nanog mailing list archives

Re: What can ISPs do better? Removing racism out of internet


From: "Anne P. Mitchell, Esq." <amitchell () isipp com>
Date: Mon, 5 Aug 2019 11:56:13 -0600



On Aug 5, 2019, at 11:46 AM, bzs () 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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