On Fri, Jul 23, 2010 at 10:11 AM, Positively Optimistic < positivelyoptimis...@gmail.com> wrote:
> How do ISPs handle RIAA notices when NATTING customers.. ? We have > several customers that don't require public address space that could be > moved to private.. We're reluctant to make the move due to legal > liabilities.. > It might be helpful to review the requirements for DMCA Safe Harbor for conduit communication providers, specifically section 512(a). It's been my experience that some networks (.edu's in particular) have voluntarily expanded their actions in response to DMCA complaints, and will sometimes falsely attribute these actions to DMCA requirements. If I recall correctly, the primary responsibilities for a conduit provider are limited to terminating repeat offenders, and informing subscribers of this policy. The DMCA doesn't explicitly define what a repeat offender is, nor does it explicitly mandate specific logging measures. If a provider makes best-effort attempts to correlate complaints to subscribers in order to track repeat offenders, I'm not sure there is a liability problem here. -Nick
