[10370] in Commercialization & Privatization of the Internet
Re: Newsweek,Wall Street Journal Etc. Where are you ?
daemon@ATHENA.MIT.EDU (Alan Sugarman)
Sat Feb 19 16:33:19 1994
Date: Sat, 19 Feb 1994 16:25:24 -0500 (EST)
From: Alan Sugarman <sugarman@panix.com>
To: ped@panix.com
Cc: com-priv@psi.com
In-Reply-To: <199402191556.AA10028@panix.com>
No, I would not say that the burden of proof is on the person who ask for
proof. On the other hand, when one withholds evidence, the burden does
shift to that person. That is particularly true where the one holding the
evidence a government employee who takes the position that FOIA is
not a statute
that requires that information be released to the public, but is only a
statute that permits someone to sue the government when the government
does not release information under FOIA. And, then if you win the FOIA
case, the government argues that you are not entitled to legal fees
because you raised no novel issues of law.
So, I do not mean to defend any particular statement of the one making the
charges, but, I just thought the response was somewhat overwrought.
On Sat, 19 Feb 1994 ped@panix2.panix.com wrote:
> So, now the burden of proof is with the person who asks for proof, not with
> the person who makes the accusation?
>
> >Re charges without support:
> >
> >Your comments about Mr. Stroup are not fair, because you have placed upon
> >him the burden of extracting information much of which is held
> >confidential or not disclose or only provided after much effort.
> >
> >It would be more helpful to provide the facts if you know them. If you
> >know them and are restrained from making them public, then it really does
> >not help debate to just cast stones and is unfair to him. If you do not know
> >the facts, then why do you assume that he is wrong.
>
> -------------------------------------------------------
> Philip Elmer-DeWitt ped@well.com
> TIME Magazine philiped@aol.com
> Read TIME on America Online, where we get paid to take abuse.
>
>
