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From: lars@spectrum.CMC.COM (Lars Poulsen)
Newsgroups: comp.org.eff.news
Subject: Re: Evidence (was Re: Musing on Constitutionality)
Message-ID: <20822@well.sf.ca.us>
Date: 20 Sep 90 22:19:55 GMT
References: <8306@helios.TAMU.EDU> <26938:Sep1814:48:2390@kramden.acf.nyu.edu> <4572@qip.UUCP>
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In article <26938:Sep1814:48:2390@kramden.acf.nyu.edu>
	brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:
DB> Suppose you were to publish [stolen credit card numbers] in an
DB> advertisement in a national newspaper. When that advertisement
DB> would be distributed throughout the world, would the Secret
DB> Service be able to confiscate
DB> each newspaper in which that particular advertisement resides?

In article <4572@qip.UUCP> john@qip.UUCP (John Moore) writes:
JM> The newspaper would not publish the list in the first place.
JM> Electronic media [are] special in that frequently there is no editor.

For a small publication, the editor and publisher are often the same
person. No big deal. The reason that most publications would hesitate
to print this hypothetical ad, is that the publisher may be held
criminally liable for what appears in his publication. Indeed, for a
small publication, the printing apparatus might be confiscated.

By analogy, it may not be unreasonable to hold the "publisher" (i.e. the
owner/SYSOP) jointly liable with the poster for whatever appears on the
bulletin board.

Indeed, this may require that the SYSOP not allow unmoderated discussion
except within closed user groups whose members have all signed a pledge
of responsible behaviour and are all known to the SYSOP.

Seems pretty reasonable to me ...
-- 
/ Lars Poulsen, SMTS Software Engineer
  CMC Rockwell  lars@CMC.COM