Archive of UserLand's first discussion group, started October 5, 1998.
ConXion can't have it both ways
Author: Dan Dees Posted: 4/13/2000; 9:55:13 PM Topic: ConXion can't have it both ways Msg #: 16247 Prev/Next: 16246 / 16248
ConXion can't have it both ways when it comes to responsibility for content. Seems like basic contract law.I'm no lawyer, but clearly ConXion's policy of reviewing the content of packets served by their system has opened them up to liability.
Someone harmed by "kiddie porn", "illegal files", "spam", or "false representations" via some site or connection served by ConXion should consider suing *them* as well as the offender.
After all, ConXion is taking responsibility for disapproval of the content that flows through them. The implicit side this is *approval* of what *does* come "from" ConXion.
They can no longer claim "we're just like the phone company, we had no idea people were sending mail about bombing the world trade center" when they are seen throwing Jonah overboard for exposing service quality.
If I were an ISP I would not want to know a thing about what went through my system, beyond traffic limits, for this reason. I don't want to be responsible if one of my users one day violates "an Australian law about disparaging broccoli".
It would be interesting to see the "Terms Of Service" that ConXion has with their customers. AOL's TOS has all sorts of content and speech control.
The busybody censors who can't help poking their nose into customer's business may find themselves sorry in the long run. Note this headline today:
NYT: AOL found guilty of allowing music bootlegs http://www.nytimes.com/cnet/CNET_0_4_1686729_00.html
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