You are not logged in. Login Now
 0-16          
 
Author Message
krj
Proposed motion: Board authorization to sue to protect anonymous access Mark Unseen   Feb 11 18:18 UTC 2001

Proposed motion:
 
The Board of Directors is authorized to enter a lawsuit to block the 
enforcement of a proposed Michigan law to prohibit anonymous 
access to the Internet.   The proposal is currently known as 
the Michigan Internet Minimal Identifiers Act,  introduced by State 
Senator Bob Brown, but this authorization extends to whatever 
the Legislature may eventually pass if if requires Grex to keep 
identifying information on its users.

This proposal does not authorize the expenditure of funds; it assumes
the ACLU will pick up the costs.

Sunset provisions:  This proposal only authorizes action over whatever
the Legislature passes in 2001.   This authorization expires
at the end of 2001 if no legal action has commenced by then.

(end proposed motion)

I am entering this proposal now because of the problems Grex had 
with the pressing deadlines surrounding the Cyberspace vs. Engler
suit.  In that action, the Board had to commit immediately to the 
lawsuit and then we had a member vote on whether to withdraw from it.
 
To those who object that we have not seen the actual legislation yet,
please note that this is an authorization to the Board to proceed 
with a suit if the law is seen as requiring Grex to keep 
identifying information on its users.  It is not a directive ordering
the Board to sue.   I also put in a sunset clause so this isn't 
seen as an open-ended grant of authority.

Wording refinements welcome.   


16 responses total.
scg
response 1 of 16: Mark Unseen   Feb 11 20:39 UTC 2001

If this were to come to a vote now, I would vote no on it.

We don't yet know what form this new law will take, if any, or how it will
apply to Grex.  We don't know if it will pass.  At this point, from what I
understand, it's a sound bite that somebody has gotten into some newspaper
articles, and still hasn't been introduced for consideration.

There are better ways to deal with proposed legislation than to wait for it
to pass and file suit against it.  Figure out what the proposed legislation
is, and if it really would cause problems.  Contact your legislators, to make
them aware of your concerns.  Write letters to newspapers and talk to
reporters, raising public awareness of the problems the legislation would
cause.  Filing a lawsuit should be a last resort.

We got into the Cyberspace v. Engler lawsuit because it was a last resort.
The legislation had passed, was about to go into effect, and contained
provisions that would have required us to shut down.  While the case isn't
over yet, it appears to have worked.  That's a good thing.  However, the
success there appears to have made some people here eager to try again,
apparrently jumping at the chance to file lawsuits without trying other ways
of dealing with the problems, and without first seeking legal advice.  That
not only makes no sense; it's dangerous.
remmers
response 2 of 16: Mark Unseen   Feb 11 21:28 UTC 2001

I see the proposal as asking for explicit member ratification of Grex's
long-standing policy of not requiring identifying information from its
users, and as authorizing the board to seek legal remedies in the event
that this policy experiences legal challenge.  The motion in no way
requires the board to sue, nor does it prohibit exploring other methods
of dealing with the situation.  (Such exploration would be very prudent,
in my opinion.)  It would simply enable the board to act quickly in the
event that fast action becomes necessary, e.g if the ACLU mounted a suit
and asked Grex to participate.  I'm inclined to support it.
scg
response 3 of 16: Mark Unseen   Feb 11 23:24 UTC 2001

Nowhere in the Grex bylaws is a membership vote required for anything other
than electing board members or changing the bylaws.  If the board really feels
that this comes up as too much of an emergency to allow for a membership vote,
the board can certainly take action without one.

Past Grex boards have often been cautions about taking controversial
positions, and have therefore pushed issues out to the membershi, either to
avoid making a decision or for validation of a decision.  However, if you're
arguing that this is a membership vote to allow the board members to do their
jobs as board members, rather than to set any specific course of action, it
seems rather pointless.  If, on the other hand, this is a vote to have the
members bless something in advance, before information is available on whether
it's needed or a good thing, so that the board doesn't have to take
responsibility for what it votes on, it strikes me as dangerous.
prp
response 4 of 16: Mark Unseen   Feb 12 17:00 UTC 2001

Note that currently Grex does require ID and membership for Internet access.
Thus this law might not affect Grex at all.
gull
response 5 of 16: Mark Unseen   Feb 12 19:22 UTC 2001

From the newspaper article, though, it sounded like the main complaint
was free *email* providers.  Grex doesn't require ID to send email.  So
it's not quite correct to say we require ID for Internet access; we
require ID for a subset of Internet protocols that happen to use a lot
of resources.
dpc
response 6 of 16: Mark Unseen   Feb 12 20:16 UTC 2001

I think the board should take a look at this issue, before we have
a member vote.  On the merits, though, if this stupid bill becomes
law, then I favor our joining a suit.
pfv
response 7 of 16: Mark Unseen   Feb 12 20:31 UTC 2001

        Ain't seen the text of it yet, myself..

        If the idea is to beat up wingates and other systems that can't dns,
        letting morons out to the world, I don't see the problem.. The above
        would be clarifying something that admin is supposed to consider
        anyway.
eeyore
response 8 of 16: Mark Unseen   Feb 14 16:39 UTC 2001

Okay, from what I can understand, the silly thing really isn't even written
yet.  It might be a touch early to jump on it.
cmcgee
response 9 of 16: Mark Unseen   Feb 14 17:24 UTC 2001

I think it is critical for Grex to try to shape the wording of the bill BEFORE
it gets written.  It is much easier to get good legislation by having it
reflect our concerns as it is written, than to try to amend bad legislation
after it is put on the table.  
aruba
response 10 of 16: Mark Unseen   Feb 14 18:19 UTC 2001

Any ideas how to do that, Colleen?
cmcgee
response 11 of 16: Mark Unseen   Feb 15 07:25 UTC 2001

Yes, janc's email was a good start.  Even better would be to find a defender
in Lansing.  Chris Kolb might be a good person to start with.  I think he may
be more strongly in favor of free speech issues than John Hansen.  
mdw
response 12 of 16: Mark Unseen   Feb 16 09:57 UTC 2001

I'd be very surprised if you can convince the bill's supporters to shape
this in a way that would be beneficial to grex, although you're
certainly welcome to try.  I have trouble envisioning any way grex could
track down indian pornographers in a way that would please the intent of
the designers of this bill.
richard
response 13 of 16: Mark Unseen   Feb 16 20:41 UTC 2001

if this proposed law is what it sounds like, if it passes, grex would
have to shut down newuser and start authenticating all new users and
all current users who arent members.  and keeping all authentication
paperwork on file.  And require grex to get rid of all existing 
postings in any conf, current or past, that came from non authenticated
users.  

as grex doesnt have a paid staff, this potential law has as much potential
of eventually forcing grex to shut down as the previous law did. grex
must protect itself.  Vote for the motion and be prepared to sue at once
should this become law.
other
response 14 of 16: Mark Unseen   Feb 16 21:15 UTC 2001

re: resp 13.

The not-quite sentence at the end of the first paragraph is totally 
false.  The law is not about what people say, it is about identifying the 
people who say things, and what people have posted on grex in the past is 
not in the area of concern.
cmcgee
response 15 of 16: Mark Unseen   Feb 16 22:41 UTC 2001

Actually, very few bills are passed in Lansing that are worded exactly as
their sponsors first drafted them.  There is a process that a bill goes
through, both in committee and on the floor of the House and the Senate. 
During this process, in order to insure sufficient votes to pass the bill,
compromises and wording changes are made.  

To come in AFTER this process is complete (the bill has been passed by a
majority of both the HOuse and Senate) makes it almost impossible to make
changes.  The chance to affect the bill's wording and coverage is while it
is being written, not after it is law.  
steve
response 16 of 16: Mark Unseen   Feb 21 19:56 UTC 2001

   I'm quite worried about this entire thing, because it's based on
the "new communism", namely child porn.
   We don't know enough yet to say that we will or won't have to 
fight this, but I'm sure not willing to say that we'll be able to
skirt around it--the entire concept of what constitites "access"
is enough to give me the willies.  If the fact that Grex offers
email to anyone who wants it is enough to freak out the people in
favor of the concepts behind the ideas presented, then email may
well get specifically included in the text of the law--it won't
be well written, but could well smack us right in the forehead
anyway.

   We'll have to see what continues to brew here.  The really
unfortunately part here is that we are going to have to be
vigilant for this kind of stuff for the forseeable future, I'm
afraid.  Cluelessness abounds.
 0-16          
Response Not Possible: You are Not Logged In
 

- Backtalk version 1.3.30 - Copyright 1996-2006, Jan Wolter and Steve Weiss