[Vision2020] enough already
Ellen Roskovich
gussie443@hotmail.com
Mon, 23 Jun 2003 20:00:49 -0700
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<P><STRONG><FONT color=#000099 size=4>I do not understand why D.S. is still around making crazy posts to vision2020. Some of us have been subscribers long enough to remember back 5 years or so when FSR pulled the plug on a woman at the UI and purged the archives of all her posts. It has been done in the past.....why can't it happen again? Of course then it involved a local lawyer, law enforcement, the courts, etc. With that line-up I'm sure that when someone whispered "lawsuit" FSR sat up and took notice. </FONT></STRONG></P>
<P><STRONG><FONT color=#000099 size=4>E.A. Roskovich, Moscow, ID</FONT></STRONG></P>
<P><STRONG><FONT color=#000099 size=4></FONT></STRONG><BR><BR> </P></DIV>
<DIV></DIV>>From: Bill London <LONDON@MOSCOW.COM>
<DIV></DIV>>Reply-To: london@moscow.com
<DIV></DIV>>To: Dale Courtney <DALE@COURTNEYS.US>
<DIV></DIV>>CC: vision2020@moscow.com, bill moore <BMOORE@FSR.COM>
<DIV></DIV>>Subject: Re: [Vision2020] enough already
<DIV></DIV>>Date: Mon, 23 Jun 2003 17:47:05 -0700
<DIV></DIV>>
<DIV></DIV>>Regarding the court case both your citations referred to (Laurence
<DIV></DIV>>Godfrey's suit against an ISP called Demon for not removing a posting he
<DIV></DIV>>thought was defamatory):
<DIV></DIV>>I really do not think this is relevant to a suit against V2020 or FSR.
<DIV></DIV>>Primarily because the case was in England, which has very different
<DIV></DIV>>libel laws and no free speech first amendment right.
<DIV></DIV>>As the ABC news report notes:
<DIV></DIV>>A case like Godfrey’s could never happen in the US, Balkin
<DIV></DIV>> said. That’s because the Telecom Act of 1996
<DIV></DIV>>established
<DIV></DIV>> a “safe harbor” for Internet providers where they are
<DIV></DIV>>not
<DIV></DIV>> responsible for the contents of their services.
<DIV></DIV>> “The whole idea was to relieve the liability
<DIV></DIV>>pressure on
<DIV></DIV>> Internet service providers so they wouldn’t be squeezed
<DIV></DIV>>
<DIV></DIV>> into removing things from newsgroups,” as has happened
<DIV></DIV>>in
<DIV></DIV>> the Demon case, Balkin said.
<DIV></DIV>>I still think the core issue is free speech.
<DIV></DIV>>BL
<DIV></DIV>>
<DIV></DIV>>Dale Courtney wrote:
<DIV></DIV>>
<DIV></DIV>> > Tom, You may want to review some recent court cases where ISPs (in
<DIV></DIV>> > both the USA and UK) have been held liable.
<DIV></DIV>> >
<DIV></DIV>> > * http://www.vnunet.com/Features/80998
<DIV></DIV>> > * http://abcnews.go.com/sections/tech/DailyNews/demon000331_segan.html
<DIV></DIV>> >
<DIV></DIV>> > I can provide more if you are interested. I'm not saying that an ISP
<DIV></DIV>> > should be responsible for what is hosted on their hardware. However,
<DIV></DIV>> > the courts are thinking that ISPs are more like newspapers. Best,Dale
<DIV></DIV>> > Courtney
<DIV></DIV>> >
<DIV></DIV>> > ----- Original Message -----
<DIV></DIV>> > From: Tom Hansen
<DIV></DIV>> > To: Dale Courtney ; vision2020@moscow.com
<DIV></DIV>> > Sent: Monday, June 23, 2003 17:11
<DIV></DIV>> > Subject: RE: [Vision2020] enough already
<DIV></DIV>> > I definitely agree that Mr. Stambler should be removed from
<DIV></DIV>> > this listserve. He was "ignorable" earlier. But now that
<DIV></DIV>> > he mentions names, it has gone a bit past the ignoring
<DIV></DIV>> > stage.Also, I seriously doubt that FSR can be held liable
<DIV></DIV>> > for comments made on this listserve. If ISP's could be held
<DIV></DIV>> > liable for comments made on their listserve, could you even
<DIV></DIV>> > begin to imagine the potential law suits originating in chat
<DIV></DIV>> > rooms?If I were a "damaged" party from any of these comments
<DIV></DIV>> > by Mr. Stambler, I wouldn't bring action against FSR.
<DIV></DIV>> > Why?? I would seek legal counsel and pursue Mr. Stambler.It
<DIV></DIV>> > is just that simple.Take care,Tom Hansen
<DIV></DIV>> >
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