Legal Question in Criminal Law in New York

Liability

I am currently having a debate with

someone. This person states that if

you posted information (such as

how to make a bomb, hard wire a

car) on the internet followed by a

disclaimer (such as he is not

responsible for what you do with

the information and cannot be held

liable for any legal proceedings)

that he is waived from any legal

liability or consequence for

providing the information.

Essentially it's like.. ''Although I

provided the information and

technique, I put a disclaimer. So

don't blame me that you

manufactured a bomb that caused

destruction.''

I believe this is grossly incorrect

and that he in fact can be held

liable by providing such information

(as an accessory, etc...).

I was wondering is this possible?

Also, are there any famous cases

that tested this question and onus

of liability?


Asked on 6/30/09, 5:52 am

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Liability

That is an interesting question. I agree that a disclaimer would not relieve you from liability. Disclaimers are not very effective. However unless the posting itself was illegal, I am not sure you could be held liable for someone else's destruction because it would be impossible to prove he got the infrmation from the site.

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Answered on 6/30/09, 7:11 am


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