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The Net Security Problem
- Is it just about viruses, or does it raise a more fundamental problem?
- Defamation = false statement + conveyed to 3rd party + harm to reputation of Ï
- Injunctions (worrisome, given 1st Amendment implications)
On to intermediaries
- Hourglass architecture
- types of intermediaries:
- liability here = Pottery Barn rule. You take responsibility for what's offered to you by a third party. You (e.g., a newspaper) are on the hook for publishing a letter to the editor as if you had drafted it yourself. There's some wiggle room if you properly frame the defamatory material. But generally this creates a pretty strict editing regime.
- liability here = much harder to apply. Unless you're in a situation where the distributor is clearly on notice that they're selling defamatory material, you're pretty safe.
- What to ask of intermediaries? (See Officer Mason example, from Small Town Justice.)
- (1) Stand in the shoes of bad people.
- (2) Help identify the bad people.