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Every ISP has to have this in order to qualify for safe harbour provisions under the DMCA.
by Veliladon 5y ago
Every ISP has to have this in order to qualify for safe harbour provisions under the DMCA.
- garaetjjte 5y agoDMCA is about content hosts, I doubt it applies to ISPs.
- wahern 5y agoThe DMCA created distinct safe harbors for (a) Transitory Digital Network Communications, b) System Caching, c) Information Residing on Systems or Networks At Direction of Users, d) Information Location Tools, and e) Nonprofit Educational Institutions. See https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512 In practice (c) is the most important. The others are probably unnecessary (e.g. (a)) or rarely implicated (e.g. (e), which until the recent Archive.org COVID-19 fight I don't think had even seen any academic discussion, let alone been implicated in an actual lawsuit).
- wahern 5y agoTechnically, yes. Though, AFAIU traditional ISPs are almost certainly safe from liability even without the DMCA carve out for Transitory Digital Network Communications (17 USC 512(a)). Liability was a dubious proposition in 1996, and even more dubious today. Still, a company would be stupid to pass up a statutory safe harbor, at least so long as compliance costs (i.e. passing on notices) are minimal.