Please can we take this to chat?  I will post my response there.

On Wed, Feb 28, 2001 at 06:23:14PM +0100, Oskar Sandberg wrote:
> On Wed, Feb 28, 2001 at 02:38:19PM +0000, Theodore Hong wrote:
> <> 
> > I would argue the opposite.  I think that our best defense is to try as
> > hard as possible to make a blocking mechanism impossible.  The presence of
> > a blocking mechanism is what triggers the legal obligation to use it.
> > Compare Cubby v. Compuserve with Stratton Oakmont v. Prodigy -- Compuserve
> > gets off because they exercise no control over content.  However, Prodigy,
> > by attempting to filter some content, was made liable for what it let
> > through. 
> 
> Yes, but what is design and what is implementation? Freenet node operators
> are running a system intentionally designed to make content control
> impossible - in a society that legally expects its citizens to spy and
> turn in one another (which is exactly what our society have become in this
> respect), how will running a network designed so as to not be able to
> serve the thought-police be a better excuse then simply running a software
> implementation that does not allow it?
> 
> The fact is that, whatever we do, data will still need to be addressed in
> some way to be found. Whatever we do, an Authority for Illegal Information
> (happiness is a society that has such a thing), could still publish
> blacklists of such addresses which people should serve requests for. And,
> since if they have to manually tell each node operator which information
> is illegal they may be stuck in a no win wack-the-mole situation, they
> could very well say that node operators, to show a necessary goodwill
> effort, have to update their blacklists in realtime from the Authority for
> Illegal Information. At that point anybody who "gets" Freenet will be
> screaming that that sort of central control is a gross deviation from the
> network's design goals, but why should the thought-police care when those
> goals are exactly the opposite of theirs (the freedom of information
> versus the suppression of it).
> 
> Listen people: You cannot build a network to allow the free publication of
> information in a legal system where the free communication of information
> is considered a crime, and expect running that network to be legal.
> Period. No amount of maneuvering or loophole searching can better this
> situation - either Freenet stops being free, society starts being free, or
> Freenet will be outlawed by society. Why do we have to have this
> discussion again and again? 
> 
> 
> 
> <>
> -- 
> 'DeCSS would be fine. Where is it?'
> 'Here,' Montag touched his head.
> 'Ah,' Granger smiled and nodded.
> 
> Oskar Sandberg
> md98-osa at nada.kth.se
> 
> _______________________________________________
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