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Because they're "not using the data". They would probably claim to be a dumb carrier(ala the postal service, even when mail is searched).

• xorblurb 10y ago
  Of course they are using the data. They are not collecting it (mainly) for the NSA, but primarily for themselves.
• hedora 10y ago
  Laws around copyright and state secrets don't have this idea of "using the data" you refer to. They focus on copying, since "using the data" would involve showing intent, which is hard to do. ISP's have argued that transmitting data doesn't count as making intermediate copies (even though router buffers do make copies), and the courts have largely bought that argument. (Also, there are laws specifically covering searching mail; the post office doesn't have to make legal arguments one was or another about it.)
  • marcosdumay 10y ago
    > ISP's have argued that transmitting data doesn't count as making intermediate copies, and the courts have largely bought that argument. And yet, the only reason EULAs are valid is because some court decided that copying software from the disk to memory for execution counts as making intermediary copies... Go figure.