hits means
>traffic analysis will reveal the location....the same general problem with
>"reply-blocks," of course.)

	To what degree could a remailer sense that its remailings are getting
too predictable (susceptible to traffic analysis)? If it had some means of
doing so (without keeping enough information to make subpoenaing it a
profitable proposition), then it could do something like the random
looping-back remailer chains, on an automatic basis to the degree needed to
offset analysis.
	-Allen