[55005] in North American Network Operators' Group

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ISPs not liable for hostile code sent between users

daemon@ATHENA.MIT.EDU (Sean Donelan)
Thu Jan 23 18:26:43 2003

Date: Thu, 23 Jan 2003 18:26:07 -0500 (EST)
From: Sean Donelan <sean@donelan.com>
To: nanog@merit.edu
In-Reply-To: <02de01c2c1b0$9d68a140$020aff0a@home.glassey.com>
Errors-To: owner-nanog-outgoing@merit.edu


On Tue, 21 Jan 2003, todd glassey wrote:
> Vadim - the instant someone sues a Provider for sexual harassment from their
> spam epidemic you will start to see things change. The reason that No-Sane
> provider will block these ports or services is because they have been
> listening to their Network Admins too long, and in fact the problem is that
> they are not sane providers. What they are, and this is pretty much true

However, the US courts and US law don't agree with you.

http://news.com.com/2100-1023-981800.html

   In what legal experts describe as a first, a federal appeals court has
   upheld a ruling that America Online and other Internet service
   providers are not liable for "hostile code" sent between subscribers.



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