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Re: [ga] ISP Fined $5000 For Hate Content - are ICANN registries next?

  • To: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>, General Assembly of the DNSO <ga@xxxxxxxxxxxxxx>
  • Subject: Re: [ga] ISP Fined $5000 For Hate Content - are ICANN registries next?
  • From: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Date: Sun, 12 Mar 2006 18:42:10 -0800 (PST)
  • Cc: icann board address <icann-board@xxxxxxxxx>, Esther Dyson <edyson@xxxxxxxxxxxxx>
  • Domainkey-signature: a=rsa-sha1; q=dns; c=nofws; s=s1024; d=yahoo.com; h=Message-ID:Received:Date:From:Subject:To:Cc:In-Reply-To:MIME-Version:Content-Type:Content-Transfer-Encoding; b=ohBEUVPry5bB4L98l6xC89Z4+Bf26RdBe0zG2JtlNEWu8HjB/V9cZQQEAy6aNhSWn0zJr8Qbt7RjJmIG/UQv5lYfyPeNQXsBMexRUaM2/A64sJsZqP2xp52FiVVCki8dB0Y3MkQPGUFcR3NQrhM4NEpeRMK3Csv3n7VP30BQPhY= ;
  • In-reply-to: <4413E937.501F870F@ix.netcom.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx
This ruling simply follows North American republisher common law. Nothing new here.
  If a person relates slanderous material to someone who knows or should have known it is wrong and then that someone republishes it, they are liable. You can change slanderous to libel to hate stuff to threatening stuff or false light or treasonous or inciteful. You even have your per se stuff like venereal disease, theft, damage in a trade or profession. By the way $5000 ain't squat.
   
  .

Jeff Williams <jwkckid1@xxxxxxxxxxxxx> wrote:
  All former DNSO GA members or other interested stakeholders/users,

In a precedent-setting ruling, the Canadian Human Rights
Tribunal has [0]fined a hosting company for carrying 'objectionable
content'. The material in question was White Supremacist postings. From
the article: 'The ruling sends a very strong message that Internet
servers, if they are aware there is hate content and don't take timely
action to remove it, can be held liable,' said the Ottawa lawyer who
filed the complaint in February 2002. The individual posters were fined
thousands as well.

See: http://lfpress.ca/newsstand/News/Local/2006/03/11/1482485-sun.html

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
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IDNS. div. of Information Network Eng. INEG. INC.
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E-Mail jwkckid1@xxxxxxxxxxxxx
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