Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site amd.UUCP
Path: utzoo!watmath!clyde!burl!amd!eager
From: eager@amd.UUCP (Mike Eager)
Newsgroups: net.news.stargate
Subject: Re: Monitoring net.sources is impossible
Message-ID: <949@amd.UUCP>
Date: Sat, 9-Feb-85 02:45:58 EST
Article-I.D.: amd.949
Posted: Sat Feb  9 02:45:58 1985
Date-Received: Sun, 10-Feb-85 05:18:54 EST
References: <219@chalmers.UUCP>
Organization: AMD Applications, Santa Clara, CA
Lines: 20

> If a program transmitted via Stargate prints an obscene or libellous
> message when it is run (or perhaps just on a particular date), is the
> carrier/monitor/whoever legally liable?

There are laws on the books which are applied to film processing.  It is
against the law to send obscene material thru the mail. [Definitions shift
randomly depending on political situation.]  If a film processor realizes
that it has received and processed film which it believes to be obscene, 
they will refuse to return the processed film thru the mail.  Sometimes they
will send a letter indicating that the film may be picked up in person.  
Other times, they will [self-righteously] destroy the film, notifying the
owner.

It seems reasonable that the intent would be used to determine if someone is
liable.  If a program generates an obscenity, to hold a carrier/monitor/etc.
liable would seem to require that they knew that it was obscene or that they
failed to take "reasonable" precautions to avoid transmitting obscenity.  One
does not have to take extraordinary precautions.

-- Mike Eager