Interesting People mailing list archives

Re: Interesting point House vote on illegal images sweeps in Wi-Fi, Web sites


From: David Farber <dave () farber net>
Date: Tue, 11 Dec 2007 04:11:35 -0500



Begin forwarded message:

From: bobr () bobrosenberg phoenix az us
Date: December 11, 2007 12:24:15 AM EST
To: "David Farber" <dave () farber net>
Subject: Re: Interesting point House vote on illegal images sweeps in Wi-Fi, Web sites

Dave

Can some lawyer on IP tell us if this violates, at minimum, the spirit of the
Preamble to the Bill of Rights -- not to mention the fourth Amendment?

FROM THE PREAMBLE TO THE BILL OF RIGHTS:

"THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the
beneficent ends of its institution."
http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html

Happy Holidaze!
Bob

--
Bob Rosenberg
P.O. Box 33023
Phoenix, AZ  85067-3023
Mobile:  602-206-2856
LandLine:  602-274-3012
bob () bobrosenberg phoenix az us

**************

"Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and
creates a country where everyone lives in fear."
-- President Harry S. Truman, message to Congress, August 8, 1950

"Civil government cannot let any group ride roughshod over others simply because
their consciences tell them to do so."
-- Justice Robert H. Jackson
While an Associate Justice of the United States Supreme Court, Jackson was appointed Chief United States Prosecutor at the International War Crimes Tribunal in
Nuremberg, Germany.





Begin forwarded message:

From: Karl Auerbach <karl () cavebear com>
Date: December 7, 2007 2:15:46 PM EST
To: dave () farber net
Subject: Re: [IP] Re:     House vote on illegal images sweeps in Wi-
Fi, Web sites

David Farber wrote:

One of the things that this statute does is to require reporting even
when no content laws are being violated.  Rather it requires a
provider to look for "circumstances that appear to indicate a
violation".  In other words, a provider is required to report even
when ambiguous situations and even when no illicit activity is, in
fact, occuring. This will, of course, lead to providers taking the
safe route and reporting on even the slightest hint.

And who are these providers that may have to report?  Why it is you
and me and anybody who runs a wireless access point - or even one of
the new XO, One Laptop Per Child, units that naturally cooperate to
form a wireless mesh.

                --karl--







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