Re: You Aren't [I'm Not]

[Mike Godwin <mnemonic@eff.org>]

Eric Hughes writes:

> Last night I spoke with Mike Godwin of the EFF about the issue of
> anonymous libel.  Mike is not on the list, and I've copied him on this
> message.  Mike knows more about electronic speech issues than pretty
> much anyone else.  Here is my remembrance about what he said:
><text deleted> 
> 2. An anonymous remailer is not liable.  In order to be liable for the
> libellous speech, the operator of the remailer would have to have
> prior knowledge that the speech was libellous.  Since the operation of
> the remailer is fully automated, prior knowledge is impossible.

I'd modify that second point slightly--specifically, I'd say that an
anonymous remailer *probably* is not liable. There's never been a case
of this sort, but current American libel law suggests that the remailer
would not be liable.


--Mike