[158429] in North American Network Operators' Group
RE: William was raided for running a Tor exit node. Please help if
daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Thu Nov 29 19:32:20 2012
Date: Thu, 29 Nov 2012 19:29:46 -0500 (EST)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: "Naslund, Steve" <SNaslund@medline.com>
In-Reply-To: <2A76E400AC84B845AAC35AA19F8E7A5D0D711A9C@MUNEXBE1.medline.com>
Cc: NANOG <nanog@nanog.org>
Reply-To: froomkin@law.tm
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
On Thu, 29 Nov 2012, Naslund, Steve wrote:
[...]
>
> When it comes to running an open access point, I think the legal issue
> would be negligence. Is it negligence for the 90 year old grandma to
> have an open AP (probably not, just didn't know better)? Is it
> negligence for me to have an open AP (probably, I am a network
> professional and know how to secure a network).
>
In order for there to be a civil claim of negligence there must be, inter
alia, a breach of duty.
What duty has been breached in your scenario? None.
[...]
>
> This is certainly an interesting discussion and I think there are not a
> lot of concrete answers since this is on the edge of technology law. I
Actually some of us have been teaching and writing about this stuff since
the mid 1990s. These issues are far from new; we went through them in the
early anonymous remailer days.
<relurk>
--
A. Michael Froomkin, http://www.law.tm Blog: http://www.discourse.net
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
Editor, Jotwell: The Journal of Things We Like (Lots), jotwell.com
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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