[Commons-Law] mail legalese - Sarai's options ?

[Shamnad Basheer]

didnt the earlier posting on marc's policy stipulate something about it removing stuff upon the instructions of the list admin-it is this possibility that would cause a court to order sarai which in turn could ask marc to take it off-the crux is that so long as it within your power (whether directly or indirectly), there remains the possibility of liability. i think we really have to come out with something innovative here-if not, the only way out (and a very bad one) is to take down upon notice-subject of course, to it being a credible take down notice-which ascertainment again would be quite a hassle for sarai.
 
shamnad 


Aniruddha Shankar <kream77 at yahoo.com> wrote:
wrote: 
> my only concern is
> this-as long as the list admin is identifiable (and
> in this case sarai is),

True

> the fact that it has control

Would that be the case if the archives are hosted by
MARC ? MARC won't remove a particular email from
it's archives unless a court with appropriate
jurisdiction (insert Private International Law
nightmare here) orders it to do so.

In the above case, Sarai would be the list admin and
would merely perform the purely administrative duties
of registering new members and removing unwanted
subscribers. 

I am unsure as to why Sarai should host the archives
at all. Sarai can transfer the resource intensive
burden of hosting them to MARC, which will do so for
free (and provide extensive search capabilities) -
under the understanding that the only entity that can
get individual emails expunged is a court with
jurisdiction. 

Incidentally, MARC also hosts the archives of
politech, a mailing list about technology and
politics, dealing with issues such as free speech and
intellectual property.

Karim

for more information

http://marc.theaimsgroup.com/?q=about#Privacy



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