On Thu, 05 Nov 2009 16:40:09 CST, Bryan King said: > Did I miss a thread on this? Has anyone looked at this yet?
> `(2) INTERNET SERVICE PROVIDERS- Any Internet service provider that, on > or through a system or network controlled or operated by the Internet > service provider, transmits, routes, provides connections for, or stores > any material containing any misrepresentation of the kind prohibited in > paragraph (1) shall be liable for any damages caused thereby, including > damages suffered by SIPC, if the Internet service provider-- "routes" sounds the most dangerous part there. Does this mean that if we have a BGP peering session with somebody, we need to filter it? Fortunately, there's the conditions: > `(A) has actual knowledge that the material contains a misrepresentation > of the kind prohibited in paragraph (1), or > `(B) in the absence of actual knowledge, is aware of facts or > circumstances from which it is apparent that the material contains a > misrepresentation of the kind prohibited in paragraph (1), and > upon obtaining such knowledge or awareness, fails to act expeditiously > to remove, or disable access to, the material. So the big players that just provide bandwidth to the smaller players are mostly off the hook - AS701 has no reason to be aware that some website in Tortuga is in violation (which raises an intresting point - what if the site *is* offshore?) And the immediate usptreams will fail to obtain knowledge or awareness of their customer's actions, the same way they always have. Move along, nothing to see.. ;)
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