Re: ISP wants to stop outgoing web based spam

[Barry Shein <bzs () world std com>]

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*