stargeek
PHP news website logo.
home    PHP scripts    articles    seo tools    links    search    contact    shop    realtors


Legal Liability For ISPs Revisited







Legal Liability For ISPs Revisited

Legal Liability For ISPs Revisited 04/19/2004 04:15 AM

Last month we wrote about the ISP in Pennsylvania who had their serve rs seized for providing a Usenet tool that some people were using to access child porn. Now, the law is pretty clear ISP liability on such things. The liability falls with those who actually possess the child porn, and not the ISP used to access it. This is for a few very good reasons - including the fact that passing liability on to the ISPs would basically require them to first analyze every packet that went across their network. This, obviously isn't practical. Now, the Associated Press has picked up on the story and are running their own article with more details about the potential legal ramifications of the case. Unfortunately, because it's focused on the third rail issue of "child pornography" many people are going to miss the legal importance of what's happening and focus on why it's important to stop child porn. That's absolutely true, but the way to do that is to go after those actually responsible for the child porn and not the ISP that people used to access it. This is yet another case where people are going after enabling technology that has plenty of legitimate uses, rather than going after those who actually broke the law.




This is a GrokNews Entry: (what is grok?)





Similar Items

Legal Liability For ISPs Revisited

Grok Headline matches for Legal Liability For ISPs Revisited

Personal Computing | Instant messaging
exposes firms to legal liability


Personal Computing | Instant messaging
exposes firms to legal liability
07/15/2004 03:31 AM
Philadelphia Inquirer Jul 15 2004 7:51AM GMT

When Does Usability Become a Liability?


When Does Usability Become a Liability? 04/12/2004 10:08 PM
Slashdot Apr 13 2004 2:16AM GMT

When Does Usablility Become a Liability?


When Does Usablility Become a Liability? 04/12/2004 03:33 PM

Online liability Why you should be
careful about what you say on the net


Online liability Why you should be
careful about what you say on the net
09/10/2004 08:46 AM
BBC Sep 10 2004 1:20PM GMT

Media Liability Insurance


Media Liability Insurance 06/17/2005 03:45 PM

Online Publishing Risks Create Need for Libel Insurance: Interesting article about liability insurance for online publisher. Essentially, these policies will cover you if someone sues you for something you wrote.

The need to publish in "Internet time" further increases the risks for online publishers. The public now expects to read about news online as it happens, thus affording little opportunity for the type of extensive editing and fact-checking procedures typically employed in the offline world. Bloggers generally post to the Web without any review or oversight by a third-party.

[...] Typically, the minimum limit for a media policy is $1 million. For larger publishers, coverage up to $100 million can readily be placed. Premiums for media policies can start as low as $1,500. Deductibles generally start at $5,000 for a $1 million policy.

Let's test this: Bob Johnson from Sheyboygan, Wisconsin kicks puppies and tortures kittens. That's right Bob, I'm talking about you.


Camera phones a liability for
enterprises


Camera phones a liability for
enterprises
12/17/2003 10:48 AM
Personal Computer World Dec 17 2003 9:38AM ET

Old computers: An IT department
liability that's costing more


Old computers: An IT department
liability that's costing more
08/27/2004 02:14 PM

Liability Issues Return Concerning
Online Posts


Liability Issues Return Concerning
Online Posts
02/01/2005 09:15 PM
"...a libel lawsuit against a business professor who posted a student's essay to the web to start a discussion. The problem was that the essay detailed the story from one of his students talking about how a company, Ben-Tech, had allegedly pushed him to take confidential materials from Siemens, where he was employed at the time. While posting the paper to the internet was mainly for class discussion only, Google found it, and that helped Ben-Tech find it, and decide that it was libelous."

The New US Post Office Electronic
Postmark and Liability


The New US Post Office Electronic
Postmark and Liability
03/19/2003 10:43 PM
Can you go to jail for filtering email? What about misplaced, lost, or corrupted data communications? Clearly, the USPO is opening up a new chapter in the already murky waters of internet law and liability.

There ought to be liability for keeping
quiet about security holes


There ought to be liability for keeping
quiet about security holes
08/03/2004 02:45 PM
Ed Foster hits the nail on the head: "If a website faces liability for inadvertently exposing visitors to a Trojan, shouldn't it face even more liability for keeping quiet when a warning might save some previous visitors from having their...

Judge mulls liability in Kazaa trial


Judge mulls liability in Kazaa trial 03/25/2005 04:56 PM
Houston Chronicle Mar 25 2005 9:37PM GMT

Terraforming Mars, Turning a Liability
into an Asset


Terraforming Mars, Turning a Liability
into an Asset
02/06/2005 01:11 AM
Technocrat.net Feb 6 2005 2:25AM GMT

PeopleSoft buyout liability nears $2
billion


PeopleSoft buyout liability nears $2
billion
05/10/2004 04:08 PM
CNET May 10 2004 8:19PM GMT

Microsoft joins OSDL, frees Linux of
liability


Microsoft joins OSDL, frees Linux of
liability
04/01/2005 11:34 AM
APRIL FOOLS DAY SPECIAL -- Adding what is perhaps its most significant member to date, the Open Source Development Labs (OSDL) has announced that longtime open source opponent Microsoft is joining its ranks, giving Eric Raymond a seat on the Microsoft Board of Directors and agreeing to a sweeping intellectual property agreement this week.

High Court to rule on credit card
liability


High Court to rule on credit card
liability
07/23/2004 02:37 PM
Personal Computer World Jul 23 2004 6:12PM GMT

searchNetworking.com | Expert sheds
light on Wi-Fi liability issues


searchNetworking.com | Expert sheds
light on Wi-Fi liability issues
01/16/2004 10:59 AM
http://searchnetworking.techtarget.com/qna/0,289202,sid7_gci944124,00. html In November, a man in Canada was arrested for downloading child pornography onto his laptop. The catch is that he was using someone else's wireless access point to access the illegal material. While the owner of that access point was never charged with a crime, the incident highlights a new concern about Wi-Fi security: If someone accesses your company's wireless network without permission, are you liable for...

Grokster scorecard: what theories of
liability do the amici endorse?


Grokster scorecard: what theories of
liability do the amici endorse?
03/19/2005 03:03 AM
Cory Doctorow: Jonathan Band, a copyfightin' lawyer from Morrison & Foerster, has created a great roundup of the amicus briefs in Grokster, the Supreme Court case where EFF will argue the right of P2P developers to make tools without having to anticipate and prevent copyright infringement in their designs. The highlight of this is a chart in which the various positions of each of the amici is summed up on a grid. You can't tell the players without a scorecard. 460K PDF Link

Bush Urges Congress to Put Limits on
Medical Liability Awards


Bush Urges Congress to Put Limits on
Medical Liability Awards
01/05/2005 07:32 PM
President Bush prodded the new Congress today to put curbs on medical-malpractice lawsuits, which he said were driving up the cost of care and driving good doctors out of medicine.

Microsoft raises antitrust liability -
Ups figure to $1.04 billion from $972
million


Microsoft raises antitrust liability -
Ups figure to $1.04 billion from $972
million
09/03/2004 12:10 PM
osOpinion Sep 3 2004 3:58PM GMT

Las Vegas Legal Video Hires Emmy Winner
as Legal Video Specialist


Las Vegas Legal Video Hires Emmy Winner
as Legal Video Specialist
06/24/2004 03:02 AM
Emmy-Winner Schwartz brings wealth of experience to upstart Las Vegas company [PRWEB Jun 24, 2004]

"AIO G3 revisited"


"AIO G3 revisited" 08/23/2004 10:22 AM

fireworks, revisited


fireworks, revisited 07/02/2004 07:44 PM
Two years ago, I wrote an entry that endures as one of my all-time favorites.

It's timely and topical, and (most importantly) frees me up this weekend to hang out with my wife.

Longtime readers will probably remember this, and I hope that new readers enjoy it as much as I do.

It's called Fireworks.

Read the full entry @ WWdN!

FIleVault Revisited: Yea Or Nea?


FIleVault Revisited: Yea Or Nea? 04/01/2005 09:29 AM

Python Revisited


Python Revisited 01/01/2004 02:44 PM
Happy New Year! Let's talk shop as usual.

Recently, we've been looking at developing some server software in Python. This is my first serious look at Python since 1999, and I'm impressed with the improvements. It's a couple of years older than PHP, and certainly more mature. Python has a reputation for being more rationally designed than PHP or Perl, and in general that's true; but you can still see Python's age in the fact that there are many APIs that do the same thing (eg. the string functions).

PHP is still a better language for web development because it is a simpler language, easy to teach to Java or Javascript programmers, has more flexible string processing, and designed to work well with templates.

But as a general programming language, Python has its advantages. You can build sophisticated networking software with Python that supports threads and asynchronous connections with reasonable efficiency (though Python doesn't really take advantage of multiple CPU's due to an internal global lock). The Twisted and Dibbler frameworks are testament to that. Python's C API is well documented and Python can be easily embedded into 3rd party apps.

Python is also a good source of design ideas. I have noticed that othe rs have realized that many good Java ideas do not translate well to PHP. There is an impedence mismatch; many things that are hard in Java are easy in PHP. It makes sense to create an elaborate framework in Java to do something that's hard in Java, but to apply the same to PHP suggests more energy than sense. In contrast, I suspect that Python and PHP are more complementary than we all suspect...

PS: We also had a look at developing the same server software using .NET. However .NET doesn't have builtin support for open protocols such as POP3 and IMAP. I continue to be amused at the (intentional?) omissions in the .NET framework.


""Hacking" Revisited"


""Hacking" Revisited" 02/13/2004 02:37 PM

Eldred Revisited


Eldred Revisited 08/23/2004 10:05 AM
Larry Lessig from time to time flagellates himself about losing the Eldred case in the Supreme Court. He shouldn't; it was unwinnable for a host of reason (the lopsided vote--7-2--is a clue). Yes, Congress can confer copyrights only "for limited Times," but what's "limited" is a matter of perspective. If...

The CELL revisited


The CELL revisited 03/14/2005 04:51 PM
RWT posts a followup to their CELL article, and I revise my stance on the name "synergistic processing unit."

Using PDF Services, revisited


Using PDF Services, revisited 12/27/2004 10:39 AM
This hint reminded me that PDF Services might not be getting the attention or respect they deserve. So here's a simple yet very effective tip that makes saving PDFs fun! Create a folder on your desktop called "PDFs to Read"...

Flash, revisited


Flash, revisited 09/11/2004 02:29 PM
I’ve never liked Macromedia Flash. For longer than I care to remember, I considered Flash nothing more than an annoying tools for advertisers to waste my bandwidth and make me install yet on more piece of software on my computer. The irony of providing “rich content” advertising and leave ...

Ratings Revisited


Ratings Revisited 02/10/2004 02:50 AM
Updated my entry ratings code. Added IP Address storing. Added one rating per IP code.

OPML Revisited


OPML Revisited 03/14/2005 05:44 PM

OPML is a simple, widely used, yet often misunderstood, XML format created by Dave Winer.  IMHO, misunderstandings stem from overexposure to traditional ways of using XML.  I must admit, I also laughed at OPML when I first looked at it years ago.  But when I cocked my head (a technique anyone can learn from their dogs), it began to make a lot of sense.

This is what I saw:

Infoset:

  • An OPML document is a collection of objects.
  • An object may have properties and contents.
  • An object's properties are unordered map of name/value pairs.
  • An object's contents are ordered list of objects.

Syntax:

  • Objects are encoded as XML elements named 'outline'.
  • Properties are encoded as XML attributes.
  • Content objects are encoded as child XML elements.

Once you get this picture in your mind, you start to appreciate OPML more.  Throw in display and interaction semantics builted into the format along with distributed object linking and embedding Dave often raves about and you got quite a beast of a language.

As to the question of who defines the properties, the answer is everybody does.  OPML is a kind of Emergent Markup Language in that common properties are expected to emerge through industry practices rather than standardization through committees.

There are some shortcomings with OPML though which I would like to see addressed.

OPML Wiki

OPML needs a wiki for OPML developers to interact with each other and to document how each of them are using OPML so that standard or type-specific properties may emerge.

Structured Properties

One weakness of XML is that, while elements may be structured, attributes may not.  Since properties are encoded as XML attributes in OPML, (semi) structured properties (i.e. HTML fragments) have to be encoded at the cost of readability.

I think the need for a wiki is far more serious than the need for structured property support.


Entry 1,000 Revisited


Entry 1,000 Revisited 09/09/2004 09:02 AM

Entry Number 1,000: One year ago today we hit 1,000 entries. How quaint.

Click here to comment on this entry


OpenBSD revisited


OpenBSD revisited 06/07/2004 03:46 PM

Strings, revisited


Strings, revisited 06/16/2004 10:49 PM
So, I finally did the last draft of the bytecode/assembly level string design for Parrot. It was a mixed bag--the per-string language tag is gone (darn!) but national character sets stay (yay!) with a set of "It's all Unicode no matter what you say" string ops thrown into the mix. Like any other engineering task with multiple conflicting requirements and strong proponents of different schemes, it's safe to say that everyone's unhappy with the result, but I think everyone can make do with what we have. What ultimately resulted, if you don't feel like going and looking up the post...

Newsletters Revisited


Newsletters Revisited 03/13/2003 12:53 PM

MySQL and OS X Revisited


MySQL and OS X Revisited 11/23/2002 10:02 AM
via Apple's Internet Developer: "In this article I'll give you an overview of MySQL's features and drawbacks, show you how...

Intechra, SalvageSale Announce Strategic
Alliance; Companies to Offer Computer
Equipment Recycling and Global
Remarketing with Data Security,
Liability Protection


Intechra, SalvageSale Announce Strategic
Alliance; Companies to Offer Computer
Equipment Recycling and Global
Remarketing with Data Security,
Liability Protection
03/31/2005 03:08 AM
Intechra, a pioneer in commercial electronics recycling and refurbishing, and SalvageSale, Inc., the extensive online auction and services provider for worldwide commercial salvage and corporate end-of-life assets, today announced a strategic alliance that will offer secure and environmentally responsible recycling and remarketing services to corporate customers for their idle computer equipment. [PRWEB Mar 31, 2005]

US federal court exempts peer-to-peer
clients from copyright liability


US federal court exempts peer-to-peer
clients from copyright liability
08/21/2004 11:25 AM

After months of hearings and consideration , the United States Ninth Circuit Court of Appeals ruled that makers of peer-to-peer computer software (" P2P ") are not liabile for damages concerning copyright infrigement.

The decision hewed to the 1984 Sony v. Betamax ruling , which exempted videocassette recorder makers from copyright infringement, arguing that a tool isn't necessarily dangerous if some of its uses are actionable. Instead the court recommended that intellectual property owners pursue individual infringers. Additionally, defenders of the p2p software argued that the decision preserves privacy rights for users.


Tungsten T6 Rumors Revisited, Not T6


Tungsten T6 Rumors Revisited, Not T6 03/19/2005 02:45 AM

palm_one_logo.jpgSo it appears that the rumors surrounding the next Tungsten have just gotten even more packed with whimsy. Palm Addict has received word that the new device will have 4GB of internal memory, weigh in a bit heavier than the T5 and will include built-in Wi-Fi. It will not, however, be called the T6, or even be part of the Tungsten line, for the rumor whispers on that it will be released at the end of April as a new sub-brand from palmOne. Take your rumors with an extra dose of salt today, please. (Thanks, Sammy!))

More news on a possible new Palm device [PalmAddict]
Earlier T6 Whispers [Gizmodo]


Grok Description matches for Legal Liability For ISPs Revisited
GrokA matches for Legal Liability For ISPs Revisited

Legal Liability For ISPs Revisited

The following phrases have been identified by the grok system as matching this entry:

















Also check out:


Grok

Ipod Porn on the
Rise

Brief Abstract of
Wikipedia's
Mesothelioma Cancer
page

Get first aid
instructions in your
cell phone

IE is crap
JSPWiki gains
podcasting support

Open source
databases gaining
ground, analysts say

Vaughan takes over
Capital show

WH Smith shares
surge on bid news

Deadline looms for
Pakistan clans

Inkatha go to court
over SA poll

Young people 'get
paid to study'

Netflix Bluffs A
Price Increase

Sony develops paper
DVD (AFP)

Macs get their
voices back

Number row over
broadband calls

Silence aboot
Police Kill Israeli
Arab Amid Heightened
Tensions (Reuters)

TuxTalk
Patent Reform Takes
Half A Baby Step In
A Forward-Like
Direction

Dot Consolidation Is
Back

Microsoft Announces
Breakthrough
High-Definition
Video Production
Solutions for
Windows XP

Microsoft Announces
Leading Broadcast
Companies to Deploy
Products and
Services Based on
Windows Media 9
Series

Microsoft and Sonic
Unveil DVD Authoring
Application For
Windows Media Video
High-Definition

Dilbert for 19 Apr
2004

EDGE Wireless To
Delay 3G Equipment
Sales

Ceva for Samsung 3G
Phones

Dual 3G SIM / Smart
Card

Man charged over
girl's murder

Cricket: England win
thriller

UK house prices up
50% on 2002

British soldiers
hurt in Iraq blast

Shell finance chief
is forced out

Useful Java
Application
Components 0.9.10

TripleA 0.4.1
C++ Sockets 1.2
SLAX 4.1.1
smtp-vilter 1.1.5
taglog 0.1.48
skalibs 0.43
skadns 0.25
Browseable Online
Backup System 0.6.2

arianne 0.08.2
peremptory:
Dictionary.com Word
of the Day

Missing N.D.
Student's Body
Found in Minn. (AP)

KILL BILL VOL. 2
DNC Video: Mistakes
Were Made

Apple wows the crowd
at NAB

Mother becomes
addicted to
Internet, elopes
with cyber boyfriend

Examining
Microsoft's SMS 2003

Study says two in
five Internet users
now have broadband
at home

Brent sets up
innovative 'Kids in
cyberspace'
mentoring scheme

Socitm welcomes DRC
report into web
access for the
disabled

Consultation: EU
Radiocommunications
priorities &
objectives have
your say

Local authority
regeneration
progress database
now online - & gets
thumbs up

Redditch puts vacant
commercial property
searches online

what is grok?