[MLB-WIRELESS] Hypothetical: takedown notices

[Ben Anderson]

Why don't we simply _require_ encrypted communications, hopefully making
content irrelevant.  The data contained in encrypted communications is
almost impossible to prove without the key, as each possible key decrypts
the cyphertext into whole new potential content!

It's possible, for example, for there to exist a key that will decrypt my
encrypted home video of my daughters first words into an exact copy of an
mpeg of Madonna's latest video clip.  What does the encrypted communicaiton
contain?  Madonna, or my daughter?  Without the key, nothing, basically.
Hopefully absolving any and all carriers of said encrypted data of any
responsibility for the content.

Practically speaking, it'll prevent the takedown notice in the firstplace
due to the difficulty of obtaining proof, or even reasonable suspicion.  No
takedown notice, no test-case, no lawyers, no hastles, no worries :)

(it may upset the warez kiddies though, not having big, open, unencrypted
file-storage available...)

Ben.
P.S.  I'm not a lawyer.


> >
> > IANAL (like everyone else here it seems) but isn't there a
> > likelyhood of actually *raising* your potential liability by
> > incompletely attempting to vet/filter the higher level content
> > floating around your mesh?
> >
>
> Depends if its possible or not. For example, properly configured software
> and users who know not what to do (wrt social engineering), can transfer
> files and content that you can't filter, unless you wish to use a broad
> brush and say "I won't carry encrypted communications, because you might
be
> transferring illegal files".
>
> e.g SSH, SSL, IPSec.
>
> Oh, lets not go into out of channel communications (ip id, tcp seq/ack
> numbering, etc) possiblity.
>
> I guess it boils down to, if you're worried about having liabilty by not
> being able to vet/filter communications, you shouldn't be a node.
>
> > cheers,
> > gja
> >
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>
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