more on ] Have ISP's walked into their own trap?

[David Farber <farber () tmail com>]

-----Original Message-----
From: Mike Godwin <mnemonic () well com>
To: dave () farber net, Ip ip <ip () v2 listbox com>
CC: David Farber <farber () tmail com>
Subject: Re: [IP] Have ISP's walked into their own trap?
Date: Mon, 24 Feb 2003 08:23:18 -0500

At 8:12 AM -0500 2/24/03, David Farber wrote:
> -----Original Message-----
> From: Rodney Joffe <rjoffe () centergate com>
> To: Dave Farber <dave () farber net>

> As ISPs move to fight spam by installing content aware filtering, have
> they cracked open the historical defense that much like common 
> carriers,
> ISPs are not responsible for content in Internet copyright, fraud,
> pornography, and terrorism cases?

The short answer is: No.

Spam filtering is normally automatic and does not create human awareness 
as to the general content of message traffic.  Liability is contingent 
not on lack of "common carrier" status but on "scienter" aka "guilty 
knowledge."  But an ISP doesn't know, by virtue of having filtered for 
spam (usually on the basis of some pretty simple criteria, but even true 
for Bayesian filters), whether an ISP's message traffic contains 
copyright-infringing material, fraudulent material, obscenity, or 
terrorism-related material.


--Mike



--
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"I speak the password primeval .... I give the sign of democracy ...."
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Mike Godwin can be reached by phone at 202-518-0020
His book, CYBER RIGHTS, can be ordered at
        http://www.panix.com/~mnemonic .
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-- Dave

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