Packetstream - how does this not violate just about every provider's ToS?

William Herrin bill at herrin.us
Fri Apr 26 18:44:04 UTC 2019


On Thu, Apr 25, 2019 at 1:06 PM Anne P. Mitchell, Esq. <amitchell at isipp.com>
wrote:
> > On Apr 25, 2019, at 1:41 PM, Tom Beecher <beecher at beecher.cc> wrote:
> >
> > It seems like just another example of liability shifting/shielding.
I'll defer to Actual Lawyers obviously, but the way I see it, Packetstream
doesn't have any contractual or business relationship with my ISP.  I do.
If I sell them my bandwidth, and my ISP decides to take action, they come
after me, not Packetstream. I can plead all I want about how I was just
running "someone else's software" , but that isn't gonna hold up, since I
am responsible for what is running on my home network, knowingly or
unknowingly.
>
> And *that* is *exactly* my concern.  Because those users...('you' in this
example)...they have *no idea* it is causing them to violate their ToS/AUP
with their provider.

If you put your apartment on airbnb without knowing whether subletting is
against the terms of your lease... well, there's just no cure for stupid.


> Anne P. Mitchell,
> Attorney at Law
> GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant
> Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
> Legislative Consultant
> CEO/President, Institute for Social Internet Public Policy
> Board of Directors, Denver Internet Exchange
> Board of Directors, Asilomar Microcomputer Workshop
> Legal Counsel: The CyberGreen Institute
> Former Counsel: Mail Abuse Prevention System (MAPS)
> California Bar Association
> Cal. Bar Cyberspace Law Committee
> Colorado Cyber Committee
> Ret. Professor of Law, Lincoln Law School of San Jose
> Ret. Chair, Asilomar Microcomputer Workshop

That is an obnoxious signature block. Just sayin'.

Regards,
Bill Herrin

-- 
William Herrin ................ herrin at dirtside.com  bill at herrin.us
Dirtside Systems ......... Web: <http://www.dirtside.com/>
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