NODE bd81c37dRe: Detweiler clone at WS
Duncan Frissell <frissell@panix.com>Fri, 1 Jul 94 02:37:37 PDT
R.>The down side was that licensing was mentioned as the first recourse
R.>from the state. When we complained of the financial hit, the talk
R.>turned to registration. But the sense was clearly toward proactive
R.>state control.
Are these people mentally retarded or what. A BBS is a publication. The
1st Amendment was specifically written to outlaw the British licensing of
publications. No risk.
DCF
--- WinQwk 2.0b#1165
NODE d66cf1e9Re: Detweiler clone at WS
roy@sendai.cybrspc.mn.org (Roy M. Silvernail)Fri, 1 Jul 94 06:02:23 PDT
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In list.cypherpunks, frissell@panix.com (Duncan Frissell) writes:
> R.>The down side was that licensing was mentioned as the first recourse
> R.>from the state. When we complained of the financial hit, the talk
> R.>turned to registration. But the sense was clearly toward proactive
> R.>state control.
>
> Are these people mentally retarded or what.
I'm not qualified to answer that. :)
> A BBS is a publication. The
> 1st Amendment was specifically written to outlaw the British licensing of
> publications. No risk.
Until some case law comes about that recognizes this, It Just Ain't So.
Right now, electronic publishing isn't recognized by the courts as
publishing (because we don't kill trees, I suppose).
- --
Roy M. Silvernail [] roy@sendai.cybrspc.mn.org
It's just this little chromium switch.......
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NODE c088be98Re: Detweiler clone at WS
"Perry E. Metzger" <perry@imsi.com>Fri, 1 Jul 94 06:12:16 PDT
Roy M. Silvernail says:
> > A BBS is a publication. The
> > 1st Amendment was specifically written to outlaw the British licensing of
> > publications. No risk.
>
> Until some case law comes about that recognizes this, It Just Ain't So.
> Right now, electronic publishing isn't recognized by the courts as
> publishing (because we don't kill trees, I suppose).
Untrue as of Tuesday, when the Supremes came out with a decision
recognising (to a limited extent) the 1st amendment rights of cable
companies. However, you are right that no direct precedent exists.
Perry
NODE 7c918f01Electronic press ?=? Paper press
tcmay@netcom.com (Timothy C. May)Fri, 1 Jul 94 09:22:34 PDT
Roy M. Silvernail wrote:
(quoting Duncan Frissell)
> > A BBS is a publication. The
> > 1st Amendment was specifically written to outlaw the British licensing of
> > publications. No risk.
>
> Until some case law comes about that recognizes this, It Just Ain't So.
> Right now, electronic publishing isn't recognized by the courts as
> publishing (because we don't kill trees, I suppose).
Not so.
Writers who use computers, journalists who write directly to
electronic distribution, etc., are just as protected against
censorship or prior restraint as paper-oriented journalists are.
Any law which required, for example, writers like us to submit their
writings to some government censorship agency would of course be
struck down immediately.
(Note: "Wartime" situations may be different, which is why I fear the
term "War" in "War on Drugs," "War on Money Launderers," and "War on
Barny Bashers.")
--Tim May
--
..........................................................................
Timothy C. May | Crypto Anarchy: encryption, digital money,
tcmay@netcom.com | anonymous networks, digital pseudonyms, zero
408-688-5409 | knowledge, reputations, information markets,
W.A.S.T.E.: Aptos, CA | black markets, collapse of governments.
Higher Power: 2^859433 | Public Key: PGP and MailSafe available.
"National borders are just speed bumps on the information superhighway."
NODE 4a57f4beRe: Detweiler clone at WS
Duncan Frissell <frissell@panix.com>Fri, 1 Jul 94 10:18:53 PDT
On Fri, 1 Jul 1994, Roy M. Silvernail wrote:
> Until some case law comes about that recognizes this, It Just Ain't So.
> Right now, electronic publishing isn't recognized by the courts as
> publishing (because we don't kill trees, I suppose).
> - --
> Roy M. Silvernail [] roy@sendai.cybrspc.mn.org
I know the courts have never ruled in a case in point but is there any
doubt that BBS are publications. They are in text for the most part.
They resemble the "Broadsides" that were a big part of public discourse
in 1789 in the Confederacy (The US under the Articles of Confederation).
What are they, chopped liver?
DCF
NODE c038e7eaRe: Detweiler clone at WS
roy@sendai.cybrspc.mn.org (Roy M. Silvernail)Fri, 1 Jul 94 15:03:05 PDT
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Quoth frissell@panix.com (Duncan Frissell), in list.cypherpunks:
> On Fri, 1 Jul 1994, Roy M. Silvernail wrote:
>
>> Until some case law comes about that recognizes this, It Just Ain't So.
>> Right now, electronic publishing isn't recognized by the courts as
>> publishing (because we don't kill trees, I suppose).
>> - --
>> Roy M. Silvernail [] roy@sendai.cybrspc.mn.org
>
> I know the courts have never ruled in a case in point but is there any
> doubt that BBS are publications.
- From the court's point of view, there was. Another message on the list
mentions a favorable decision Tuesday that will help to set some good
precedent. Up until then, BBS' were't recognized _legally_ as publishers.
> What are they, chopped liver?
In case you missed it, I never said I agreed with this point... only
tried to put some quasi-legal light on it. I think legal recognition is
way overdue.
- --
Roy M. Silvernail | #include <stdio.h> | PGP 2.3 public
roy@sendai.cybrspc.mn.org | main(){ | key available
| int x=486; | upon request
| printf("Just my '%d.\n",x);} | (send yours)
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