On Wed, Feb 28, 2001 at 02:38:19PM +0000, Theodore Hong wrote:
<> 
> I would argue the opposite.  I think that our best defense is to try as
> hard as possible to make a blocking mechanism impossible.  The presence of
> a blocking mechanism is what triggers the legal obligation to use it.
> Compare Cubby v. Compuserve with Stratton Oakmont v. Prodigy -- Compuserve
> gets off because they exercise no control over content.  However, Prodigy,
> by attempting to filter some content, was made liable for what it let
> through. 

Yes, but what is design and what is implementation? Freenet node operators
are running a system intentionally designed to make content control
impossible - in a society that legally expects its citizens to spy and
turn in one another (which is exactly what our society have become in this
respect), how will running a network designed so as to not be able to
serve the thought-police be a better excuse then simply running a software
implementation that does not allow it?

The fact is that, whatever we do, data will still need to be addressed in
some way to be found. Whatever we do, an Authority for Illegal Information
(happiness is a society that has such a thing), could still publish
blacklists of such addresses which people should serve requests for. And,
since if they have to manually tell each node operator which information
is illegal they may be stuck in a no win wack-the-mole situation, they
could very well say that node operators, to show a necessary goodwill
effort, have to update their blacklists in realtime from the Authority for
Illegal Information. At that point anybody who "gets" Freenet will be
screaming that that sort of central control is a gross deviation from the
network's design goals, but why should the thought-police care when those
goals are exactly the opposite of theirs (the freedom of information
versus the suppression of it).

Listen people: You cannot build a network to allow the free publication of
information in a legal system where the free communication of information
is considered a crime, and expect running that network to be legal.
Period. No amount of maneuvering or loophole searching can better this
situation - either Freenet stops being free, society starts being free, or
Freenet will be outlawed by society. Why do we have to have this
discussion again and again? 



<>
-- 
'DeCSS would be fine. Where is it?'
'Here,' Montag touched his head.
'Ah,' Granger smiled and nodded.

Oskar Sandberg
md98-osa at nada.kth.se

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