What can ISPs do better? Removing racism out of internet

Anne P. Mitchell, Esq. amitchell at isipp.com
Mon Aug 5 17:56:13 UTC 2019



> On Aug 5, 2019, at 11:46 AM, bzs at theworld.com wrote:
> 
> My first suggestion would be to include an indemnification clause in
> your contracts which includes liability for content, if you don't
> already have it (probably most do.)
> 
> And a clause which indicates you (need lawyering for this) will seek
> expenses including but not limited to legal, judgements, reputational
> recovery (e.g., cost of producing press releases), etc, incurred by
> actions taken by customer.

These are all excellent suggestions - and while we're on the subject of that sort of thing, *everyone* should have warrantees of GDPR compliance in any of their third-party contracts in which data can be touched, and *also* indemnification clauses in those same contracts if you are held responsible because those third-parties were breached, etc., and found to *not* be in compliance with GDPR (for which GDPR specifically provides - i.e. GDPR can go through the third-party contract and hold *you* liable).  This is one of the ways that GDPR can seep in to get you even if you think you're safe because you're not in the EU.

Anne

---

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




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