Really? I believe I did. Don't get mad at me if you chose to ignore it. I gave you a link to the New York state penal code definition of criminal facilitation. Which spells out very clearly that one only needs a probable knowledge that his or her actions are allowing for a crime to occur. http://caselaw.lp.findlaw.com/nycodes/c82/a25.html
I also provided an appeals court decision that affirm the convection of a women that acted with out full knowledge that she was committing a crime. http://caselaw.lp.findlaw.com/data2/circs/8th/032780p.pdf I also addressed the issue that I ran a freenet node for a brief time and stated that if for what ever reason it came up I would simply plead out and do some community service. Though that would be almost imposable because there is no hard evidence I ever ran a node, and NO evidence that it ever transmitted anything illegal. You can fill all the complaints you want; the FBI has more important things to do. Failure to prosecute does not set a precedent in any way. Similarly I would never go to trial on this; I would simply plead the case out which also does not set a precedent. Quote - "The lack of honesty and integrity on the part of both yourself and your employer is no hindrance to this." ....? The operation of a node in and of itself is not illegal. Only when it starts transmitting illegal information can a potential problem arise. PS: We should really continue this in chat like toad requested. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Thursday, August 05, 2004 10:32 PM To: [EMAIL PROTECTED] Subject: [freenet-support] Showdown at the Freenode Coral Importance: Low Mr Matthew Findley You made certain claims on this list regarding the possible penal consequences of running a freenet node. I challenged you to provide law and/or precedent references to support your claims. You failed to do so. In fact, you silently ignored this challenge. I also challenged you to explain the fact that you yourself run a freenet node, in view of the facts that you (a) consider it illegal to do so and (b) post from a US department of justice address. You chose to silently ignore this challenge too. Based on your own claims regarding the legality of operating a freenet node and your disclaimer regarding the relation of the contents of your postings on this list to your employment, you are, according to yourself, either a liar or a criminal. Your period of grace with me is coming to an end. Unless you provide this list with an adequate - at my discretion - explanation of these discrepancies in your arguments, I will cause a formal complaint against you to be filed with the US department of justice for running a freenet node and thereby knowingly distributing illegal material. What all this boils down to is that, following a formal complaint, the US department of justice will only have two options: to prosecute you or to not prosecute you. If it fails to prosecute you, it will be setting a precedent very useful to freenet. If it does prosecute you, all freenet operators will be able to benefit from your defence in the case, no matter whether you finally get convicted or acquitted. The way I see it, both alternatives are good for freenet. You and your employer are just about to become tools for the promotion of freenet's goals. The lack of honesty and integrity on the part of both yourself and your employer is no hindrance to this. Taking all this into account, I would suggest that you talk with your boss and decide on a strategy. You can create some rather impressive FUD by going to prison, or you can drop the FUD and acknowledge that the operation of freenet nodes is not illegal. It's your call. I will wait 18 hours from the time stamp of this mail and then act. Sincerely, ZP _______________________________________________ Support mailing list [EMAIL PROTECTED] http://news.gmane.org/gmane.network.freenet.support Unsubscribe at http://dodo.freenetproject.org/cgi-bin/mailman/listinfo/support Or mailto:[EMAIL PROTECTED] _______________________________________________ chat mailing list [EMAIL PROTECTED] http://news.gmane.org/gmane.network.freenet.general
