What can ISPs do better? Removing racism out of internet

Tue Aug 6 03:14:47 UTC 2019

On Tue, 06 Aug 2019 02:27:30 -0000, Mel Beckman said:

> A CDN is very much an ISP. It is providing transport for its customers from
> arbitrary Internet destinations, to the customerâ€™s content. The caching done by
> a CDN is incidental to this transport, in accordance with the DMCA.

Just because the DMCA says it's incidental doesn't mean that covers all bases.

Go read up on the mess that covers warrants for e-mail contents - the rules are
different for on-the-wire intercepts, mail that's in the queue and not
delivered to a mailbox yet, mail that's been delivered to a mailbox and not
read, and mail that's been read by the user and left in the mailbox, and mail that
the user has read and downloaded to their personal computer.

Anybody who thinks "DMCA says we have a safe harbor" is the be-all and end-all
of it is in for a rude awakening.

And if you have an NSL show up on your desk, you're in for a whole different world of
hurt - even finding and hiring a lawyer can be a problem when you can't tell the
lawyer you have an NSL problem until after you've hired them to help with your NSL
problem.  But I guarantee that if you tell the person handing you the NSL "DMCA says
I have a safe harbor, get out of my office", your day will get even worse.
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