Re: [asa] Ruing roos

It is not likely that either of the statutes cited in the warning would
apply. The first statute involves "knowingly" passing obscene material to a
minor, which usually involves more direct knowledge that simply posting
something on a general purpose website that minors may access. The second
statute involves tampering with data on non-public computers -- e.g.,
hacking through a firewall and stealing a competitor's customer list or
something like that. It almost certainly would not apply to posts on a
publicly accessible internet forum, whether the forum be an email list, a
bulletin board, a blog or a wiki. And even if either statute could by some
stretch apply to wiki posts, that sort of application would probably be
found unconstitutional under the first amendment's free speech clause.
(Think of the implications -- Terry could have people sent to jail for
posting off-topic comments to this list!) And if that isn't enough, even if
those statutes could somehow apply and the application somehow could survive
first amendment scrutiny, the likelihood that the U.S. Attorney's office
would bring an enforcement action is about as great, say, as the likelihood
that a kangaroo might float across the ocean on a vegetable mat. Now, if
they really want to create some legal provision with teeth, they need to do
it through the law of contracts -- meaning that all users would be required
to assent to a contractual terms of use. Even then, however, it's hard to
see what sort of damages could be recovered.

On 3/15/07, Iain Strachan <igd.strachan@gmail.com> wrote:
>
> Just noticed that Conservapedia now places the following dire warning on
> its front page:
>
>
> I was wondering if any legal experts (David?) would know if this is
> enforcable?
>
>
>
> (Not that I was thinking of posting obscene material, you understand!)
>
> Minors under 16 from my kids' school regularly vandalise Wikipedia.
>
> BTW I'll go with the aboriginal singing theory of origins of kangaroos.
> Sounds much more sensible than that evilution rubbish!
>
> Iain
>
>
>
>
> On 3/15/07, Charles Carrigan <CCarriga@olivet.edu> wrote:
> >
> > "Also according to creation science theories *wild unsupported
> > speculations*, after the Flood,
> >
> > kangaroos bred from the Ark passengers migrated to Australia. There is
> > debate whether
> > this migration happened over land[2] -- as Australia was still for a
> > time *never*
> > connected to Europe by a land bridge similar to the one that connected
> > Asia
> > to America[3] -- or if they rafted on mats of vegetation torn up by the
> > receding flood waters *, or if they just hopped fast enough to walk on
> > water like Jesus*.[2]
> >
> > Another theory *ad hoc conjecture* is that God simply generated
> > kangaroos into existence there."
> >
> > ___________________________________________________________
> >
> >
> >
> > /There, fixed that for them.
> >
> > /You are supposed to edit these things, aren't you?
> >
> >
> >
> > /Best,
> >
> > /Charles
> >
> >
> >
> > /apologies for being brash
> >
> > //sort of
> >
> >
> >
> > _______________________________
> > Charles W. Carrigan, Ph.D.
> > Assistant Professor of Geology
> > Olivet Nazarene Univ., Dept. of Physical Sciences
> > One University Ave.
> > Bourbonnais, IL 60914
> > PH: (815) 939-5346
> > FX: (815) 939-5071
> > ccarriga@olivet.edu
> > http://geology.olivet.edu/
> >
> > "To a naturalist nothing is indifferent;
> > the humble moss that creeps upon the stone
> > is equally interesting as the lofty pine which so beautifully adorns the
> > valley or the mountain:
> > but to a naturalist who is reading in the face of the rocks the annals
> > of a former world,
> > the mossy covering which obstructs his view,
> > and renders indistinguishable the different species of stone,
> > is no less than a serious subject of regret."
> > - James Hutton
> > _______________________________
> >
>
>
>
> --
> -----------
> After the game, the King and the pawn go back in the same box.
>
> - Italian Proverb
> -----------

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Received on Thu Mar 15 16:27:19 2007