[91679] in North American Network Operators' Group
Re: ISP wants to stop outgoing web based spam
daemon@ATHENA.MIT.EDU (Barry Shein)
Wed Aug 9 23:13:51 2006
From: Barry Shein <bzs@world.std.com>
Date: Wed, 9 Aug 2006 23:07:13 -0400
To: apoindex@aoc.nrao.edu
Cc: John Levine <nanog@johnlevine.com>, nanog@nanog.org
In-Reply-To: <yu9ac6dbs2j.fsf@aoc.nrao.edu>
Errors-To: owner-nanog@merit.edu
I assume you were about to provide us with one great legal case
cite. Don't be shy, go right ahead.
On August 9, 2006 at 13:57 apoindex@aoc.nrao.edu (Allan Poindexter) wrote:
>
> >>>>> 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.
>
>
>
>
--
-Barry Shein
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