[90410] in Cypherpunks
Re: Report on UN conference on Internet and racism
daemon@ATHENA.MIT.EDU (Peter Herngaard)
Tue Nov 18 22:48:38 1997
Date: Wed, 19 Nov 1997 04:14:26 +0100 (MET)
From: Peter Herngaard <pethern@inet.uni2.dk>
To: Declan McCullagh <declan@well.com>
cc: "Colin A. Reed" <aleph@cco.caltech.edu>, fight-censorship@vorlon.mit.edu,
cypherpunks@toad.com
In-Reply-To: <v03007802b09803dce3d1@[168.161.105.216]>
Reply-To: Peter Herngaard <pethern@inet.uni2.dk>
On Tue, 18 Nov 1997, Declan McCullagh wrote:
> Sorry. I was unclear. I was comparing U.S. citizens with citizens of
> another country who are living in that country.
>
> If a U.S. citizen living in the U.S. is running an ISP, I would argue from
> principle that he has a right to distribute writings (I like Jeanne's
> bookstore analogy) penned by citizens of another country.
But would the goverment under existing law have a right to force
the publisher to disclose the real identity of the one who wrote the
inflamatory message to a foreign goverment?
Does the application of bilateral treaties the United States has with
other countries require dual criminality i.e. child pornography, piracy,
fraud etc?
Most speech that would be considered hate speech in Europe would not
meet the prerequirement of dual criminality.
