[Mimedefang] OS wars... [was Viruses: Bounce or Discard?]

[Stephen Smoogen]

On Thu, 2003-10-02 at 13:36, Keith Dowell wrote:
> Ok the post I made before WAS in fact sarcasm, but this discussion has got
> me thinking... especially when I heard someone's analogy to an automobile.
> 
> So let's go with that. Now who's responsible for viruses traveling along the
> internet highways.
> 
> Now I would equate Microsoft to the automobile manufacturer.
> 
> The consumer (driving the vehicle) would be the end user.
> 
> Now that makes the ISP the DOT (Department of transportation)
> 
> Now pollution (smoke coming out of the car "clogging", or cars that
> excessively leak oil, etc etc) would be our virus.
> 

The analogy could be extended... the government regulates who has access
to the roads by giving licenses to those who pass a test, and also gives
out license plates to people who have registered their car. Some areas
will also regularly inspect the cars and those that do not pass
inspection it is the owners responsibility to repair.

The analogy breaks down in that government(s) owns a vast amount of the
roads, and thus have the right to regulate who travels them. The case
law of where private roads are in place is varied in areas. IANAL, and
am remembering articles in various papers from 10-20 years ago.. so
please bear with me.

In New Jersey/Pennsylvania (US) unless the roads owner cedes 'rulership'
to the state, then the state was found not able to regulate what
happened on those roads. However, it was found that the owner of the
road could be held liable for any accidents, criminal activity,
pollution then that occured on the owners roads as they would the
regulatory body. So from that point of view.. since govt do not own the
internet (per se), the ISP's would be again the liable parties. 




-- 
Stephen John Smoogen		smoogen at lanl.gov
Los Alamos National Lab  CCN-5 Sched 5/40  PH: 4-0645
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