On 10/28/2011 9:34 AM, Liam Kelly wrote:
> I agree in principle, and I'm certainly well aware of how many times the
> 'should I edit my archives?' discussion has come up on LSTOWN-L and
> LSTSRV-L in the decade-and-a-half that I've been at L-Soft.

While the potential of legal issues would be very small in this case,
the potential is very large in others. By not removing a post of this
type, you don't establish a pattern of behavior that could increase the
legal exposure in other cases. The consequences of not removing such a
post are very small considering that most would have already seen it.
However, once you establish a pattern of editing the message base, you
have accepted the responsibility of doing so and that's the risk....not
that this guy might sue you.

As I said, Section 230 of the CDA has not been fully tested. While
generally the immunity has been upheld, this is not universal. The one
case of which I am aware that went to the Supremes was an appeal on the
basis of retroactive application of Section 230 (Zeran v. AOL) and the
Court turned down the writ without comment. Thus, they made no decision
on the issue of the immunity created by the CDA.

All of this really applies to those of us running a couple of lists just
as a service to a select group and for a bit of fun. Generally speaking
our pockets are very shallow and we do not relish being the focus of a
test case. Remember,you may very well win at the District Court level
but it will cost time and money and then your adversary may very well
appeal the decision to the Circuit Ct. of Appeals. Even pro se
(representing yourself) will cost you time.

On a further issue, Compuserve didn't edit their lists. As a result most
folks tended to be a bit careful and civilized so Compuserve didn't need
to edit. Prodigy did edit and they found that they had to edit. So, from
that limited observation, if you don't edit and your members know this,
your list probably won't need editing. That's been my experience on
LSoft as well.

Just my thoughts.

Eric

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