RE: [Asrg] draft-irtf-asrg-bcp-blacklists-00

["Dr. Jeffrey Race" <jrace at attglobal.net>]

On Thu, 6 May 2004 16:11:13 -0400, Barry Shein wrote:
> > These issues relate to public safety and are irrelevant to the issue of
> > evidence-based statements about the behavior of those responsible
> > for certain IP addresses.
>The point is the law recognizes the general concept of liability for
>inducing another to act.

The law recognizes the _specific_ case of public safety in the case you
cited ("no right to shout fire in a crowded theater").    Don't read any
more in to it.

Anyway  I repeat that this is irrelevant to the prospect of litigation against
a blacklist or any organization which legitimizes blacklists for purposes of
public convenience.     A blacklist does not _induce_ anyone to do anything (in a legal
sense which means to offer an incentive).   A blacklist just publishes
facts (presumptively).    If they are not facts, and someone is injured,
then that is actionable as it should be.   It has nothing to do with us.

Jeffrey Race



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