What country does respect freedoms? The US is getting to the point where emgrating becomes a serious consideration for me. I'm still young, I don't have a stable job or faimly. I'd rather live somewhere that I can be sure my future kids and myself will be free than live a richer live in the US. Is it really that childish of me to hold onto my ideals that people should be free? ~Paul
----- Original Message ----- From: Matthew Findley <[EMAIL PROTECTED]> Date: Wed, 4 Aug 2004 22:42:44 -0500 Subject: [freenet-support] RE: anonymity(NOT) To: [EMAIL PROTECTED] Let me see if I can get caught up on whats gone on since I left work. First I should probably clear this up. I am not a lawyer. I work at the U.S. Attoreny's Office yes; but, only as a clerk. So nothing I say is legal advice, the postion of the DOJ, to be considered an offical interpretation of the laws, ect.... Someone asked if attempting to block KP would eliminate intent. This question would be up to the jury. While you would probably need 100% blocking to win in a civial trial. This would be much more likely to satisfy a criminal jury. Someone else pointed out that ISPs are not officaly common carriers. This is of course correct. But the hybrid nature of what they do gives them a sort of grey status. So while no responsable for what goes on across their networks in general. They are responsable if a problem is brought to their attention and they fail to act. That person also used the example of an employ abuseing a company computer. In that case the company isn't criminaly responsable beacuse they didn't know what the employ was useing the computer for. You can not be held responsable for something you fail to forsee and prevent. If the company had known what he was useing the computer for and failed to act then they can be held responsable. Your intent can only be establashed by your actions and knowledge. The company had no knowdedge of what you were doing. Quote 'IANAL (BIKAF), but I would expect that for ignorance to be willful it can't be a side-effect of a goal, it must be a goal in itself. There are plenty of reasons why someone might want to use Freenet other than obtaining illegal content.' That is very true. Other wise we could hold people responsable for virus on their computer. You can not arrest someone for what they didn't know and thus couldn't see. But you can for something they did know but chose to ignore. You know that your node is transmitting bad stuff and its doing so by your choice to activate it, ignoreing it simply beacuse you can't see it is not a defense. Let me put it this way. When you all fire up your nodes you know there is a very strong likelyhood that it will end up houseing and transmiting illegal material, correct? So you know your computer will be doing something illegal and yet choose to do it anyway simply because you can not see it. That is willful blindness and is not a defense that will stand up in court. _______________________________________________ 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]
