From: "Robert A. Costner" <pooh@efga.org>
Date: Mon, 12 Jan 1998 16:50:22 +0800
To: cypherpunks@Algebra.COM
Subject: Re: (eternity) mailing list and activity
In-Reply-To: <34B9327A.2AAEEF87@ix.netcom.com>
Message-ID: <3.0.3.32.19980112033654.03388468@mail.atl.bellsouth.net>
MIME-Version: 1.0
Content-Type: text/plain



At 05:52 AM 1/12/98 GMT, phelix@vallnet.com wrote:
>What prevents the operator of such a server from being charged with
>"conspiracy to provide child porn" or whatever?  If he is holding a portion
>of such contraband, isn't he as liable as if he was holding the whole
>article(s)?

In the US, the remaining provisions of the CDA would shield an ISP from
prosecution concerning child porn.  In fact most everything but
intellectual property cases, which may be shielded by other means.  If the
eternity server acts merely as a pipeline, without the operators
participating or encouraging illegal activities, then there is a good
chance that the eternity server could be treated as a service provider in
the same fashion and be immune from prosecution directly.


  -- Robert Costner                  Phone: (770) 512-8746
     Electronic Frontiers Georgia    mailto:pooh@efga.org  
     http://www.efga.org/            run PGP 5.0 for my public key