[Vision2020] enough already
Bill London
london@moscow.com
Mon, 23 Jun 2003 17:47:05 -0700
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Regarding the court case both your citations referred to (Laurence
Godfrey's suit against an ISP called Demon for not removing a posting he
thought was defamatory):
I really do not think this is relevant to a suit against V2020 or FSR.
Primarily because the case was in England, which has very different
libel laws and no free speech first amendment right.
As the ABC news report notes:
A case like Godfrey’s could never happen in the US, Balkin
said. That’s because the Telecom Act of 1996
established
a “safe harbor” for Internet providers where they are
not
responsible for the contents of their services.
“The whole idea was to relieve the liability
pressure on
Internet service providers so they wouldn’t be squeezed
into removing things from newsgroups,” as has happened
in
the Demon case, Balkin said.
I still think the core issue is free speech.
BL
Dale Courtney wrote:
> Tom, You may want to review some recent court cases where ISPs (in
> both the USA and UK) have been held liable.
>
> * http://www.vnunet.com/Features/80998
> * http://abcnews.go.com/sections/tech/DailyNews/demon000331_segan.html
>
> I can provide more if you are interested. I'm not saying that an ISP
> should be responsible for what is hosted on their hardware. However,
> the courts are thinking that ISPs are more like newspapers. Best,Dale
> Courtney
>
> ----- Original Message -----
> From: Tom Hansen
> To: Dale Courtney ; vision2020@moscow.com
> Sent: Monday, June 23, 2003 17:11
> Subject: RE: [Vision2020] enough already
> I definitely agree that Mr. Stambler should be removed from
> this listserve. He was "ignorable" earlier. But now that
> he mentions names, it has gone a bit past the ignoring
> stage.Also, I seriously doubt that FSR can be held liable
> for comments made on this listserve. If ISP's could be held
> liable for comments made on their listserve, could you even
> begin to imagine the potential law suits originating in chat
> rooms?If I were a "damaged" party from any of these comments
> by Mr. Stambler, I wouldn't bring action against FSR.
> Why?? I would seek legal counsel and pursue Mr. Stambler.It
> is just that simple.Take care,Tom Hansen
>
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Regarding the court case both your citations referred to (Laurence Godfrey's
suit against an ISP called Demon for not removing a posting he thought
was defamatory):
<br>I really do not think this is relevant to a suit against V2020 or FSR.
Primarily because the case was in England, which has very different libel
laws and no free speech first amendment right.
<br>As the ABC news report notes:
<br>A case like Godfrey’s could never happen in the US, Balkin
<br>
said. That’s because the Telecom Act of 1996 established
<br>
a “safe harbor” for Internet providers where they are not
<br>
responsible for the contents of their services.
<br>
“The whole idea was to relieve the liability pressure on
<br>
Internet service providers so they wouldn’t be squeezed
<br>
into removing things from newsgroups,” as has happened in
<br>
the Demon case, Balkin said.
<br>I still think the core issue is free speech.
<br>BL
<p>Dale Courtney wrote:
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<font size=-1>Tom,</font> <font size=-1>You
may want to review some recent court cases where ISPs (in both the USA
and UK) have been held liable.</font>
<ul>
<li>
<font size=-1><a href="http://www.vnunet.com/Features/80998">http://www.vnunet.com/Features/80998</a></font></li>
<li>
<font size=-1><a href="http://abcnews.go.com/sections/tech/DailyNews/demon000331_segan.html">http://abcnews.go.com/sections/tech/DailyNews/demon000331_segan.html</a></font></li>
</ul>
<font size=-1>I can provide more if you are interested.</font> <font size=-1>I'm
not saying that an ISP <u>should</u> be responsible for what is hosted
on their hardware. However, the courts are thinking that ISPs are more
like newspapers.</font> <font size=-1>Best,</font><font size=-1>Dale
Courtney</font>
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<div style="FONT: 10pt arial">----- Original Message -----</div>
<div
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><b>From:</b>
<a href="mailto:thansen@moscow.com" title="thansen@moscow.com">Tom Hansen</a></div>
<div style="FONT: 10pt arial"><b>To:</b> <a href="mailto:dale@courtneys.us" title="dale@courtneys.us">Dale
Courtney</a> ; <a href="mailto:vision2020@moscow.com" title="vision2020@moscow.com">vision2020@moscow.com</a></div>
<div style="FONT: 10pt arial"><b>Sent:</b> Monday, June 23, 2003 17:11</div>
<div style="FONT: 10pt arial"><b>Subject:</b> RE: [Vision2020] enough already</div>
<span class=888290500-24062003><font color="#0000FF"><font size=-1>I
definitely agree that Mr. Stambler should be removed from this listserve.
He was "ignorable" earlier. But now that he mentions names, it has
gone a bit past the ignoring stage.</font></font></span><span
class=888290500-24062003></span><span class=888290500-24062003><font color="#0000FF"><font size=-1>Also,
I seriously doubt that FSR can be held liable for comments made on this
listserve. If ISP's could be held liable for comments made on their
listserve, could you even begin to imagine the potential law suits originating
in chat rooms?</font></font></span><span
class=888290500-24062003></span><span class=888290500-24062003><font color="#0000FF"><font size=-1>If
I were a "damaged" party from any of these comments by Mr. Stambler, I
wouldn't bring action against FSR. Why?? I would seek legal
counsel and pursue Mr. Stambler.</font></font></span><span
class=888290500-24062003></span><span class=888290500-24062003><font color="#0000FF"><font size=-1>It
is just that simple.</font></font></span><span
class=888290500-24062003></span><span class=888290500-24062003><font color="#0000FF"><font size=-1>Take
care,</font></font></span><span
class=888290500-24062003></span><span class=888290500-24062003><font color="#0000FF"><font size=-1>Tom
Hansen</font></font></span></blockquote>
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