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

[Mel Beckman <mel () beckman org>]

Valdis,

The key misunderstanding on your part is the phrase “on your servers”. ISPs acting as conduits do not, by definition 
(in the DMCA), store anything on servers. Moreover, the DMCA specifically spells out that safe harbor protection 
“covers acts of transmission, routing, or providing connections for the information, as well as the intermediate and 
transient copies that are made automatically in the operation of a network.”

And if the FBI, or whoever, through various technical means, managed to discover that illegal information passed 
through an ISPs network, they have no more cause of action than if that traffic passed through AT&T leased lines. Not 
that they haven’t tried.

 -mel

On Aug 5, 2019, at 11:34 AM, Valdis Klētnieks <valdis.kletnieks () vt edu<mailto:valdis.kletnieks () vt edu>> wrote:

On Mon, 05 Aug 2019 18:19:06 -0000, Mel Beckman said:
I notice you didn’t provide any actual data to support your position. What,
for example, outside of copyright violations, could ISPs conceivably be liable
for?

You get caught with nuclear weapons data, terrorism-related info, or kiddie
porn on your servers dropped there by a customer, you're going to be wishing
for a safe harbor that extends further than just copyright.

Whether you actually get one is going to depend on a *lot* of details of the
specific incident. At that point, don't listen to me, and don't listen to Anne,
hire a good lawyer who knows exactly what the rules are in your jurisdiction(s)
and listen to them :)