Another problem w/Data Havens...

I can see a potential problem with Data Havens (as they've been discussed
here) that may very well inspire the wrath of the authorities more than
nuclear secrets or dirty pictures of J.Edgar Hoover...

How does one keep a site from becomming a remote pirated-software exchange
site? (Esp. since after that MIT case laws may be changed...) It seems that
such a service could become a magnet for the "elite warez" crowd... and even
if the operator isn't jailed it could lead to a shutdown of the service.

On Sat, 14 Jan 1995, Robert Rothenberg wrote:

> Date: Sat, 14 Jan 1995 23:45:41 -0500 (EST)
> From: Robert Rothenberg <rrothenb@libws4.ic.sunysb.edu>
> To: cypherpunks@toad.com
> Subject: Another problem w/Data Havens...
> 
> 
> I can see a potential problem with Data Havens (as they've been discussed
> here) that may very well inspire the wrath of the authorities more than
> nuclear secrets or dirty pictures of J.Edgar Hoover...
> 
> How does one keep a site from becomming a remote pirated-software exchange
> site? (Esp. since after that MIT case laws may be changed...) It seems that
> such a service could become a magnet for the "elite warez" crowd... and even
> if the operator isn't jailed it could lead to a shutdown of the service.
> 

Properly formatted, a dispersed multijurisdictional data haven can 
effectively say "Who cares" to the entirety of your point.

A data haven that mandates encryption for all incoming data will be 
essentially immune from this sort of problem.  The real measure of 
shutdown will be (on non-privately owned sites) the level of traffic that 
begins to interefere with other functions of the site.

Data havens that can split data to two or more locations in seperate 
jurisdictions can effectively ignore attention from authorities not 
related to the site management or site preformance.  Encryption mandated 
sites can also take this stance, while encryption is legal in any event.

-uni- (Dark)

--
073BB885A786F666 nemo repente fuit turpissimus - potestas scientiae in usu est
6E6D4506F6EDBC17 quaere verum ad infinitum, loquitur sub rosa    -    wichtig!

Robert Rothenberg wrote:

> such a service could become a magnet for the "elite warez" crowd...


What's wrong with young, curious eLiTiStS running storing sites for
mutual benefits ('warez')? Some say copyright is dead. Others have
taken this to their hearts, especially for private use, and I don't
blame them. Copyrighted data on a server in a jurisdiction that
doesn't acknowledege the copyrights - a prime use for Data Havens
when they come of age.

Mats

A couple of days ago I wrote:

> > such a service could become a magnet for the "elite warez" crowd...
> 
> 
> What's wrong with young, curious eLiTiStS running storing sites for
> mutual benefits ('warez')? Some say copyright is dead. Others have
> taken this to their hearts, especially for private use, and I don't
> blame them. Copyrighted data on a server in a jurisdiction that
> doesn't acknowledege the copyrights - a prime use for Data Havens
> when they come of age.

I'm not saying anything is wrong with it.... just that it is a problem
that can lead the "authorities" to try to shut down the site, esp. when
the pornography bogieman wears out (pun intended ;).  Strangely, even
though it's more socially acceptable for people to use "borrowed" wares
there's poorer arguments for defending it than "pornography"... hardly
any cries of foul happen when a board or site is busted for pirated
software than pornography.

Basically, what I'm saying is that it's an issue that data haven admins
should keep in mind (esp. if there's a fee): perhaps they can most safely
be run in jurisdictions with lax or no copyright laws.

> 
> Mats
> 
Rob