CompuServe Messages

Mike; I expect CIS to "get upset" if someone posts messages with fradulent intent on the service. I do not however, hold CIS liable for the messages. Yes, if CIS were to knowingly and willingly foster such behavior then they probably should be jointly liable. Market forces would likely do a much better job with that particular problem than the law however. Indeed there is sound argument that CIS could claim damages against the 'poster' in such situations and that is without regard to any possible legal liability that CIS would incur from the posting. In most cases of illegal activity involving a regulated carrier, the party using the carrier has broken additional laws by the vary act of using a regulated carrier for illegal activity. The carrier should be liable only when they knowingly allow such activity or fail to take prudent actions to prevent such activity when it is probable that such activity will be attempted. The carrier's potential liability is so tied up in opinion that our legal system should (but usually does not) exhibit great restraint in issuing judgements against the carrier. -bill/ARS KB7LX