Subject: RE: [Asrg] Blacklist blackmail

From: Troy Rollo <[email-masked]>
Date: Sat, 29 Mar 2003 11:27:50 +1100

At 16:09 28/03/03 -0800, Hallam-Baker, Phillip wrote:
>In the UK the favorite dictum the courts like to repeat is
>that 'ignorance of the law is no excuse'. I think you are
>incorrect here as to the claim of right applicability,
>that would be if you thought you owned the good in question.

The "claim of right" defence to larceny and related crimes is an exception 
to the "ignorantia juris quod quisque scire tenetur non excusat" maxim.

>It is unlikely this defense would be available if a letter
>was sent stating that 1) the listing is disagreed with on
>[specified] grounds and 2) any demands for payment for
>de-listing will be considered to be extortion demands.

The person sending the letter can consider it whatever they like - it 
doesn't change how a court will view it. The only relevant mental state is 
that of the defendant.

As I previously indicated, the behaviour impugned is not clearly criminal. 
That is not the same as saying it's clearly legal, or even as saying that 
it's clearly not criminal. To reach such a conclusion would require 
spending more time than I currently have at my disposal.
--
Troy Rollo				Chairman, CAUBE.AU
[email-masked]			Executive Director, iCAUCE

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---

From: Kee Hinckley <[email-masked]>
Date: Fri, 28 Mar 2003 23:39:14 -0500

Umm.  I know I started this thread.  But I don't really think it's 
productive for it to continue.

I was simply trying to point out that BLs are not always part of the 
solution, they can be part of the problem, especially wrt false 
positives.
-- 
Kee Hinckley
http://www.puremessaging.com/        Junk-Free Email Filtering
http://commons.somewhere.com/buzz/   Writings on Technology and Society

I'm not sure which upsets me more: that people are so unwilling to accept
responsibility for their own actions, or that they are so eager to regulate
everyone else's.
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