Re: [opennic-discuss] Vote to keep or drop peering with NameCoin

Amunak <[email protected]> Fri, 28 Jun 2019 22:34:43 +0200
Newsgroups gmane.network.opennic.general
Message-ID <[email protected]>
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On 28.06.2019 4:05, Daniel Quintiliani wrote:
> To me it's part of a greater problem - censorship from companies, especially in the tech industry, who are more concerned with morality than delivering a packet to its destination and a profit to their shareholders, in this case the morality of malware, ransom, and spam rather than the morality of political causes, politicians, and conspiracy theories.

The thing is that most enthusiasts like us generally don't think about 
people abusing software and networks. We want great, interesting 
features for everybody, because we have fun providing them and such. And 
then some asshat comes around, makes malware that uses your services or 
they use them to spread CP and whatnot... And we don't know how to deal 
with it. Especially when on one hand we ant a "libre" and "uncensored" 
network, but at the same time we live in a society where some things 
just are unacceptable (and sometimes for good reason), and we have a 
hard time dealing with it.

Thankfully most of us /don't actually encounter and need to fix/ those 
issues.

> Don't know if anyone missed this question, I asked during the vote, and nobody answered me, the concerns with child pornography and malware that were brought up, aren't we protected by safe harbor laws like CDA 230 and the DMCA, and the equivalent of those in the EU and elsewhere?

Technically we are /probably/ protected under the DMCA. But that is only 
a /defense when someone actually sues you/, and it definitely doesn't 
protect you against private/proprietary /de facto standards/ like 
Spamhaus' blacklist and such. Sure, you may be protected and /when 
someone sues you/ you may be able to argue that you aren't actually 
spreading child porn or malware, but at that point you're already 
fucked: you are being sued for spreading CP/malware/whatever, and your 
domains/addresses/services are already blacklisted by all major providers.

And it's also important to realize that laws differ wildly across the 
world. DMCA is a US thing, and other countries may have similar 
provisions, but there are certainly other countries where you would be 
held liable (maybe China or something). And do you want to be 
sued/blacklisted/seeked by Chinese government? Or some African 
government for hosting LGBT sites or something?

Again, realistically nothing will happen to you, me or OpenNic. But 
we're tiny and uninteresting. And it's perhaps better to self-censor at 
least those most egregious cases so that you can easily defend the other 
ones.


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    <div class="moz-cite-prefix">On 28.06.2019 4:05, Daniel Quintiliani
      wrote:
    </div>
    <blockquote type="cite"
      cite="mid:[email protected]">
      <pre class="moz-quote-pre" wrap="">To me it's part of a greater problem - censorship from companies, especially in the tech industry, who are more concerned with morality than delivering a packet to its destination and a profit to their shareholders, in this case the morality of malware, ransom, and spam rather than the morality of political causes, politicians, and conspiracy theories.</pre>
    </blockquote>
    <p>The thing is that most enthusiasts like us generally don't think
      about people abusing software and networks. We want great,
      interesting features for everybody, because we have fun providing
      them and such. And then some asshat comes around, makes malware
      that uses your services or they use them to spread CP and
      whatnot... And we don't know how to deal with it. Especially when
      on one hand we ant a "libre" and "uncensored" network, but at the
      same time we live in a society where some things just are
      unacceptable (and sometimes for good reason), and we have a hard
      time dealing with it.</p>
    <p>Thankfully most of us <i>don't actually encounter and need to
        fix</i> those issues.</p>
    <blockquote type="cite"
      cite="mid:[email protected]">
      <pre class="moz-quote-pre" wrap="">Don't know if anyone missed this question, I asked during the vote, and nobody answered me, the concerns with child pornography and malware that were brought up, aren't we protected by safe harbor laws like CDA 230 and the DMCA, and the equivalent of those in the EU and elsewhere?</pre>
    </blockquote>
    <p>Technically we are <i>probably</i> protected under the DMCA. But
      that is only a <i>defense when someone actually sues you</i>, and
      it definitely doesn't protect you against private/proprietary <i>de
        facto standards</i> like Spamhaus' blacklist and such. Sure, you
      may be protected and <i>when someone sues you</i> you may be able
      to argue that you aren't actually spreading child porn or malware,
      but at that point you're already fucked: you are being sued for
      spreading CP/malware/whatever, and your domains/addresses/services
      are already blacklisted by all major providers.</p>
    <p>And it's also important to realize that laws differ wildly across
      the world. DMCA is a US thing, and other countries may have
      similar provisions, but there are certainly other countries where
      you would be held liable (maybe China or something). And do you
      want to be sued/blacklisted/seeked by Chinese government? Or some
      African government for hosting LGBT sites or something?</p>
    <p>Again, realistically nothing will happen to you, me or OpenNic.
      But we're tiny and uninteresting. And it's perhaps better to
      self-censor at least those most egregious cases so that you can
      easily defend the other ones.<br>
    </p>
    <blockquote type="cite"
      cite="mid:[email protected]">
    </blockquote>
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