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Computer underground Digest Sun Feb 5, 1995 Volume 7 : Issue 09
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Retiring Shadow Archivist: Stanton McCandlish
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Copy Icecreamer: B. Robbins
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CONTENTS, #7.09 (Sun, Feb 5, 1995)
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File 1--Libel & Defamation in the Information Age (fwd)
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File 2--CFP'95 Program/Registration Information
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File 3--New Draft of Telcom Bill Out
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File 4--NIST Mugshot ID database - thousands cataloged on CD
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File 5--Update on "Ethics & Privacy on the Internet" Survey
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File 6--Cu Digest Header Information (unchanged since 25 Nov 1994)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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----------------------------------------------------------------------
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Date: Thu, 12 Jan 1995 22:23:45 -0600 (CST)
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From: Avi Bass <te0azb1@corn.cso.niu.edu>
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Subject: File 1--Libel & Defamation in the Information Age (fwd)
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Reply to: Discussion List for Journalism Education <JOURNET@QUCDN.BITNET>
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Date--Tue, 10 Jan 1995 09:55:09 EST
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From--"Eric J. Eden" <R3EJE@AKRONVM.BITNET>
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I thought this article might be interesting for some members on this list
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Eric Eden
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r3eje@vm1.cc.uakron.edu
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EricEden@aol.com
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--------------------------------------------------------------
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Libel & Defamation in the Information Age
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By Eric Eden
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On the Internet, where abnormal behavior is the status quo, tempers
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can flare in the heat of debate and word wars can last for days or
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even weeks. It's not uncommon for users to ridicule, harass or insult
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those who disagree with them.
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But if you damage someone's reputation by trying to embarrass them in
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a public forum, you could be sued for libel or defamation. After all,
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there's no reason to assume that the messages you send through
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cyberspace are immune from lawsuits.
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"The Internet culture right now is for users to refute speech with
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speech," says Dave Marburger, the attorney who represented Brock Meeks
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in one of the first defamation lawsuits in the United States involving
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the Internet. "But as the Internet culture gets more diverse, users
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will start refuting speech with lawsuits."
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There have only been a handful of libel and defamation lawsuits filed
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involving the Internet so far, but as the Net grows, the number of
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lawsuits will probably increase. If the few court battles that have
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been decided involving libel and defamation on the Net are any
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indication of how the law will be applied to the Internet in the
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future, it's worth your time to learn what's libelous or defamatory on
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the Internet and what's not.
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Other users have the right to sue you for defamation if they can prove
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you damaged their reputation or good name with false information. You
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can be sued for libel if another user can prove you have distributed
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defamatory statements about them in a public area -- such as a news
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group or mailing list.
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In April of 1993 Gil Hardwick, an anthropologist in Australia, was
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ordered by the Australian Supreme Court to pay David Rindos $40,000 in
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damages because he defamed Rindos on an international mailing list.
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After Rindos lost his job at the University of West Australia,
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Hardwick posted a message on an international disscussion group that
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suggested Rindos was fired because he was a bully and had sexually
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molested a local boy.
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Rindos filed a defamation lawsuit against Hardwick because he felt the
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message had hurt his chances of finding a new job. In a letter to
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Rindos's attorney, Hardwick wrote "Let this matter be expedited and
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done with....I can do nothing to prevent it, lacking any resources
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whatsoever to defend myself." Like most people, Hardwick didn't have
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the money to hire a lawyer or finance an expensive legal battle.
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"He (Rindos) suffered a great deal of personal hurt because of the
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message," said Supreme Court Justice David Ipp in the West Australian.
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"The damages award must compensate him and vindicate his reputation to
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the public."
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The Internet is an informal forum and people often write personal things
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about other users, but you can be held accountable in court for making
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libelous or defamatory remarks in public forums just like Hardwick was.
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"We know that as the Internet grows, there will be more and more
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lawsuits involving libel and defamation," says attorney David H.
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Donaldson, editor of Legal Bytes, an electronic magazine that
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discusses legal issues involving computers and networking. "The only
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question is if the number of cases will grow steadily or if there will be
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an explosion of lawsuits all at once."
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Anybody can sue you for libel or defamation if they think you damaged
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their reputation, but if you can prove what you say is true, chances are
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that you won't end up in court.
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"Make it clear when you are stating your opinion," says Donaldson,
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"Always state the facts that your opinions are based on just to be safe.
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You probably won't lose a libel or defamation lawsuit if you can back up
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what you write with solid facts."
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For example, Brock Meeks, a full-time journalist who also distributes his
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own electronic magazine, avoided losing a defamation lawsuit largely
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because he could prove an article that he sent over the Net was true.
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Meeks was sued by Suarez Corporation Industries in April of 1994 for
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writing an investigative story about the company and its services in his
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electronic newsletter -- the CyberWire Dispatch. Meeks had no libel
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insurance, no publishing company backing him up and a lot of legal
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fees to cover. (His lawyer charged him $200 an hour.) The only thing
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Meeks had was his house -- and he didn't want to sell it to pay off a
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lawsuit.
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Meeks defended his article in numerous posts on the Net, "All of my
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facts were rock solid. Although the article was delivered with a fair
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amount of attitude, I don't believe that I'm in dangerous waters," he
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wrote.
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Benjamin Suarez, owner of Suarez Corp., filed the suit because he felt
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that Meeks had damaged his reputation and hurt his business by
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saying he was "infamous for his questionable direct marketing scams,"
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and saying "he (Suarez) has a mean streak." To back up his opinion,
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Meeks cited accusations made by the Washington state attorney
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general's office concerning Suarez's direct marketing practices.
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In August of 1994 Suarez Corp. made Meeks an offer he couldn't
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refuse. They agreed to settle the case for $64 -- to cover
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administrative court costs. The company refused to comment on why
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they agreed to settle the lawsuit.
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If the case had gone to trial, Meeks's lawyer thinks Meeks would have
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been able to win anyway. "The defendants in libel or defamation suits
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involving the Internet have enhanced First Amendment rights," says
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Marburger. "The plaintiff has to prove actual malice. In other words,
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the plaintiff has to show that the defendant made false statements or
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was negligent." Marburger's only regret is that they didn't get to set
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that precedent in court.
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Although the Meeks case doesn't really mean anything in the law
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books, it does show that if you're responsible and can prove what you
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write on the Net is true, people will be less likely to take you to court. If
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you just make something up and your sources aren't reliable, you could
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lose big like Hardwick did.
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"You have to follow the same rules that journalists do if your going to
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write and distribute controversial material about other people," says
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Donaldson.
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The increasingly common phenomenon of online forums creates the
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possibility for you to reach large audiences, but it also creates the
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ability for you to commit defamation or libel -- something that an
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ordinary citizen didn't have to worry about in the past. Before the
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growth of online communication, people who didn't work in the media
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usually didn't have to worry about libel or defamation. "Libel laws apply
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to the Internet the same way they do to newspapers and TV stations,"
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explains former Federal Communications Commissioner Nicholas
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Johnson, a professor at the Iowa University school of law. "The same
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technology that gives you the power to share your opinion with
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thousands of people also qualifies you to be a defendant in a lawsuit."
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Like a newspaper or TV station, you are responsible for making sure
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the material you distribute -- or broadcast -- over the Internet is not
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libelous or defamatory. Lani Teshia-Miller never meant to defame
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anyone, but when she took over the distribution of a tattoo FAQ she
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almost ended up in court. The rec.arts.bodyart FAQ she inherited
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contained a lot of generalizations based on contributions from
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unattributed sources. Although she listed her name on the FAQ, she
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didn't edit out several defamatory statements. One review of a San
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Francisco tattoo artist in the FAQ said, "He's getting old and having
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problems with his eyesight. His quality is really bad and he hurts
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people."
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After the artist hired a lawyer and threatened to sue, Teshia- Miller
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changed the FAQ's wording to reflect a more factually-based and
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less-hysterical view. The review now says, "His eyesight is not what it
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used to be."
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After the FAQ was changed and Teshia-Miller apologized, the artist
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dropped the lawsuit. "It turned out to be a good experience for me,"
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said Teshia- Miller. "I'm a lot more careful about what I allow on the
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artist list, and I now have a very long disclaimer at the beginning of the
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FAQ."
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Every person you write something negative about won't sue you for
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defamation or libel, they might flame you or just try to set the record
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straight by replying to the message. But if you post false information
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about another user and disgrace them in public, they have the right to
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take you to court -- and they could win a big settlement if they can
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prove you were negligent.
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Medphone, a Fortune 500 company that manufactures medical
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instruments, has filed a $200 million lawsuit against Prodigy user Peter
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DeNigis. Medphone filed a "systematic program for defamation and
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trade disparagement" lawsuit against DeNigis after a stockholder
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reported that he was making several negative posts about Medphone a
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day on Prodigy's Money Talk Forum. DeNigis, a former Medphone
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stockholder, lost more than $9,000 last year by selling off his
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investment in the company. In one post DeNigis wrote, "My research
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indicated the company is really having a difficult time. No case, no
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sales, no profits and terrible management. This company appears to be
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a fraud. Probably will cease operations soon."
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Although the accusation that Medphone is a "fraud" is very serious --
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and potentially defamatory -- DeNigis might be able to win the lawsuit if
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he can prove what he wrote is true in court.
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"The Medphone case is a clear indication that libel and defamation is
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something for Internet users to think about," says Johnson.
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There are court cases in progress right now that will decide if access
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providers such as Prodigy, America Online and Compuserve are
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responsible for defamatory remarks broadcast over their services, but
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there is no legal ambiguity about whether individual users can be sued
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for making defamatory or libelous statements. Individual users are
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responsible for making sure the information they distribute is not
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libelous or defamatory.
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The Internet has made world wide, instantaneous communication easy.
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The average user now has the power to be heard by hundreds or even
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thousands of other users, but in terms of libel and defamation, the Net
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is not a new world of freedom. The reality is that libel and defamation
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laws are enforceable in the virtual world just like they are in the real
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world.
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# # #
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You may distribute this article freely for non-profit purposes. Otherwise
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contact the author (Eric Eden -- R3eje@vm1.cc.uakron.edu) for reprint
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permission.
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------------------------------
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Date: Tue, 10 Jan 1995 10:47:24 -0600
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From: Henry Itkin <Henry.Itkin@UNI.EDU>
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Subject--Re: Libel & Defamation in the Information Age
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Several clarifications are needed and will, I think, ease people's minds a bit.
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Eric Eden r3eje@vm1.cc.uakron.edu wrote, in part:
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> Libel & Defamation in the Information Age
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> By Eric Eden
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>
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> Other users have the right to sue you for defamation if they can prove
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> you damaged their reputation or good name with false information.
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Absolutely right. It is the _plaintiff_ who must prove that a wrong has been
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done. See further mention below.
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> You can be sued for libel if another user can prove you have distributed
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> defamatory statements about them in a public area -- such as a news
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> group or mailing list.
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Partially right. The post need _not_ be in a "public" area, however. You can
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libel someone through private e-mail. If even _one person_ (beyond the
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defendant and the plaintiff) is exposed to the defamatory statement, a libel
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may have occurred.
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> Anybody can sue you for libel or defamation if they think you damaged
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> their reputation, but if you can prove what you say is true, chances are
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> that you won't end up in court.
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...
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> For example, Brock Meeks, a full-time journalist who also distributes his
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> own electronic magazine, avoided losing a defamation lawsuit largely
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> because he could prove an article that he sent over the Net was true.
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As noted above, this is technically incorrect. The defendant does _not_ have
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to prove that the statement was true. Instead the plaintiff must prove it was
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_false_. There's a big difference. For one thing, if a lawsuit is truly
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groundless, then the defendant isn't required to say anything in court.
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Lacking proof of falsity, the lawsuit is dismissed.
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> "The defendants in libel or defamation suits
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> involving the Internet have enhanced First Amendment rights," says
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> Marburger. "The plaintiff has to prove actual malice. In other words,
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> the plaintiff has to show that the defendant made false statements or
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> was negligent."
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This really muddies an already-difficult concept. For now, let's just say
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that how much "fault" the plaintiff has to show on the part of the defendant
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depends on how "public" a figure the plaintiff is
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determined (by the court) to be. If plaintiff is ruled a "public" person, then
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in most states, the defendant will have a somewhat easier time of it.
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Best to all.
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Hank Itkin (itkin@uni.edu)
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University of Northern Iowa
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------------------------------
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Date: Wed, 11 Jan 1995 10:41:11 EST
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From: Eric Eden <R3EJE@AKRONVM.BITNET>
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Subject--Re: Libel & Defamation in the Information Age
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On Tue, 10 Jan 1995 10:47:24 -0600 Henry Itkin said:
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>> Libel & Defamation in the Information Age
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>> By Eric Eden
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>>
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>> Other users have the right to sue you for defamation if they can prove
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>> you damaged their reputation or good name with false information.
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>
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>Absolutely right. It is the _plaintiff_ who must prove that a wrong has been
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>done. See further mention below.
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>
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>> You can be sued for libel if another user can prove you have distributed
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>> defamatory statements about them in a public area -- such as a news
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>> group or mailing list.
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>
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>Partially right. The post need _not_ be in a "public" area, however. You can
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>libel someone through private e-mail. If even _one person_ (beyond the
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>defendant and the plaintiff) is exposed to the defamatory statement, a libel
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>may have occurred.
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Yes. Libel could occur through private e-mail but the fact that it is
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Private makes it a weaker case. Most of the cases to date revolve around
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messages that have been posted in public forums on Compuserve and Prodigy or
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on mailing lists.
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>> Anybody can sue you for libel or defamation if they think you damaged
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>> their reputation, but if you can prove what you say is true, chances are
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>> that you won't end up in court.
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>
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>...
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>
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>> For example, Brock Meeks, a full-time journalist who also distributes his
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>> own electronic magazine, avoided losing a defamation lawsuit largely
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>> because he could prove an article that he sent over the Net was true.
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>
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>As noted above, this is technically incorrect. The defendant does _not_ have
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>to prove that the statement was true. Instead the plaintiff must prove it was
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>_false_. There's a big difference. For one thing, if a lawsuit is truly
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>groundless, then the defendant isn't required to say anything in court.
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>Lacking proof of falsity, the lawsuit is dismissed.
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The legal experts I interviewed for this story felt that even though the burden
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of proof is on the plaintiff's shoulder, defendants are less likely to lose
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in court if they can prove what they said is true. Especially if the plaintiff
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does have some evidence. If a plaintiff knows the defendant can prove what he
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or she wrote was true they will probably settle or drop the case.
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My personal opinion is that you should be able to prove -- beyond a reasonable
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doubt -- that what you write is true. If you can't prove it, you should do
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some more research or ommit the statement. Not only for ethical reasons but
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also because when your giving information to a large audience you should be
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sure what you are writing is true. However, technically you are correct.
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>> "The defendants in libel or defamation suits
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>> involving the Internet have enhanced First Amendment rights," says
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>> Marburger. "The plaintiff has to prove actual malice. In other words,
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>> the plaintiff has to show that the defendant made false statements or
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>> was negligent."
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>
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>This really muddies an already-difficult concept. For now, let's just say
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>that how much "fault" the plaintiff has to show on the part of the defendant
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>depends on how "public" a figure the plaintiff is
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>in most states, the defendant will have a somewhat easier time of it.
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The public figure issue is very complex and that's why I decided not
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to tackle it in this story. However, I do believe that Marburger's
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statement is correct.
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Thanks for your honest critique,
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Eric Eden
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r3eje@vm1.cc.uakron.edu
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EricEden@AOL.COM
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------------------------------
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From: Carey Heckman <ceh@LELAND.STANFORD.EDU>
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Subject: File 2--CFP'95 Program/Registration Information
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Date: Sun, 5 Feb 1995 09:11:31 -0800 (PST)
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The Fifth Conference on Computers, Freedom and Privacy
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Sponsored by: * ACM SIGCOMM, SIGCAS, SIGSAC, and
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* Stanford Law School
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28 - 31 March 1995
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San Francisco Airport Marriott Hotel
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Burlingame, California
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CONNECT WITH OTHERS WHO ARE DETERMINING HOW COMPUTERS AND TELECOMMUNICATIONS
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WILL AFFECT YOUR FREEDOM AND PRIVACY...
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JOIN US AT CFP'95.
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We have reached the crossroads of the Information Age.
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No longer is the electronic frontier inhabited solely by a small band of
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technical pioneers sharing a common code of conduct. Computer and
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telecommunications technologies have become part of mainstream living,
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conversation, and politics. These changes compel us to reexamine the
|
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definition of our rights and the processes by which those rights are being
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defined.
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The Fifth Conference on Computers, Freedom and Privacy will assemble experts,
|
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advocates and interested people from a broad spectrum of disciplines and
|
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backgrounds in a balanced public forum to explore and better understand the
|
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definition of our rights at this crossroads.
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Participants will include people from the fields of computer science, law,
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business, research, information, library science, health, public policy,
|
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government, law enforcement, public advocacy, and many others.
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Featured speakers include:
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John P. Morgridge, Chairman, Cisco Systems
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Esther Dyson, Release 1.0/EDVenture Holdings, Inc.
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Roger W. Wilkins, Professor of History and American Culture at George
|
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Mason University and commentator, National Public Radio
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Margaret Jane Radin, Professor of Law, Stanford University
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Willis H. Ware, RAND
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Some of the topics in the CFP'95 program include:
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FREEDOM AND RESPONSIBILITY OF ELECTRONIC SPEECH -- Exploring recent
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controversies in online free speech, including a Socratic forum
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that will ask whether the Constitution can indeed be viewed through a
|
|
technologically transparent lens.
|
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|
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HIS MASTER'S VOICE... -- Probing the future for "net propaganda" from
|
|
governments, government officials, and politicians, and who will pay
|
|
so whose message will get to whom.
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STUDENT DATABASES: FOR EDUCATION AND FOR LIFE? -- Looking at how gaining the
|
|
benefits of nationwide information about K-12 students could also spell
|
|
serious privacy problems.
|
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|
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CAN THE NET SURVIVE COPYRIGHT? CAN COPYRIGHT SURVIVE THE NET? -- Delving
|
|
into the controversies surrounding copyright protection that throttles
|
|
freedoms and copyright protection that protects just rewards for creativity.
|
|
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INTELLIGENT TRANSPORTATION SYSTEMS: PAVING OVER PRIVACY -- Examining the
|
|
privacy implications of tracking and surveillance technologies now being
|
|
planned for vehicles and roadways nationwide.
|
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|
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"IT OUGHTA BE A CRIME..." -- Debating with law enforcement representatives
|
|
about who should set the rules for governing the net and when should bad
|
|
manners become a crime.
|
|
|
|
WHEN DO THEY NEED TO KNOW 'WHODUNNIT'? -- Discussing the right time and
|
|
places for identified, anonymous, and pseudonymous transactions.
|
|
|
|
TRANSACTION RECORDS IN INTERACTIVE SERVICES: WHO WATCHES THE SERVERS? --
|
|
Looking at the issues raised by the collection of personal information
|
|
as part of the new interactive home entertainment, telecommunications,
|
|
and online services.
|
|
|
|
DEFINING ACCESS PARADIGMS: LIBRARIES, RURAL AREAS, AND INTERNATIONAL
|
|
ASPECTS -- Evaluating the differing models of "open access" to Internet and
|
|
computer-mediated communications in the library, rural, and lesser-developed
|
|
country contexts.
|
|
|
|
THE CASE AGAINST COMPUTERS: A SYSTEMIC CRITIQUE -- Daring to discuss whether
|
|
computers may be doing our world more harm than good.
|
|
|
|
A NET FOR ALL: WHERE ARE THE MINORITIES? -- Examining how and to what degree
|
|
minority groups participate on the net and asking whether social class is
|
|
relevant to net participation or non-participation.
|
|
|
|
WHO OWNS THE LAW? -- Reviewing the debate over legal citation form and online
|
|
databases, and what it means to all of us.
|
|
|
|
CAN WE TALK LONG-DISTANCE? REMOVING IMPEDIMENTS TO SECURE INTERNATIONAL
|
|
COMMUNICATIONS -- Covering export and import controls, outright prohibitions,
|
|
and other technical and policy obstacles to secure international
|
|
communications.
|
|
|
|
The Fifth Conference on Computers, Freedom, and Privacy will also offer a
|
|
number of in-depth tutorials on subjects including:
|
|
|
|
* Inside Washington: The New Congress and Secrets of Advocacy
|
|
* National ID Card Initiatives
|
|
* The Law of Fundamental Rights for Non-Lawyers
|
|
* Everything You Need to Know to Argue About Cryptography
|
|
* Digital Activism
|
|
* Inside the World of Law Enforcement
|
|
* Intellectual Property for the Information Age
|
|
|
|
FOR MORE INFORMATION ABOUT CFP'95:
|
|
|
|
Web: http://www-techlaw.stanford.edu/CFP95.html
|
|
Gopher: gopher://www-techlaw.stanford.edu/CFP95
|
|
FTP: ftp://www-techlaw.stanford.edu/CFP95
|
|
Email: Info.CFP95@forsythe.stanford.edu
|
|
Fax: (415) 548-0840
|
|
Call: (415) 548-9673
|
|
|
|
|
|
REGISTRATION
|
|
|
|
|
|
Please register for the conference by returning the conference
|
|
registration form along with the appropriate payment by any
|
|
method listed below. The registration fee includes conference
|
|
materials, three luncheons (Wednesday, Thursday, and Friday), two
|
|
banquets (Wednesday and Thursday) and evening receptions
|
|
(Tuesday, Wednesday, and Thursday).
|
|
|
|
Registration Fees are:
|
|
|
|
If mailed by: February 24 March 14 after 14 March
|
|
|
|
Conference Fees $335 $395 $445
|
|
Tutorial Fees: $155 $185 $220
|
|
|
|
Registration is limited to 550 participants, so register early
|
|
and save!
|
|
|
|
By Mail: By Fax:
|
|
(with Check or Credit Card) (with Credit Card only)
|
|
CFP'95 Registration Send Registration Form
|
|
P.O. Box 6657 (415) 548-0840
|
|
San Mateo, CA 94403 Available 24 hours
|
|
|
|
By Phone: By Email (at your own risk*):
|
|
(with Credit Card only) (with Credit Card only)
|
|
(415) 548-0840 Register.CFP95@forsythe.stanford.edu
|
|
9 am to 5 pm Pacific Time
|
|
|
|
* Information for sending a PGP-encrypted registration available at
|
|
http://www-techlaw.stanford.edu/CFP95.html and
|
|
ftp://www-techlaw.stanford.edu/CFP95.
|
|
|
|
CFP'95 Scholarships:
|
|
The Fifth Conference on Computers, Freedom and Privacy will provide a limited
|
|
number of full registration scholarships for students and other interested
|
|
individuals. These scholarships will cover the full costs of registration,
|
|
including three luncheons, two banquets, and all conference materials.
|
|
Scholarship recipients will be responsible for their own lodging and travel
|
|
expenses. Persons wishing to apply for one of these fully-paid registrations
|
|
should contact CFP'95 Student Paper and Scholarship Chair, Gary Marx at:
|
|
Gary.Marx@colorado.edu or call (303) 492-1697.
|
|
|
|
Hotel Accommodations:
|
|
The Fifth Conference on Computers, Freedom and Privacy will be held at the San
|
|
Francisco Airport Marriott Hotel in Burlingame, CA. This facility is spacious
|
|
and comfortable, and is easily accessible from the airport and surrounding
|
|
cities. Because of the intensive nature of the conference, we encourage our
|
|
attendees to secure their lodging at the conference facility. Special
|
|
conference rates of $99/night, single or multiple occupancy, are available.
|
|
|
|
*************************************************************************
|
|
* Our room block is limited and these conference rates are guaranteed *
|
|
* only until February 17,1995, so we urge you to make your reservations *
|
|
* as early as possible. *
|
|
*************************************************************************
|
|
|
|
After February 17 but before March 15, the special conference rate will be
|
|
$110/night, single or multiple occupancy. When calling for reservations,
|
|
please be sure to identify the conference to obtain the conference rate.
|
|
Hotel Reservations: (415) 692-9100 or (800) 228-9290 or fax (415) 692-8016.
|
|
|
|
Official Airlines:
|
|
Special convention airfare discounts have been arranged on American and United
|
|
Airlines. Bungey Travel, (800) 286-4391 or (415) 325-5686 or fax (415) 321-
|
|
5309, will be happy to assist you in any manner. Please identify yourself as
|
|
attending the Computers, Freedom, and Privacy Conference and you will
|
|
automatically receive a 5% discount off nonrefundable discounted US tickets or
|
|
10% off of all unrestricted US coach fares.
|
|
|
|
------------------------------
|
|
|
|
Date: Fri, 3 Feb 1995 18:21:28 CST
|
|
From: Vigdor Schreibman - FINS <fins@ACCESS.DIGEX.NET>
|
|
Subject: File 3--New Draft of Telcom Bill Out
|
|
|
|
=================================================================
|
|
FINS SPECIAL REPORT February 1, 1995
|
|
==================================================================
|
|
|
|
NEW DRAFT OF TELCOM BILL OUT
|
|
No "Steamroller" In Sight But the "Monster Model" is Alive
|
|
|
|
Washington, DC--The new draft of telecommunications legislation, the
|
|
"Telecommunications Competition and Deregulation Act of 1995," was
|
|
released at a press conference by this morning (Feb 1, 1995), by Sen.
|
|
Larry Pressler (R-SD), chairman of the Senate Committee on Commerce,
|
|
Science, and Transportation. It may come as a non-surprise to some...
|
|
the draft bill does not have a steamroller attached in any fashion,
|
|
contrary to the prediction from telco whiz kid Dave Farber, which went
|
|
surfing around the Net--without any confirmed source of information last
|
|
month. The Vice President and democratic members of Congress have been
|
|
informed of the draft and are expected to make additions and suggestions,
|
|
according to the chairman.
|
|
|
|
* There is a "universal service" provision, which the chairman
|
|
reluctantly conceded, "the people want."
|
|
|
|
* There are procompetitive provisions that byte hard on the RBOCs if they
|
|
try to freeze out competitors with their monopoly power. This includes:
|
|
|
|
* a fine of $1,000,000 for each and every "willful failure to
|
|
comply with the terms of an interconnection agreement;
|
|
|
|
* a fine of up to $500,000,000 against any Bell operating
|
|
company that "willfully, knowingly, and without reasonable cause
|
|
fails to implement the interconnection requirements ... more than
|
|
3 years after enactment of the [act];
|
|
|
|
* a fine of $250,000,000 for each offense arising in "any pattern of
|
|
willful noncompliance with those [interconnection] requirements as
|
|
demonstrated by the failure to meet those requirements in any
|
|
successive 3-month period beginning more than 3 years after
|
|
[enactment].
|
|
|
|
* There will be a gold mine in "cream skimming" filling the treasuries of
|
|
corporate centers of power, at the expense of local ratepayers, moving
|
|
tens of billions of dollars annually from the latter to the former and
|
|
further exacerbating the obscene wealth of the top 100,000 families that
|
|
already own most of the private wealth in the United States.
|
|
|
|
* There will be a "monster model" of telecommunications combining conduit
|
|
and content, with all the worst possible consequences for diversity of
|
|
information sources as the trillion dollar financial reach of the telco's
|
|
gobble up or beat into oblivion everyone in sight.
|
|
|
|
* There is no attention to the needs of society disregarded by the
|
|
marketplace and the predator telco industry.
|
|
|
|
* There is no attention to the needs of handicapped people, although the
|
|
chairman said this was more the result of timing, and provisions will be
|
|
added later.
|
|
|
|
What this proposal will do, according to chairman Presser is:
|
|
|
|
* Provide "freedom of choice" among competing firms [who are
|
|
[allowed to stay in business by the grace of the lords of
|
|
cyberspace]
|
|
|
|
* Provide "freedom of choice" among cable services, including
|
|
phone companies in competition with traditional cable firms
|
|
[if they choose to compete with each other. In fact, Bell
|
|
Atlantic has already announced its intention to lease the
|
|
cable company lines to avoid both the investment and the
|
|
competition ] [Wired, Feb 1995]
|
|
|
|
* Provide "freedom of choice" among electric utility firms to
|
|
provide telephone, cable or other telecommunications
|
|
services [an idea floating around somewhere somehow]
|
|
|
|
|
|
Speaker Newt Gingrich and the democrats have yet to add their full
|
|
measure of "telco feudalism," to this legislative package.
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 2 Feb 1995 21:25:58 -0500 (EST)
|
|
From: Stanton McCandlish <mech@EFF.ORG>
|
|
Subject: File 4--NIST Mugshot ID database - thousands cataloged on CD
|
|
|
|
[This is just an informational forward, and does not represent
|
|
official EFF positions or statements in any way. NOTE: I'm not the
|
|
original author of this so please look at the original headers
|
|
carefully if you mean to reply to him/her.]
|
|
|
|
Date--Wed, 1 Feb 95 13:39:32 EST
|
|
From--Craig Watson <craig@magi.ncsl.nist.gov>
|
|
Subject--Mugshot Identification Database
|
|
|
|
National Institute of Standards and Technology
|
|
announces the release of
|
|
NIST Special Database 18
|
|
Mugshot Identification Database (MID)
|
|
|
|
|
|
NIST Special Database 18 is being distributed for use in development and
|
|
testing of automated mugshot identification systems. The database consists
|
|
of three CD-ROMs, containing a total of 3248 images of variable size,
|
|
compressed with lossless compression. Each CD-ROM requires approximately
|
|
530 megabytes of storage compressed and 1.2 gigabytes uncompressed
|
|
(2.2 : 1 average compression ratio). There are images of 1573 individuals
|
|
(cases), 1495 male and 78 female. The database contains both front and
|
|
side (profile) views when available. Separating front views and profiles,
|
|
there are 131 cases with two or more front views and 1418 with only one
|
|
front view. Profiles have 89 cases with two or more profiles and 1268 with
|
|
only one profile. Cases with both fronts and profiles have 89 cases with
|
|
two or more of both fronts and profiles, 27 with two or more fronts and
|
|
one profile, and 1217 with only one front and one profile. Decompression
|
|
software, which was written in C on a SUN workstation [1], is included
|
|
with the database.
|
|
|
|
|
|
NIST Special Database 18 has the following features:
|
|
|
|
+ 3248 segmented 8-bit gray scale mugshot images (varying sizes)
|
|
of 1573 individuals
|
|
+ 1333 cases with both front and profile views (see statistics above)
|
|
+ 131 cases with two or more front views and 89 cases with two or
|
|
more profiles
|
|
+ images scanned at 19.7 pixels per mm
|
|
+ image format documentation and example software is included
|
|
|
|
|
|
Suitable for automated mugshot identification research, the database can be used
|
|
for:
|
|
|
|
+ algorithm development
|
|
+ system training and testing
|
|
|
|
|
|
The system requirements are a CD-ROM drive with software to read ISO-9660
|
|
format and the ability to compile the C source code written on a SUN
|
|
workstation [1].
|
|
|
|
Cost of the database: $750.00.
|
|
|
|
For ordering information contact:
|
|
|
|
Standard Reference Data
|
|
National Institute of Standards and Technology
|
|
Building 221, Room A323
|
|
Gaithersburg, MD 20899
|
|
Voice: (301) 975-2208
|
|
FAX: (301) 926-0416
|
|
email: srdata@enh.nist.gov
|
|
|
|
All other questions contact:
|
|
Craig Watson
|
|
craig@magi.ncsl.nist.gov
|
|
(301)975-4402
|
|
|
|
|
|
[1] The SUN workstation is identified in order to adequately specify or
|
|
describe the subject matter of this announcement. In no case does
|
|
such identification imply recommendation or endorsement by the
|
|
National Institute of Standards and Technology, nor does it imply
|
|
that the equipment is necessarily the best available for the purpose.
|
|
|
|
------------------------------
|
|
|
|
Date: Fri, 03 Feb 1995 10:12:26 -0700
|
|
From: Urs Gattiker <GATTIKER@CETUS.MNGT.ULETH.CA>
|
|
Subject: File 5--Update on "Ethics & Privacy on the Internet" Survey
|
|
|
|
Dear Netter
|
|
|
|
About 8 months ago a survey on ETHICS AND PRIVACY ON THE INTERNET was
|
|
mailed through this NetWork to you and many others. The data we have
|
|
gathered has been analyzed and one of the reports materialising from
|
|
it is mentioned below. If you are interested in a complete copy,
|
|
please feel free to drop me a line and again, thanks for your
|
|
cooperation and help.
|
|
|
|
The program on ETHICS AND PRIVACY ON THE INTERNET is continuing and a
|
|
new survey assessing additional issues as well as regulation,
|
|
cryptography and cyberspace is in the final stages of the development.
|
|
|
|
|
|
Cordially
|
|
|
|
Urs E. Gattiker
|
|
|
|
MORALITY AND TECHNOLOGY, OR
|
|
|
|
IS IT WRONG TO USE A SELF-MADE ENCRYPTION DEVICE, AND
|
|
|
|
CREATE OR LET LOOSE A COMPUTER VIRUS?
|
|
|
|
|
|
Urs E. Gattiker
|
|
Helen Kelley
|
|
Centre for Technology Studies,
|
|
The University of Lethbridge, CANADA
|
|
|
|
|
|
|
|
|
|
|
|
Abstract
|
|
|
|
|
|
Stories about computer-related actions (e.g., placing a document about
|
|
how a computer virus works on an electronic network/bulletin board)
|
|
were presented to users. Data indicate that women end-users compared
|
|
to men have a less libertarian sense of what is right and wrong; as
|
|
well, younger respondents are more libertarian than their older
|
|
compatriots. Data also indicate that participants are less likely to
|
|
endorse civil liberties and more concerned about the harm and
|
|
violations of social norms when the scenario describes a context-
|
|
specific situation. How users act, feel and respond toward computer-
|
|
mediated behaviours and actions raise questions for researchers and
|
|
policy makers. For example, how do researchers and policy makers
|
|
maintain and protect the privacy of individuals, and at the same time
|
|
ensure moral conduct by end-users who enjoy using the electronic
|
|
highway. Suggestions are made for developing theoretical models of
|
|
moral judgment in the cyberspace domain as well as policy (e.g., U.S.
|
|
Clipper chip debate).
|
|
|
|
|
|
Published reports of some of our findings can be found in:
|
|
|
|
Gattiker, U. E., & Kelley, H. (1994). Techno-crime and terror
|
|
against tomorrow's organisation: What about cyberpunks. E.
|
|
Raubold and K. Brunnstein (Eds)., Proceedings of the 13 World
|
|
Computer Congress -- IFIP Congress '94, Hamburg (pp. 233-240).
|
|
Amsterdam: Elsevier Science Publishers.
|
|
|
|
Gattiker, U. E., & Kelley, H. (1995). Morality and Technology, or is
|
|
it wrong to create and let loose a computer virus. In J. F.
|
|
Nunamaker, Jr. & R. H. Sprague (Eds.), Proceedings of the 28th
|
|
Annual Hawaii International Conference on System Sciences 1995,
|
|
Hamburg (pp. 563-572). Las Alamitos, CA: IEEE Computer Society
|
|
Press.
|
|
|
|
Additional papers are currently being written.
|
|
|
|
------------------------------
|
|
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 23 Oct 1994 22:51:01 CDT
|
|
From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
|
|
Subject: File 6--Cu Digest Header Information (unchanged since 25 Nov 1994)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
|
available at no cost electronically.
|
|
|
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
|
|
|
Or, to subscribe, send a one-line message: SUB CUDIGEST your name
|
|
Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU
|
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
|
60115, USA.
|
|
|
|
Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
|
the PC Telecom forum under "computing newsletters;"
|
|
On Delphi in the General Discussion database of the Internet SIG;
|
|
on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
|
|
and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
|
|
CuD is also available via Fidonet File Request from
|
|
1:11/70; unlisted nodes and points welcome.
|
|
|
|
EUROPE: In BELGIUM: Virtual Access BBS: +32-69-844-019 (ringdown)
|
|
In ITALY: Bits against the Empire BBS: +39-461-980493
|
|
In LUXEMBOURG: ComNet BBS: +352-466893
|
|
|
|
UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/
|
|
ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
|
|
aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
|
|
world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
|
|
uceng.uc.edu in /pub/wuarchive/doc/EFF/Publications/CuD/
|
|
wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
|
|
EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
|
|
ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
|
|
|
|
JAPAN: ftp.glocom.ac.jp /mirror/ftp.eff.org/Publications/CuD
|
|
ftp://www.rcac.tdi.co.jp/pub/mirror/CuD
|
|
|
|
The most recent issues of CuD can be obtained from the NIU
|
|
Sociology gopher at:
|
|
URL: gopher://corn.cso.niu.edu:70/00/acad_dept/col_of_las/dept_soci
|
|
|
|
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
|
information among computerists and to the presentation and debate of
|
|
diverse views. CuD material may be reprinted for non-profit as long
|
|
as the source is cited. Authors hold a presumptive copyright, and
|
|
they should be contacted for reprint permission. It is assumed that
|
|
non-personal mail to the moderators may be reprinted unless otherwise
|
|
specified. Readers are encouraged to submit reasoned articles
|
|
relating to computer culture and communication. Articles are
|
|
preferred to short responses. Please avoid quoting previous posts
|
|
unless absolutely necessary.
|
|
|
|
DISCLAIMER: The views represented herein do not necessarily represent
|
|
the views of the moderators. Digest contributors assume all
|
|
responsibility for ensuring that articles submitted do not
|
|
violate copyright protections.
|
|
|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #7.09
|
|
************************************
|
|
|