Mike.Riddle@f27.n285.z1.fidonet.org (Mike Riddle) (05/27/90)
I posted the following list to this newsgroup some time ago, but
recent events cause me to repost it. (I'm sure our esteemed moderator
will kill it if it's unnecessarily duplicative.)
The following law review articles should be available at the law
library near you, or through interlibrary loan. They all touch on
issues related to recent inquiries about system operator liability and
privilege occasioned by recent law enforcement activities.
This is by no means an exhaustive list, but it's pretty good, and will
give any interested party a starting point for further research.
Comment, Computer Bulletin Board Operator Liability for User Misuse,
54 Fordham L. Rev. 439 (1985).
Comment, An Electronic Soapbox: Computer Bulletin Boards and the First
Amendment (authored by Eric C. Jensen), 39 Fed. Comm. L. J. 217
(1987).
Hernandez, ECPA and Online Computer Privacy, 41 Fed. Comm. L. J. 17
(1989).
Soma, Smith & Sprague, Legal Analysis of Electronic Bulletin Board
Activities, 7 W. New England L. Rev. 571 (1985).
While oriented toward Bulletin Board Systems, the analysis provided
would appear to fit larger applications, such as this newsgroup. When
reading them, remember that three were written before the ECPA was
enacted, and that there has been little reported litigation involving
the ECPA. In legal terms, the law is "unsettled."
Disclaimer: I am not a lawyer. Anyone seeking legal advice should
contact an attorney. No warranties of any kind are offered or implied.
(My wife doesn't pay any attention to me, and I don't mind myself very
often, so why should you?)
Ybbat (DRBBS) 8.9 v. 3.11 r.3
* Origin: [1:285/27@fidonet] The Inns of Court 402/593-1192 (1:285/27.0)
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Mike.Riddle@f27.n285.z1.fidonet.orgPMW1@psuvm.psu.edu (Peter Weiss) (05/29/90)
More on this subject can be found in the telecom-archives via Anon. FTP lcs.mit.edu under sysops.libel.liability. Please note the extensive footnotes and references. Peter M. Weiss | 31 Shields Bldg | University Park, PA USA 16802