[arin-ppml] Petition Underway - Policy Proposal 95

Kevin Kargel kkargel at polartel.com
Tue Feb 2 13:53:13 EST 2010

> There are, of course, other values to an administrative contact. You
> are, for example, not a common carrier. If your customer is hiding
> behind your identity as an ISP, you could end up responsible for
> accepting legal notice on his behalf. Is your legal department staffed
> adequately to avoid missteps in that process that will get you sued by
> the complainant, your customer or both?
> Regards,
> Bill Herrin

One current and active example of this is the flurry of Digital Millenium Copyright Act (DMCA) activity.  While there are protections for ISP's under Title II (OCILLA) of that act it *could* be interpreted by the provisions in this act that (as Bill inferred) if you are sequestering your customer then you are assuming the responsibility and/or liability under DMCA.  At the very least by that act you are assuming the responsibility to proxy actionable notices to your customer, and if you fail in that responsibility you may assume liabilities. 

This is for better legal minds than mine to determine, but it makes me wonder.  


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