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Date:      Mon, 21 Apr 1997 09:29:03 -0600
From:      Blaine Minazzi <bminazzi@denverweb.net>
To:        isp@freebsd.org
Subject:   Re: Binaries in Usenet (was: News...)
Message-ID:  <335B87BF.752DDE15@denverweb.net>
References:  <Pine.BSI.3.93.970420135811.10900L-100000@sidhe.memra.com> <9704211358.AA00543@works.co.uk>

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Mark Konkol wrote:
> 
> Michael Dillon wrote:
> > Email is already protected legally.
> > ...
> > Stuff in a Squid proxy cache is the same as stuff that is in transit and
> > may be buffered in any number of places.
> > ...
> > But USENET is very different, and IMHO it makes the ISP very vulnerable.
> > ...
> 
> Hmm, ok, if there is this legal distinction, clearly the solution is to set up a global news cacheing system. But I
> think there's a case to be made for saying that that's exactly what USENET is already...
> 
> Consider - web caches and news systems are similar in that:
> the info is stored on your system, but
> you have no detailed knowledge of what the info is, and
> unless you go out of your way to configure restrictions, filters and such-like, you have no real control of what the info is.

The sqid cache is not there for users to access directly, it is there
are the result of a request, and stored temporarily in case it gets
called again, it does not have to fetch it agian. YOu have no control
over it what requests are made, and info stored. It is not accessable
by users. It's purpose is efficiency and saving bandwidth.
Since it is not accessable by users, it would be very hard to make a
case that your intent was to break the law. Also, if the machine is shut
down, the cache is gone. 

News is STORED on your server, for the PURPOSE of being disseminated,
and is directly accessable by the users. If a particular newsgroup is
know to frequently contain illegal images, it would be much easier to
convice a jury that your intent was to make all forms of pornography
available, including illegal porn.  

The cache also does not go out and fetch things on it's own, or based on
what you think you might need today. Once it is retreived, it stays in
cache a while. News is gathered based on "what groups and articles do
you have?" and "Send me the ones I don't have".
If the users waht to fetch these images via a web browser, no one can
really stop them, and as an ISP, you are most likely not liable for
where they point their browser, or even if the image is stored in your
cache for a while.  If the stuff is being retrieved from a server inside
the USA though, the person who made the images available is subject to
prosecution.  

Quite a difference in most peoples eye's.

Blaine



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