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Date: Sat, 19 Apr 1997 10:47:52 -0400 (EDT)
From: Glen Foster <gfoster@gfoster.com>
Message-Id: <199704191447.KAA08481@tbd.gfoster.com>
To: gpalmer@freebsd.org
CC: sysop@mixcom.com, freebsd-isp@freebsd.org
In-reply-to: <15920.861419057@orion.webspan.net> (gpalmer@freebsd.org)
Subject: Re: Binaries in Usenet (was: News...) 
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One issue that I haven't seen raised in this overlong discussion are
the legal consequences of standard netnews administration.  

Of course it is illegal to destroy any evidence that a crime has been
committed, whether or not you know about the crime (it is called
obstruction of justice).  Does this make it OK to expire any groups
except the groups that are likely to contain "kiddie porn" or other
illegal material?  Only half a ":-)" here! (I guess this would be
".-,").

It would be enlightening to see a lawyer's considered opinion about
the defensibility of standard ISP practices in dealing with
questionable material.  I suspect much would hinge on intent, if you
think porn is OK then you can expire it, if you think it is illegal or
potentially illegal then you can't.  If someone believes that criminal
acts are occurring then it is their responsibility to report them to
the authorities.

Please don't read this as me trying to be alarmist.  I doubt that
there is any real threat unless "the authorities" have some other
reason to target a particular ISP.  However, it is not unknown for
them to use every weapon at their disposal for the purpose of coercion
or prosecution.

Disclaimer: I am not a lawyer nor am I likely to be offerred a TV role
as one.

Glen Foster <gfoster@gfoster.com>

>From: "Gary Palmer" <gpalmer@freebsd.org>
>Date: Fri, 18 Apr 1997 23:04:17 -0400
>
>Lucky we have this thing called `expire' *grin*