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more on ICANN ordered by Illinois court to suspend spamhaus.org
From: David Farber <dave () farber net>
Date: Thu, 12 Oct 2006 10:24:39 -0400
Begin forwarded message: From: Bryan Webb <bwebb () optivus com> Date: October 11, 2006 9:59:17 PM EDT To: dave () farber netSubject: [IP] more on ICANN ordered by Illinois court to suspend spamhaus.org
Dave, For IP, if you wish...Thanks for publishing Prof. Ezor's response. I found his reference to 47
USC 230 ("Protection for private blocking and screening of offensive material") most interesting. http://www4.law.cornell.edu/uscode/html/uscode47/ usc_sec_47_00000230----000-.htmlBy my reading of it, DNS is an "Interactive Computer Service", and SpanHAUS,
ICANN, and TuCOWS are "Information Content Providers". 47 USC 230 (c) says (c) "Protection for “Good Samaritan” blocking and screening of offensive material" (1) "Treatment of publisher or speaker"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information
content provider. (2) "Civil liability"No provider or user of an interactive computer service shall be held liable
on account of— (A) any action voluntarily taken in good faith to restrict access to oravailability of material that the provider or user considers to be obscene,
lewd, lascivious, filthy, excessively violent, harassing, or otherwiseobjectionable, whether or not such material is constitutionally protected;
or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1). If we agree that spam and UCE are "otherwise objectionable", then thefiltering actions of ISPs generally is protected and unactionable under the
law, and SpamHAUS is specifically protected by subpart (B). SpamHAUSwouldn't exist and it would surely not be so popular if spam and UCE were
not objectionable.While the law is geared toward restricting access to material inappropriate to minors, it does appear to be broad enough to encompass protections for
SpamHAUS and ICANN, and probably the other registries. --Bryan Webb This is not an automated signature. I type this at the bottom of every message. ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
Current thread:
- more on ICANN ordered by Illinois court to suspend spamhaus.org David Farber (Oct 11)
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- more on ICANN ordered by Illinois court to suspend spamhaus.org David Farber (Oct 12)