Not a good idea...

[tcmay@got.net (Timothy C. May)]

At 10:35 PM 3/7/96, owner-cypherpunks@toad.com wrote:

>I wonder whether they've actually considered the liability situation
>in re: blocking sites that shouldn't be blocked?    I mean, sure, they
>seem nice enough about setting things right (like with the Nynex sites
>whose url's had "xxx" in the paths), but it seems to this non-lawyer
>that a case could be made for damages inflicted by being known as a
>purveyor of filthy indecency for even a short while.

We need to be very careful here. A service like "SurfWatch," voluntarily
used by others, has entered into no contracts with sites to meet defined
standards of what should and shouldn't be blocked. It is essentially a
"review" service, like a reviewer of books, movies, restaurants, etc. Sure,
some books, movies, and restaurants are "hurt" by negative reviews, but
this is life in a free society. It has not yet reached the point in these
Beknighted States that a bad review can be the basis of a tort (though I
could be wrong...nothing would surprise me these days).

Let me use myself as an example. "TimWatch" offers to inform people of
sites he thinks are not desirable for them to visit. I freely admit that my
criteria are imperfect, and people can choose to follow my advice or not
follow my advice. I may even sell a software package ("TimWatch") to let
users screen sites at their own machines.

Now, do we as Cypherpunks really think TimWatch or SurfWatch should be
liable for "damages" because someone got their feelings hurt? Absent a
contract, spelling out the performance expected, of course not.

If SurfWatch can be sued for a "bad review," then Siskel and Ebert had
better find a new line of work.

--Tim May

Boycott "Big Brother Inside" software!
We got computers, we're tapping phone lines, we know that that ain't allowed.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
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