----- Original Message -----
From: "Alex van den Bogaerdt" <alex(_at_)ergens(_dot_)op(_dot_)het(_dot_)net>
To: <spf-discuss(_at_)v2(_dot_)listbox(_dot_)com>
Sent: Monday, February 02, 2004 5:04 PM
Subject: Re: [spf-discuss] Re: "extreme SPF" scenario for ISPs
Many ISPs disagree with this. They see themself as a
transparent carrier, much like a postal service.
Still, the postal service forbids sending of certain types of
materials via their service.
Yup, but do they actively check/enforce this?
BTW I do _not_ think an ISP is allowed to be this unresponsible.
They do have an obligation to "the net"
An ISP, if they have any sense left in them, will never pro-actively monitor
data-traffic (without a Court order). An ISP usually, and wisely, considers
their status that of "common gateway carrier". To do anything else, like
fulfilling your "obligation" to the net, however lofty the intent, brings
them within the dangerous grasp of the claws of "constructive knowledge".
Unlike actual knowledge, constructive knowledge is where an ISP should have
known of illegal conduct over its wires. A policy where the ISP promises to
actively monitor data, to be "responsible", as you call it, does indeed make
them responsible -- or rather, opens them up to criminal liability -- in a
way that is tantamount to committing business suicide.
- Mark
System Administrator Asarian-host.org
---
"If you were supposed to understand it,
we wouldn't call it code." - FedEx
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