State Super-DMCA Too True

Tue Apr 1 01:19:30 UTC 2003

Actually from an end-user perspective actionable notice of
anything will originate with the customers more often than
not.

If the police come to you as an ISP and they inform you of
something illegal happening inside your ISP you have blown
it. ISP's need to be able to at least tell themselves that
they know what is happening.

By the way - the big one these days is the claim from the
Tier-2/3 player that they are really subject to the same
rules that the Tier-1 players are and that simply isn't
true - nor should it be.

Todd

-----Original Message-----
From: Stephen Sprunk [mailto:stephen at sprunk.org]
Sent: Monday, March 31, 2003 4:29 PM
To: Dan Hollis; Jack Bates
Cc: Kuhtz, Christian; todd glassey; Michael Loftis; Robert
A. Hayden;
North American Noise and Off-topic Gripes
Subject: Re: State Super-DMCA Too True

Thus spake "Dan Hollis" <goemon at anime.net>
> On Mon, 31 Mar 2003, Jack Bates wrote:
> > On the other hand, an ISP that *is* aware of illegal
activity would be
> > negligent not to look into it.
>
> How about the tier1's who route abuse@ to /dev/null? IMHO
they are
> negligent and should be held liable...

Any actionable notice about illegal activities will come via
conventional
channels from law enforcement officials -- not via email
from customers or
other operators.

Since a common carrier can't filter on content -- only
fraudulent and
malicious activity against the carrier itself -- there's not
much (legal)
purpose in maintaining an abuse@ alias.

Abuse reporting exists in its current form today because (a)
there's no laws
against most "abuse", and (b) the cops refuse to act unless
you claim at
least $250k in damages per event.  As the lawyers sink their
teeth into the
net, you're going to find less and less "good will" out
there simply because
it opens you to liabilty in court.

S

Stephen Sprunk         "God does not play dice."  --Albert
Einstein
CCIE #3723         "God is an inveterate gambler, and He
throws the
K5SSS        dice at every possible opportunity." --Stephen
Hawking