nanog mailing list archives

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


From: William Herrin <bill () herrin us>
Date: Fri, 26 Apr 2019 11:44:04 -0700

On Thu, Apr 25, 2019 at 1:06 PM Anne P. Mitchell, Esq. <amitchell () isipp com>
wrote:
On Apr 25, 2019, at 1:41 PM, Tom Beecher <beecher () 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 () dirtside com  bill () herrin us
Dirtside Systems ......... Web: <http://www.dirtside.com/>

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