On 10/27/2011 6:32 PM, Russ Hunt wrote:
> Setting the address to review makes sense, but I wonder about
> expunging the message. Most everybody who subscribes will have
> seen it, and if I were tempted to do that -- to spare readers of
> the archive? -- I'd worry that I'm setting the precedent that
> the list archive is, well, editable.

In fact, Cubby v. Compuserve applies as it found just that. If the list
owner doesn't "edit" the list, they are immune from action. Just the
opposite was found in Stratton v. Prodigy in which Prodigy had a system
of editing messages, so they were subject to suit.

Section 230 of the Comm Decency Act grants immunity to publishers of
email lists, I don't believe that this section has been tested.

The conservative approach is to follow Cubby.

Eric

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