TIP: Click on subject to list as thread! ANSI
echo: tech
to: Charles Angelich
from: mark lewis
date: 2003-03-01 00:21:04
subject: content

CA> It seems that under our present interpretation anyone
 CA> connected with the transfer of content that exercises
 CA> control over that content can be held liable for that
 CA> content. Even scanning for virus with the option to
 CA> delete, reject, or modify the content automatically
 CA> makes that company liable for the entire content.

that is exactly correct... if you're scanning your message bases for
illegal activities and you miss something, then you are liable because you
were looking... if you just happen across something and don't report it,
you are liable as an accessory because you didn't report it and you knew it
was happening... if your system scans uploads for virus' and a new one gets
by your software, you may be held liable if it is downloaded and damages
someone's system... i say may because much of that defense would be based
on the scanner(s) used and the update routines and proof of all this...

)\/(ark

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