Listowner Folks,
 
This is cross-posted, with the writer's permission, from the Ednet list.
Rory would appreciate receiving any comments you wish to post, please.
 
 Pax,  Dave                                        Information wants
Dave Kinnaman  <[log in to unmask]>  512/463-9321     to be Free!
 
---------- Forwarded message ----------
Date: Sun, 14 May 1995 17:39:49 -0300 (ADT)
From: Rory Mc Greal Com College <[log in to unmask]>
To: Local forum on educational possibilities of the Net
     <[log in to unmask]>
Subject: BBS owners' liability
 
The Copyright Sub-Committee of the Canadian Information Highway Advisory
Council is recommending THAT owners of BBSs be held LIABLE for all
postings on their boards.  I understand that the definition of BBS would
include listservs, computer conferences, MOOs etc.
 
They are further recommending that BBSs NOT be considered common carriers
(If the BBS was classified as a common carrier, this would exempt BBS
owners from liability when they let anyone on their system. cf. with a
telephone company -- it is not liable for what users do.)
 
In effect, this would make the Catholic Church liable for Martin Luther's
posting of his 95 theses on the church door.  Another example:  If you
run a listserv and professor X claims that Prof. Y posted a notice that
broke copyright, instead of chasing after Prof. Y, Prof. X would chase
after the owner of the Listserv.  If the owner did not stop Prof X, then
the owner would be legally liable.
 
I believe that this LIABILITY provision is based on recommendations now
being made in the USA.  I am on the Learning & Training working group for
the Canadian Information Highway Advisory Committee and I am opposed to
this provision.  I feel that if I run a BBS or listserv or whatever else
that is open, then if you have a problem with what someone posts, you should
chase after them and not me.  If I post it then get met, if Bill Doe
posts it get him.  This recommendation could stop a lot of internet activity.
Perhaps that is the intention.
 
I welcome comments.
Rory
 
Rory McGreal, Executive Director/Directeur general
TeleEducation NB
Box 6000  470 York Street, Fredericton, New Brunswick E3B 5H1
CANADA          Tel. (506) 444-4230   Fax: (506) 444-4232
Email: [log in to unmask]          OR [log in to unmask]