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Actually no: carrier protections only work if they exercise no discretion over the link.
by R0b0t1 5y ago
Actually no: carrier protections only work if they exercise no discretion over the link.
- greyface- 5y agoAlmost all residential ISPs block outbound SMTP to prevent their IP space from being used to send spam. Does that cause them to lose common carrier status?
- R0b0t1 5y agoInterpreting the law as written, yes. I think the bigger issue is some will not re-enable it. Common carrier protections allow you to respond to abuse once you realize it exists and that such usage breaks the law. However you don't get to filter to enforce your chosen morality.
- kloch 5y agoThat is specific to the DMCA, not AUP violations in general. DMCA notices typically go to the owner of the IP addresses and ISP's have wide latitude on how they enforce their AUP.
- R0b0t1 5y agoThis isn't specific to the DMCA. Common carrier protections are for all criminal liability. It's basically a restatement of common sense -- if you don't know it was happening why should you be liable? But if you start acting like you are in control then a court gets to assume that you are in control. https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I https://www.law.cornell.edu/uscode/text/47/chapter-5/subchap...