[91650] in North American Network Operators' Group
Re: ISP wants to stop outgoing web based spam
daemon@ATHENA.MIT.EDU (Allan Poindexter)
Wed Aug 9 16:00:51 2006
To: John Levine <nanog@johnlevine.com>
Cc: nanog@nanog.org
Reply-To: apoindex@aoc.nrao.edu
From: Allan Poindexter <apoindex@aoc.nrao.edu>
Date: Wed, 09 Aug 2006 13:57:24 -0600
In-Reply-To: <20060809173954.65840.qmail@simone.iecc.com> (John Levine's
message of "9 Aug 2006 17:39:54 -0000")
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Errors-To: owner-nanog@merit.edu
>>>>> John Levine <nanog@johnlevine.com> writes:
Allan> I would let any ISP I use make this mistake once. After that
Allan> the individuals responsible would be up on ECPA charges.
John> I suppose any ISP foolish enough not to disclaim ECPA
John> confidentiality gets what it deserves.
The ECPA doesn't provide any mechanism to explicitly disclaim
responsibility under it. Even if it did such a disclaimer would
undermine any claim to anything like common carrier status for an ISP
This would make the ISP vulnerable to such things as libel based on
user's content. This strikes me as jumping out of the spam/virus
frying pan into the defamation fire.
