Problem of Enforcement- Laws
Who is responsible for messages?
- original sender?- they created it
- carrier?- they sent it
- receiver only?- they downloaded it
What metaphor should define carrier's responsibility?
- printing press- getting protection over content
- broadcasting- need to restrict pervasive distribution
- supermarket/airport- some laws allowing access
to private places
- front sidewalk- need to keep it clean; post rules
- bookstore- can seller be responsible for everything
in store?
- club- freedom to 'associate' must be respected
Does the punishment/investigation fit the crime?
- Confiscating a computer BBS-
- it is like confiscating 'printing press?'
- confiscating a 'post office'
- What is a valid legal search? -
- looking through files with search programs?
- printing everything out?
New kinds of problems
- What about rules in one country/place applied elsewhere?
- Can a Californian be arrested for a message he posts
that ends up in Georgia.
- Defining who is liable- carrier, senders, etc.
- If an online service 'filters' content- do they become
responsible for what comes through? Often it seems so.
- If an online service does not 'filter' content, can they
ignore all content? Not always. Like being liable for your side walk