Re: PGP in FIDO

["Perry E. Metzger" <pmetzger@lehman.com>]

Bob Izenberg says:
> Perry E. Metzger wrote:
> 
> # As for what "common carrier" means, it means that the law recognizes
> # that you are a carrier of things, not a creator of them, and that you
> # are not responsible for what you carry.
> 
> I've got that part, but what needs to be done / provided before the
> benefits of being a common carrier can be claimed?

I noted it in the rest of my message. You have to act like a utility
-- you do not discriminate between your customers, you do not read,
censor, or otherwise differentiate in the carriage of their mail. If
you behave like a utility, you become a common carrier. The law in
this regard is somewhat complicated, so I would consult an attorney if
I wanted to be sure about it.

I will point out, though, that even if you are not a common carrier
you have no liability for things you don't know about and don't
participate in. This is why, for instance, the maker of a knife can't
be arrested because the knife is used to kill someone instead of
cutting bread. The law is actually reasonable.

However, if you partially censor the mail going through your system,
not only are you liable for ECPA violations, but you become liable for
the content of the mail. Why? Because you are now taking
responsibility for stopping things from going through, and should you
fail to stop something from going through that is now a conscious
decision on your part for which you have liability.

Perry