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Now that the CDA decision has been made, I was wondering how this would affect the liability status of the various remailer operators? In the past several remailers have opted to discontinue service due to legal/political pressure. Will this CDA decision help to decrease remailer operator liability? John Perry - perry@alpha.jpunix.com - PGP-encrypted e-mail welcome! WWW - http://www.jpunix.com PGP 2.62 key for perry@jpunix.com is on the keyservers.
On Fri, 14 Jun 1996, John A. Perry wrote: > Now that the CDA decision has been made, I was wondering how this > would affect the liability status of the various remailer operators? In > the past several remailers have opted to discontinue service due to > legal/political pressure. Will this CDA decision help to decrease remailer > operator liability? I seem to get the idea that the problem is more in the realm of civil suits than problems with "direct" legality. I say direct, because IANAL and I don't know the correct way to phrase it. Saying it another way, it currently isn't the FBI that is the problem, but rather the CO$. Petro, Christopher C. petro@suba.com <prefered for any non-list stuff> snow@crash.suba.com
On Sat, 15 Jun 1996, snow wrote: > On Fri, 14 Jun 1996, John A. Perry wrote: > > > Now that the CDA decision has been made, I was wondering how this > > would affect the liability status of the various remailer operators? In > > the past several remailers have opted to discontinue service due to > > legal/political pressure. Will this CDA decision help to decrease remailer > > operator liability? > > I seem to get the idea that the problem is more in the realm of > civil suits than problems with "direct" legality. I say direct, because > IANAL and I don't know the correct way to phrase it. The distinction you seem to be looking for is civil v. criminal. > > Saying it another way, it currently isn't the FBI that is the > problem, but rather the CO$. I agree. This is one reason multi-jurisdictional services are going to have to be formed. At some point it is going to come down to, quite simply, a law v. technology issue. Crypto is simply too difficult, to slippery to regulate. See e.g., Clipper, France, ITAR, and other sillys. At some point remailers will be too. Recognize that crypto and anonymous information distribution technologies are alike in this fashion. > Petro, Christopher C. > petro@suba.com <prefered for any non-list stuff> > snow@crash.suba.com > --- My preferred and soon to be permanent e-mail address:unicorn@schloss.li "In fact, had Bancroft not existed, potestas scientiae in usu est Franklin might have had to invent him." in nihilum nil posse reverti 00B9289C28DC0E55 E16D5378B81E1C96 - Finger for Current Key Information Opp. Counsel: For all your expert testimony needs: jimbell@pacifier.com