[94670] in North American Network Operators' Group

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Re: what the heck do i do now?

daemon@ATHENA.MIT.EDU (Mark Foster)
Wed Jan 31 23:27:42 2007

Date: Thu, 1 Feb 2007 17:25:03 +1300 (NZDT)
From: Mark Foster <blakjak@blakjak.net>
To: froomkin@law.tm
Cc: Chris Owen <owenc@hubris.net>, nanog@merit.edu
In-Reply-To: <Pine.LNX.4.64.0701312304340.9614@osaka.law.miami.edu>
Errors-To: owner-nanog@merit.edu


> It is impossible to know with any confidence without knowing more details, 
> but from the face of it, it is far from obvious to me that Mark Foster's 
> lawyer got this wrong.
>
> (Meanwhile, this will make a great exam question some day.)

I agree, except it wasn't my Laywer.
You mean Matthew Kaufman.

Note the number of quotede layers. I made the mistake of removing the 
quote-intro-line when I posted, apologies.

>
>
> On Wed, 31 Jan 2007, Chris Owen wrote:
>
>> 
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>> 
>> On Jan 31, 2007, at 9:16 PM, Mark Foster wrote:
>> 
>>>> list... I talked to my lawyer. And while I am not a lawyer, I can tell 
>>>> you that my lawyer pointed out several interesting legal theories under 
>>>> which I could have some serious liability, and so I don't do that any 
>>>> more. (As an example, consider what happens *to you* if a hospital stops 
>>>> getting emailed results back from their outside laboratory service 
>>>> because their "email firewall" is checking your server, and someone dies 
>>>> as a result of the delay)
>>>> 
>>>> So while I think you'd be justified in doing it, I think you'd find that 
>>>> 1) lots of people wouldn't change their configs at all, and 2) you might 
>>>> find that your liability insurance doesn't cover deliberate acts.
>>>> 
>>> 
>>> Uhm.  I don't follow?
>> 
>> I my experience, people who tell stories like this really just need to get 
>> a better lawyer.  I've had several lawyers contact us on things about this 
>> lame and have found that that the one sentence reply letter is often the 
>> most effective:
>> 
>> Dear Sir:
>> 
>> Kiss my what?
>> 
>> Never hear from them again.
>> 
>> Chris


*snip*



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