[WikiEN-l] Legal obligation to report Wikipedia editorunder UCMJ (Mike G weigh in?)
Josh Gordon
user.jpgordon at gmail.com
Fri Jan 4 02:02:38 UTC 2008
Mike's responsibility is to inform us of our *legal* obligations. NLT is a *
social* obligation at Wikipedia, and it's outside of his remit.
On Jan 3, 2008 5:51 PM, Nathan <nawrich at gmail.com> wrote:
> I'll save you the "digging" and copy in what he wrote:
>
> Mike wrote:
>
> I'm probably missing something, but it doesn't seem to me to be a
> legal threat if one editor notifies another editor that the latter's
> participation may raise UCMJ or regulations problems. This is not the
> same thing as threatening to sue. Nor does it strike me as a legal
> threat to note that some members of the armed forces may be compelled
> by UCMJ or related regulation to report on-wiki activity that looks
> like a serviceman (or servicewoman) violating regulation or policy.
>
> To me, a legal threat would look something like this: "If you don't do
> X (or cease doing Y), then I'm going to report you to the authorities
> and get you in trouble with your CO." It would *not* look like
> this: "I'm just letting you know that your participation in this way
> may create problems for you under the UCMJ or regulations, especially
> because some of us are obligated by that legal framework to report
> apparent violations."
>
>
> My interpretation of at least part of the above is:
>
> A politely worded warning of a legal obligation to report is not
> considered a legal threat, as it is distinct from a 'threat to sue.'
>
> I previously wrote:
>
> I'm satisfied with what Mike Godwin wrote, which is that if politely
> issued it is wrongheaded to construe policy as prohibiting warnings of
> a legal obligation.
>
> I stand by the interpretation I made in both sentences, and I'm
> disappointed that you decided I was intentionally misrepresenting
> Mike's opinion without actually bothering to take the time to look up
> what he wrote.
>
> Nathan
>
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--jpgordon ∇∆∇∆
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