funsec mailing list archives
Re: Censorship in America, Part II
From: Rich Kulawiec <rsk () gsp org>
Date: Mon, 24 Mar 2008 13:10:00 -0400
On Mon, Mar 24, 2008 at 11:40:51AM -0500, John C. A. Bambenek, GCIH, CISSP wrote:
Reviewing the Oxford Dictionary of English, censorship does not require that the censor is governmental.
<sigh> Nor, I'll bet, does it delve into the nuances of contract law and how you can agree to things in contracts by which you voluntarily give up rights that you might otherwise have. For example, you might, as a condition of employment, sign a non-disclosure agreement which forbids you to talk about X for Y years or to talk about X to Z or whatever. This represents a voluntarily surrender on your part of some of your (in the US) First Amendment rights, but it's not censorship. And it is obviously in the context of Constitutionally-protected rights that this discussion has any meaning: we're not talking about a TV network blurring out a boobie here. Nor is it really of any consequence what a corporation like NetSol does (unless that corporation is acting as a proxy for a government, e.g., as a contractor). You will find that [most] modern corporations go to enormous lengths to stipulate in their employment agreements, terms-of-service, company manuals, training programs, contracts, and other materials that they have sole, unlimited, irrevocable control over every form of communication that takes place under their auspices. This renders them immune to claims of "censorship" because by asserting total control of *everything* -- and mandating agreement with that control (by employees, customers, etc.) -- they cause everyone involved to voluntarily surrender a portion of their rights. To put it another way: within their scope, you *have no free speech rights*, therefore such rights can't be infringed, therefore you can't be censored. Which means, for example, that NetSol must assuredly did not "censor" this web site: it just (selectively) decided to enforce contract terms. (Don't, if you're starting to read the thread here, think for a moment I agree with or approve of this.) ---Rsk _______________________________________________ Fun and Misc security discussion for OT posts. https://linuxbox.org/cgi-bin/mailman/listinfo/funsec Note: funsec is a public and open mailing list.
Current thread:
- Censorship in America, Part II Richard M. Smith (Mar 24)
- Re: Censorship in America, Part II John C. A. Bambenek, GCIH, CISSP (Mar 24)
- Re: Censorship in America, Part II Rich Kulawiec (Mar 24)
- Re: Censorship in America, Part II John C. A. Bambenek, GCIH, CISSP (Mar 24)
- Re: Censorship in America, Part II Rich Kulawiec (Mar 24)
- Re: Censorship in America, Part II John C. A. Bambenek, GCIH, CISSP (Mar 24)
- Re: Censorship in America, Part II David Harley (Mar 24)
- Re: Censorship in America, Part II Rich Kulawiec (Mar 24)
- Re: Censorship in America, Part II der Mouse (Mar 24)
- Re: Censorship in America, Part II Rich Kulawiec (Mar 24)
- Re: Censorship in America, Part II John C. A. Bambenek, GCIH, CISSP (Mar 24)
- Re: Radiation in a cat detected while going 70miles per hour? Eduardo Tongson (Mar 24)
- Re: Radiation in a cat detected while going 70miles per hour? Rich Kulawiec (Mar 25)
- Re: Radiation in a cat detected while going 70miles per hour? coderman (Mar 26)
- Re: Radiation in a cat detected while going 70miles per hour? Dennis Henderson (Mar 26)