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Un-Due Process
Article by Elena Fawkner

Plan of Action

My experience was pretty trivial in the scheme of things. I was able to get my site restored in just a couple of hours. Consider the damage that could be done to your business if that didn't happen though. What would be the impact on YOUR bottom line if your site was shut down for 3 days? Or a week? Or for good?

So, what's the innocent party to do in a situation like this?

Here's one plan of action:

1. SUE irresponsible complainer for defamation.
2. SUE irresponsible spam police for defamation.
3. FIRE webhost.
4. SUE fired webhost for lost profits.

The Solution

I for one am not generally in favor of government regulation when it comes to the Internet. This is one area, however, in which I must say some form of governmental control should be taken. Where else but online can you have a situation where it's commonplace for someone to take punitive action against an innocent bystander BEFORE giving them a fair hearing? Where else but online can ignorant and/or malicious individuals be allowed to cause such injury to someone else's livelihood without being called to account? Try that in the real world and you'll be answering a charge of vandalism, defamation and trespass to goods just to start.

It's high time someone took a balanced approach to the issue of spam and recognized that, although spam is an
undeniable problem, so too are anti-spam zealots and plain malicious types who think it's sport to trash some innocent person's business and reputation. They should be held to account for the damage they cause.

In addition, in recognition of this unfortunate fact of online life, a fact, I might add, of which webhosts are only too well aware, webhosts should also be held accountable for shutting down livelihoods based only on the prosecution's case in chief. The defense is entitled to be heard and any conviction that results from a one-sided hearing is nothing short of an abject denial of due process. The legal profession can't get away with that. Why the hell should webhosts?

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* Fictionalized names.

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