nanog mailing list archives

Re: On Internet and social responsibility


From: "Joel Baker" <lucifer () lightbearer com>
Date: Mon, 17 Sep 2001 13:27:26 -0600


On Mon, Sep 17, 2001 at 12:10:40PM -0700, David Schwartz wrote:

On Mon, 17 Sep 2001 09:08:51 -0400, Greg Mirsky wrote:

Or perhaps you're more tolerable to Chechen terrorists using American
info-space then if it would be bin Laden using it? Would your company
host a site that posts Laden's fatwahs (sp?)? Would you provide them
with 24*7 customer support? If not, please try to explain to me, where's
difference?

 No, I wouldn't. The difference is, my company is mine and it's my right
to choose what speech I wish to carry over my network. Another network
carrying someone else's speech is not mine, and the principle of freedom
of speech demands that I not use my government as a club to suppress the
speech of others.

 I realize this might be considered a complex distinction by people not
from this country. But it's absolutely fundamental to the philosophical
principles on which America was founded. Foreigners sometimes think it's
nutty.

Another fairly important point to it - a US company also has every right
to limit what you can say with their service (by AUPs, etc) in the contract
you sign to obtain service. Censorship beyond this is a matter of breach,
rather than First Amendment rights. Just as you are not guaranteed any sort
of audience, you also aren't guaranteed a podium from which to speak, in
most cases (there are certain specific exceptions to this, of course).

IANAL, of course. File complaints with the relevant RFC-specified addresses
at the carrier, if you believe it to be in violation of their AUP, or in
criminal violation of libel laws (please note that slander is only spoken,
not written, and libel has a fairly specific definition; if you don't know,
you shouldn't be claiming this without retaining legal counsel, yadda yadda
etc).
-- 
***************************************************************************
Joel Baker                           System Administrator - lightbearer.com
lucifer () lightbearer com              http://users.lightbearer.com/lucifer/


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