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Grex > Coop11 > #100: Motion: Grex to be a plaintiff against "Internet Censorship Act" | |
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| Author |
Message |
| 25 new of 95 responses total. |
rcurl
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response 25 of 95:
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May 29 06:03 UTC 1999 |
The solution to the problem is for the board to act now to enter the suit,
and then someone enter a motion for members to vote upon to *reverse* the
board action.
I am not suggesting any "fast one's". If the board adopts a motion, and
then later the membership defeats the same motion, that cannot reverse the
board action. It could just mean that the membership is happy that the
board has spoken on the issue, and they don't want to have the same motion
adopted twice. A negative vote does *not* always mean disapproval, but can
simply be used to clear the docket or to say "we don't need to vote
again".
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steve
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response 26 of 95:
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May 29 14:04 UTC 1999 |
If the motion doesn't have to come to a resolution before the board acts
on this, then polling members doens't have to occur now. Email is better,
I agree, but I suggest a telephone poll because the one time I needed to
contact 80 people quickly, the phone won out over email.
John (#15), I really really do not see why you are against Grex joining
in on this legal action. Do you support the law? Do you think that no
matter what, Grex should never become involved in this?
I don't see this as being stampeded at all. I see it, very clearly, as
an attempt to regulate speech on the net, and, if succesful, the first of
many such laws controlling the net. Normally I would agree with you, that
Grex should not take a stand on political things. Not gun control, drug
laws, abortion, etc. This is fundementally different to me, in that Grex
runs on the concept of free speech and unfettered access to it. This law
casts a pall over the entire idea of Grex. It would instill a fear that
anything that might be "harmful" to children--or maybe even possibly
"harmful"--should be stricken from the system. That is a dangerous,
un-American system of thought.
Any law which would damage the free-spirited nature of Grex is evil,
and must be fought.
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scg
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response 27 of 95:
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May 29 17:55 UTC 1999 |
In general I don't think Grex should be taking political positions, whether
I agree with that position or not. In this case, however, a law has been
passed that may outlaw our orginization. In order to continue to exist,
assuming there would not be other lawsuits that would establish the precident
for us, we need to sue to allow Grex to keep existing. This nice organization
called the ACLU has volunteered to represent us and others affected by the
law for free. Joining in this lawsuit is taking them up on that offer.
There's nothing terribly new about that for us. Grex has hired a lawyer (who
also represented us for free) in the past to help us in a dispute with our
then landlord, so while that never went to trial, it's not the first time we
have threatened legal action.
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rcurl
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response 28 of 95:
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May 29 23:57 UTC 1999 |
Surely you have a better reason for wanting Grex to continue to exist
than just because it exists now. How about putting forward some reasoned
arguments for its continued existence? Such as, performing a public service,
and upholding the First Amendment?
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jshafer
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response 29 of 95:
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May 30 01:47 UTC 1999 |
I am not a member (but will be again soon) but I definitely would/will
vote yes. (JEP, while I understand and to some extent agree with your
position on the ACLU, I don't see how grex can _not_ take part in this
suit.)
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dang
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response 30 of 95:
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May 30 16:27 UTC 1999 |
Rane: If this motion fails, I will personally take it as a membership
disapproval of this particular board action, and personally enter a
motion that the board remove Grex from the case. (That is, of course,
assuming that the board votes to go ahead with it.)
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gutchess
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response 31 of 95:
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May 30 18:28 UTC 1999 |
I read the bylaws and do not see sufficient explanation of the
responsibilities of the 'Board Members', actually, "Board of Trustees" as
spelled out in the Articles of Incorporation to determine if the Board has
sufficient authority to commit the organization to paying for a lawsuit
without the members voting. Article 6 paragraph 2 clearly says, "No part <of
Grex> shall be the carrying on of propagating legisltation...", so I do not
see how you would risk alienating your membership by Not having a general
membership vote at the next meeting. The more you email all members about
the issue and how you want their vote and the implications of their vote, such
as thousands of dollars in attorneys fees, the more you are protecting
yourselves, as Board members, from accusations of 'stampeding'. Have the
general membership vote as prescribed in the Bylaws.
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rcurl
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response 32 of 95:
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May 30 18:57 UTC 1999 |
It takes too long, because the procedure is laid out in the bylaws to
allow more time for consideration than the time available.
Re #30: why go around the barn? I suggest that Jan just reverse his motion
and have it state that the motion adopted by the board is countermanded
and Grex will not continue with the suit. Then you don't have to take a
negative vote "personally" or another way to mean something that is not
said. You also don't have to have two member votes.
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cyklone
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response 33 of 95:
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May 31 14:47 UTC 1999 |
Re #31: Re-read some of the previous items, preferably while conscious.
Grex is contributing its name, some time and the manpower of certain
individuals. The probability that Grex will be liable for "thousands of
dollars in attorneys fees" is virtually zero, and for you to suggest
otherwise is intellectually dishonest. If this needs to be cleared up,
then perhaps the Grex board should consider adding specific language to
any resolutions clearly stating that no money will be allocated for
attorney fees.
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dpc
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response 34 of 95:
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May 31 16:57 UTC 1999 |
Here are the relevant sections from Article 3 of our bylaws:
d. The BOD shall hold face-to-face meetings on a regular,
bimonthly basis, and in addition may hold special meetings if
necessary. A quorum consists of five BOD members.
e. The time, place, and agenda of each BOD meeting shall be
publicized one week in advance of the meeting, or as soon
thereafter as feasible. Meetings shall normally be open to
all users of Grex, except that portions of meetings dealing
with sensitive system security or personnel issues may be
held in closed executive session.
The BOD is authorized to hold special meetings. "The time, place
and agenda of each BOD meeting shall be publicized one week in advance
of the meeting, *or as soon thereafter as feasible*." (My emphasis.)
What this apparently means is that the BOD can hold a special meeting
with *less* than one week's notice if there is a good reason.
I think the BOD should hold a special meeting some time this
week, giving the members whatever notice is "feasible", considering
that the ACLU wants our answer some time this week.
FWIW, M-Net's Board is in the midst of voting on an emergency
on-line motion to join the ACLU's suit. I expect the required
unanimous "yes" votes of all seven directors within a day or so.
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dpc
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response 35 of 95:
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May 31 18:33 UTC 1999 |
Oh - as far as I can tell from reading the Grex bylaws (Item 2 in this
conference), there is *no* authority for any kind of phone poll of
members at large or the Board. There are only two ways for Grex
to act: By a Board vote, or by a member motion (which has a mandatory
delay of two weeks before voting can begin).
An organization can only act in accord with its bylaws.
Ergo, since the ACLU wants a decision by the end of this coming week,
the *only* was that Grex can act both legally and timely is for the
President to call a special meeting of the Board.
Just one person's opinion...
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dang
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response 36 of 95:
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May 31 18:49 UTC 1999 |
re: 32 Yes, that is the most convenient way. However, I'd like to see
this motion voted on in the positive, rather than the negative. I'd
like to see a mandate from the membership, in order to go ahead.
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scg
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response 37 of 95:
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May 31 19:52 UTC 1999 |
re 35:
There's nothing in the bylaws saying that the membership couldn't be
polled by phone, as long as that poll wasn't a way of setting policy. If
somebody wanted to do such a poll, turn the results over to the board, and
then have a board vote to enact the outcome of the phone poll, I'm assuming
that would be permissable.
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rcurl
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response 38 of 95:
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May 31 20:31 UTC 1999 |
Re #36: I generally disfavor using the legal power of formal votes under
the bylaws in order to essentially conduct a "straw vote". Nothing would
change if such a motion 'in favor' were voted up or down, and hence it
is just an exercise. I think people are doing what you want - a straw
vote - in this item, by their more than majority expressions of supporting
the suit.
In regard to #37: ..ahem.. isn't this a *computer conferencing system*,
and not a "telephone conferencing system"? What's this with - good grief -
telephone polls, when we are here virtual-face-to-face, responding to
an implicit poll?
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janc
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response 39 of 95:
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May 31 20:35 UTC 1999 |
A special board meeting has been called for, but not yet scheduled.
Apparantly John is out of town this week. We still need to figure out which
board members are available when this week.
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steve
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response 40 of 95:
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May 31 23:03 UTC 1999 |
I'll make myself available whatever day. This is extremely important.
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janc
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response 41 of 95:
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Jun 1 01:17 UTC 1999 |
I'm available any evening this week.
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dang
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response 42 of 95:
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Jun 1 15:35 UTC 1999 |
Me too.
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mta
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response 43 of 95:
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Jun 1 20:20 UTC 1999 |
I've cleared the deck for every evening through Friday to be available for
this critical meeting.
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aruba
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response 44 of 95:
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Jun 1 21:01 UTC 1999 |
Looks like the meeting will be either Thursday the 3rd or Monday the 7th.
I am waiting to here back from Michael Steinberg.
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gutchess
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response 45 of 95:
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Jun 2 05:01 UTC 1999 |
Avoid this lawsuit Grex, you have nothing to fear. I used to like the ACLU
about 20 years ago, but they changed quite a bit since then. Now, the ACLU
considers hard-core pornography to be "free speech".
Saying parents should oversee their children's web surfing, not the government
is a cowardly cop-out from people who mistake "freedom" for "licentiousness".
Yeah, if Grex allows, passively allows, sexually explicit material to be
transmitted to or solicited from minors, Grex should be busted and fined.
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rcurl
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response 46 of 95:
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Jun 2 05:17 UTC 1999 |
Why? What's wrong with sexually explicit material being transmitted to or
from minors? In all of this discussion, no one has explained the
rationale. What harm does it do? Please be specific. Many minors certainly
engage in sexually explicit speech on their own. Frequent indulgence in
such speech strikes me as rather mindless and stupid, but so is most of
television.
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cyklone
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response 47 of 95:
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Jun 2 12:05 UTC 1999 |
Good point. Many years ago, when I was in high school, the parents of a
friend of mine got him a subscription to Playboy. Without re-reading the
entire text of the proposed act, it occurs to me that there are no
provisions for parents who may wish to permit their minor child access to
pornography (although I guess they could claim "educational purpose"). So
jep and gutchess, what about those all-important parental rights?
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scott
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response 48 of 95:
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Jun 2 14:01 UTC 1999 |
I think the text of the bill did let the parent or guardian legally provide
such material for educational purposes.
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aruba
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response 49 of 95:
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Jun 2 14:06 UTC 1999 |
The board meeting to discuss joining the suit will be Monday the 7th at
7:30 PM. Location TBA.
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