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Re: Vexatious Litigants (was: SurfWatch)
"Martin Diehl" <[email protected]> wrote:
>Henry Huang <[email protected]> at INTERNET-USA wrote:
>> The question I have is if these systems were widely implemented, could
>> an Web page author or provider of content be sued for "mislabeling"
>> their page? If so, under what circumstances? Could the RSAC attach
>> legal requirements to the use of their system, and open up such a
>> loophole (similar to how Sun attaches conditions to the use of its
>> "Java" logo)?
>
> Seems to me that if the Web page author labels his page
> conservatively, i. e. "materials may be unsuitable for non-adults; may
> contain controversial material, may contain views different from your
> own, etc.". How can the author be liable for mislabeling?
I read Henry's question to refer to the case in which the Web page
author rates a page "too low"; that is, in such a way that despite the
use of RSAC/SurfWatch/etc. software, "undesirable" material gets
through the filter.
Suppose that an author provides a page which lists, say, clothing-
optional beaches, complete with pictures. The author rates it as
"suitable for family viewing" -- either naively, believing that no one
will be offended; or deliberately, to make the point that the content is
harmless and _should_ be considered suitable for family viewing; or
simply in order to widen the potential audience.
Henry's question (as I interpret it) is this: If prudish parents now
catch their kid looking at a page with pictures of barenaked people,
figure out why the page wasn't filtered out, and file suit against the
author, what is likely to happen?
ObCrypto, sort of: What if the page were retrieved through an HTTP
proxy which, unbeknownst to the author (and the filtering service/SW),
deliberately removes or alters the PICS-Label or other rating
information? The author did, after all, _provide_ the "undesirable"
material.... To what extent does the author's intent matter? Must Web
authors now add a digital signature to each page (including its rating
info), to prevent tampering?
--
Martin Janzen [email protected]
ObRant: Or, before it comes to that, will people learn to take just
the tiniest shred of [Exon]ing responsibility for themselves and their
[Exon]ing kids?