Re: ISP wants to stop outgoing web based spam
John Levine <nanog@johnlevine.com> writes:
Allan> I would let any ISP I use make this mistake once. After that Allan> the individuals responsible would be up on ECPA charges. John> I suppose any ISP foolish enough not to disclaim ECPA John> confidentiality gets what it deserves. The ECPA doesn't provide any mechanism to explicitly disclaim responsibility under it. Even if it did such a disclaimer would undermine any claim to anything like common carrier status for an ISP This would make the ISP vulnerable to such things as libel based on user's content. This strikes me as jumping out of the spam/virus frying pan into the defamation fire.
I assume you were about to provide us with one great legal case cite. Don't be shy, go right ahead. On August 9, 2006 at 13:57 apoindex@aoc.nrao.edu (Allan Poindexter) wrote:
John Levine <nanog@johnlevine.com> writes:
Allan> I would let any ISP I use make this mistake once. After that Allan> the individuals responsible would be up on ECPA charges.
John> I suppose any ISP foolish enough not to disclaim ECPA John> confidentiality gets what it deserves.
The ECPA doesn't provide any mechanism to explicitly disclaim responsibility under it. Even if it did such a disclaimer would undermine any claim to anything like common carrier status for an ISP This would make the ISP vulnerable to such things as libel based on user's content. This strikes me as jumping out of the spam/virus frying pan into the defamation fire.
-- -Barry Shein The World | bzs@TheWorld.com | http://www.TheWorld.com Purveyors to the Trade | Voice: 800-THE-WRLD | Login: Nationwide Software Tool & Die | Public Access Internet | SINCE 1989 *oo*
Barry> I assume you were about to provide us with one great legal Barry> case cite. Don't be shy, go right ahead. The law is online in several places. Feel free to go read it.
participants (2)
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Allan Poindexter -
Barry Shein