[net.news] liabilities

lauren@vortex.UUCP (Lauren Weinstein) (02/05/85)

For those of you only reading net.followup, please check over the
last week or so of net.news and net.news.stargate and you'll find my 
comments on the liability issues.  Regarding the lawyer's presentation 
at Usenix:

VERY BRIEF:

1) The Usenix board considers the view to be a worse case scenario.
   But that's what lawyers are for.

2) The board does not feel that there is anything necessarily bad about
   liabilities, so long as they understand what they are in advance.
   Every newspaper, magazine, TV station, and even Usenix when it
   publishes ";login" takes responsibility for what they 
   are distributing.  It's the price that's paid for putting out
   something of value.

3) The same lawyer told me that it would not be legally safe in
   any case to pump current Usenet groups through the satellite
   without moderation.  If there was going to be no control based
   on content, she suggested that secure authentication of each user
   would be required, and possibly signed statements from each
   accepting full responsibility for their postings to a 
   central computer.  In other words, you can't just set up an open,
   anonymous pipeline that freely allows libel, obscenity, and
   copyright violations and expect to escape responsiblity. 
   You cannot simply "pass along" the responsibility indefinitely
   and hope it will vanish.  This from the same person who made
   the talk at Usenix.

   If there was to be no control based on content, and
   since resource allocation would be required in any case (the
   satellite bandwidth is not unlimited) she suggested that 
   possibly people would have to be charged for everything they
   submit, or that everyone would have to be allocated a fixed
   amount of space (5K/day? 5K/week?) to fit into the allocation.

   In my view, both of the above are unfair and would be much
   more harmful to the level of info on the net than a carefully
   designed moderation system (which would also have the benefit
   of reducing the "noise" level to the point that more people
   could take the time to actually read netnews again.)
   I don't think people should be allowed to post infinite crap
   just because they have money, nor that everyone should be
   given equal slots of time.  The information quality DOES
   vary between people, and money isn't the deciding factor!

Like I said, the Usenix board does not consider liability, in and
of itself, to be anything more than a normal part of doing
business.  What will come out of all this is still far from decided,
that's for sure.

More on this is in net.news and net.news.stargate.

--Lauren--