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Date:      Sat, 19 Apr 1997 11:02:31 -0500 (CDT)
From:      "Jay D. Nelson" <jdn@qiv.com>
To:        Glen Foster <gfoster@gfoster.com>
Cc:        gpalmer@FreeBSD.ORG, sysop@mixcom.com, freebsd-isp@FreeBSD.ORG
Subject:   Liability (was: Binaries in Usenet (was: News...))
Message-ID:  <Pine.NEB.3.95.970419105654.485A-100000@acp.qiv.com>
In-Reply-To: <199704191447.KAA08481@tbd.gfoster.com>

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Along with news, what about my encrypted mail. Is an ISP a potential
federal target if a user's encrypted mail is suspected of "terrorist"
communication? What is an ISP's liability if they filter out encrypted
mail?

BTW, I never felt much need of encryption until the gov't got their
panties in a knot over key escrow.

-- Jay

On Sat, 19 Apr 1997, Glen Foster wrote:

->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*
->




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