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Re: Detweiler clone at WS

6 expanded posts ยท every known parent and child

NODE bd81c37dRe: Detweiler clone at WS
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

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NODE d66cf1e9Re: Detweiler clone at WS
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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
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
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
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NODE 4a57f4beRe: Detweiler clone at WS
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
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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
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