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[Amunak <amunak AT amunak.net>]

Exactly. OpenNic can't even really receive any kind of legal letter, because it legally *doesn't exist*. That may or may not be a good thing, but "at worst" we would be responsible all just as individuals under our respective legal systems and jurisdictions.  I feel like the part where we worry about getting letters from government(s) or courts is somewhat irrelevant here.

Amunak

On 05.11.2017 22:01, Jack Ternan wrote:

I am making a very important legal distinction.  For unincorporated associations, each member is liable for the acts of the other members or the group as a whole.  We are not such an organization.

 

Sent: Friday, November 03, 2017 at 1:56 PM
From: "Jonah Aragon" <jonah AT triplebit.net>
To: discuss AT lists.opennicproject.org
Subject: Re: [opennic-discuss] [RESULTS] Allow libre material on/libre use of .libre

You just defined an organization — https://en.wikipedia.org/wiki/Organization

 

You’re probably mistaking it with an incorporation or some kind of legal entity, which we clearly aren’t. But it’s safe to say we’re an organization, with a community of members and agreed upon policies. There’s clearly some management in place here.
 

Jonah

On Nov 3, 2017, at 2:48 PM, Jack Ternan <jackist AT email.com> wrote:
 

I want to chime in and point out that OpenNIC is not an organization.  It's just a collection of individuals.

 

Sent: Friday, November 03, 2017 at 2:29 PM
From: "Jonah Aragon" <jonah AT triplebit.net>
To: discuss AT lists.opennicproject.org
Subject: Re: [opennic-discuss] [RESULTS] Allow libre material on/libre use of .libre

You’re confusing can’t and won’t. We can enforce any policies we choose, we’re an independent organization and we’re fully capable of enforcing our bylaws. Whether we would or not is a different matter.

I think I’d side more towards Jeff on this topic however. Our members should have an expectation of safety on the network. Content blocking is one thing, but preventing malware and actual entities that are making malicious efforts to harm people’s computers is different. The right to free speech can only go so far, we aren’t being forced to enable C&C centers or other nefarious domains.

Jonah

> On Nov 3, 2017, at 14:20, Daniel Quintiliani <danq AT runbox.com> wrote:
>
> +1. What's next, mandatory logging of all servers for the NSA?
>
> Also, I will repeat my last message:
>
> We can't force domains we peer with internationally to not host malware or comply with our definition of "legal" - this is the hosting provider's job.
>
> --
>
> -Dan Q
>
>
>> On Fri, 3 Nov 2017 01:24:25 +0100, Amunak <amunak AT amunak.net> wrote:
>>
>> I don't think we should make too many limiting rules. For one, if (when)
>> OpenNIC grows it'll be impossible to realistically check domains for
>> legality or even malware and such. And when we do it only when requested
>> to take down the content, is it really fair? And who gets to decide if
>> the rules are truly broken? I don't think T2 (or even T1) server owners
>> should be pressured to do any blocking. If they want to do so, and
>> disclose it then sure. Especially if it's to follow the laws of their
>> respective countries or to protect OpenNIC infrastructure. But force
>> them to do so? Not really. (Just a sidenote: I thought one goals of
>> OpenNIC was openness, privacy and no censorship - if we don't uphold
>> these values are we better than ICANN and why do we really exist?)
>
>
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