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Date:      Mon, 21 Apr 1997 09:09:01 -0600
From:      Blaine Minazzi <bminazzi@denverweb.net>
To:        isp@freebsd.org
Subject:   Re: How many customers read news (was Re: News...)
Message-ID:  <335B830D.3D947A59@denverweb.net>
References:  <Pine.BSI.3.95.970420195124.25289I-100000@buffnet11.buffnet.net> <3.0.1.32.19970420213538.009d6310@sentex.net> <3.0.1.32.19970421062113.0250c100@sentex.net>

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Mike Tancsa wrote:

> As far as I know, in Ontario, Canada,  an ISP is NOT required to go through
> each and every post to determine and judge whether or not a particular post
> is illegal or not.  I dont have time to do, and I dont think the police or
> the courts expect me to do it.  Sure, you can make reasonable efforts (e.g.
> not carry alt.pedophilia or alt.binaries.warez.*, which we dont), but I am
> not going to spend 24hrs a day going through
> alt.binaries.pictures.erotica.* to make sure each and every post does not
> depict someone under 18.

I don't know about canadian law.  Here, if a newsgroup carries a number
of illegal images, it really wouldn't matter _what_ the title of the
group was, you might find yourself facing charges. I don't think that a
jury would be as likely to aquit for
illegal images in alt.binaries.pictures.erotica.*  as they would on 
alt.tv.foo-bar
Whether you are convicted or not, the cost of defending yourself could
be rather high. 
If a law enforcement agency wants to put you out of business, they may
seize your equipment as evidence. You get it back AFTER the trial. 
Another twist, is they may seize ALL your assets they feel were gained
through illegal activities. ( like they do in drug cases. ) So, you
could find your house, car, bank accounts and equipment all seized. 
(owch! Now how are you going to hire an attorney? )The Fourth amendment
has become as effective as toilet paper with that practice.
While someone here is hashing it out in court, their customers go down
the street to the next ISP, and the telco and maybe your upstream still
expect to get paid. Same with office space, etc. You could be bankrupt
and done for before it even makes it to court for trial.

So, for here, removing ALL binaries ( in the sexually oriented groups at
least.) could show that you were trying to do your part.  Since they are
such bandwidth pigs, simply getting rig of all binaries in newsgroups
would be the best solution, IMHO.

As ISP's, I feel we have a responsibility to try to prohibit criminals
from using our service to conduct thier illegal activities, while
providing our legitimate customers with as much service as possible. 
Actually, I am surprised that many ISP's care more about the money than
the fact that we are being _used_ by criminals to help them break the
law.
Hell, why not just let a drug dealer put a little package in your car
for your routine trip across the country to aunt emma's. They put it
there, someone on the other end picks it up, but as long as YOU don't
know whats in it, your not liable?  That will get you a room with
striped sunlite in this country. 

Blaine



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