Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Path: utzoo!mnetor!uunet!husc6!necntc!ames!ucbcad!eros!max
From: max@eros.uucp (Max Hauser)
Newsgroups: news.admin,misc.legal
Subject: Re: Responsibility for postings.
Message-ID: <1932@ucbcad.berkeley.edu>
Date: Fri, 9-Oct-87 10:17:38 EDT
Article-I.D.: ucbcad.1932
Posted: Fri Oct  9 10:17:38 1987
Date-Received: Sun, 11-Oct-87 14:03:41 EDT
References: <4611@videovax.Tek.COM> <2488@sigi.Colorado.EDU>
Sender: news@ucbcad.berkeley.edu
Reply-To: max@eros.UUCP (Max Hauser)
Organization: University of California, Berkeley
Lines: 44
Summary: Let us beware of the flaky!
Xref: mnetor news.admin:1142 misc.legal:3060

This concerns only a narrow facet of the liability issue.

In article <4614@videovax.Tek.COM> stever@videovax.Tek.COM 
(Steven E. Rice, P.E.) writes:

[A great deal of stuff, including some uncommonly thoughtful points,
answering a lot of low-cost armchair speculation, and then this
sensible remark:]

>...
>It may seem to be harmless fun to disregard both reality and
>reasonableness when sitting down to write a blast at someone you don't
>know.  However, in the real world, actions have consequences.  All it
>would take is one person who decides he won't put up with being falsely
>accused, and the fat is in the fire.  The writer would find that
>defending himself against such a suit (even if he were eventually held
>to be not liable) would be a very expensive and time-consuming
>experience.

Valuable though this point is in warning people from blasting away
in anger, I am very much concerned about the flip side -- that the
last sentence is not necessarily true, and that moreover this is
unfortunate, because it could lead to to real personal injury over
the net. Some would-be libelers, you see, perceive very little 
accountability, not just because they are irresponsible or feel
untraceable, but also through lack of substantial assets, income
or position at risk to civil action. Even if they ARE found liable,
they may be incapable of restitution, and they know it. (Is it
perhaps only my impression that these are the very same people
who are themselves quick to sue people or institutions that do have
assets, hoping to "cash in"?)

It is tragic that some of the individuals most likely to cause
personal injury are the least personally accountable in our society,
a trite observation but relevant. Consider the uninsured-motorist
problem as another example. (I will not comment about politicians
and institutional officers, as this discussion concerns personal
injury on a "retail" level.)

This is part of my increasing concern about extending this net
more and more to the general public, great though the rewards
indisputably are -- on the up side.

Max Hauser / max@eros.berkeley.edu / ...{!decvax}!ucbvax!eros!max