[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: Privacy (fwd)
On Wed, 12 Nov 1997, Bill Bean wrote:
> My question is: Since Wayne State University has assumed a role similar
> to that of a publishing company (content regulator) do they also assume
> the same legal liability as a publishing company?
>
I'm no legal scholar, but I'm writing on that topic for another course,
and so far, decisions in the lower courts seem to indicate that would be
the case.
In Stratton Oakmont, Inc. v. Prodigy, a case decided in the New York
Supremem Court for Nassau County, the brokerage firm of Stratton Oakmont
Inc sued Prodigy for defamation based on postings made to on-line fora
within Prodigy. The plaintiff said Prodigy was liable for these
statements since they had repeatedly held themselves up as a "family
service" that would exercise editorial control over the content of its
boards through content guidelines and software screening. Prodigy
contended that they had quit filtering their messages due to volume prior
to the posting of the allegedly defamatory statements.
The court held that
Prodigy held itself out to the public and its members as
controlling the content of its computer bulletin boards. . . . Prodigy
Implemented this control through its automatic software screening
program, and the Guidelines which Board Leaders are required to
enforce. By actively using technology and manpower to delete notes from
its computer bulletin boards on the basis of offensiveness and "bad
taste", for example, Prodigy is clearly making decisions as to content
[ ], and such decisions consitute editorial control.
The court proceeds to conclude Prodigy is a publisher rather than
a distributor, and thus is liable for the statements posted.
Although this is just a decision at teh state court level, it is really
the only precedent (to my knowledge) that deals with a provider exercising
editorial control.
Stephanie Beck
> > ---------- Forwarded message ----------
> > Date: Wed, 12 Nov 1997 08:25:57 -0500 (EST)
> > From: Margaret Blanchard <mablanch@email.unc.edu>
> > To: jmcgrad <jmcgrad@listserv.oit.unc.edu>
> > Subject: Privacy (fwd)
> >
> > From: John R Bittner <jrbittne@email.unc.edu>
> >
> > CRTNET NEWS
> > Communication Research and Theory Network
> >
> > Reprinted from "Academe Today," the online service of the Chronicle
> > of Higher Education:
> >
> > Wayne State U. Draws Fire for New Policy Limiting Computer Use and
> > Privacy Rights
> >
> > By JULIANNE BASINGER
> >
> > Wayne State University's president has banned the use of the
> > university's e-mail system and its Internet access for non-university
> > purposes, prompting outrage among faculty members, who met last week
> > and vowed to fight the new policy.
> >
> > The policy, issued late last month by David Adamany, informs students
> > and faculty and staff members that the university reserves the right
> > to monitor their use of its computer systems to insure that the
> > equipment is employed in university-related work only.
> > "Other uses are prohibited," the policy states, adding that Wayne
> > State "is entitled to access and monitor its information-technology
> > resources without prior notice."
> >
> > "Therefore, the university advises users that they have no privacy
> > interest or expectation of privacy in information stored on or
> > transmitted over the university's information-technology resources,
> > and that access and monitoring is a reasonable means of advancing
> > university purposes," the policy says. Violaters of the policy are
> > subject to disciplinary action.
>
> <snip>
> --
> Bill Bean { http://www.unc.edu/~sothis/ }
> Keep your sources confidential.
> http://www.pgp.com/
>
References: