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Re: ISP wants to stop outgoing web based spam

  • From: Barry Shein
  • Date: Wed Aug 09 23:14:28 2006

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 [email protected] (Allan Poindexter) wrote:
 > 
 > >>>>> John Levine <[email protected]> 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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