There are some low income situations where you are legally forbidden to disconnect. I cannot remember if it is a bankruptcy, or divorce or just being on welfare but I have run into this before.
From: Adam Moffett Sent: Tuesday, September 04, 2018 10:24 AM To: [email protected] Subject: Re: [AFMUG] Court of appeals: IP address is not enough to sue someone for copyright infringement Steve, Unless there's some special circumstance you're not under any obligation to provide service to anyone. You could disconnect them for any reason you want.....though obviously they don't have to pay you for the service if you're not delivering it. I.E.: there's no basis to fight a disconnect no matter why you did it. (The notable exception would be civil rights. You couldn't disconnect someone for being Black, female, handicapped, etc. Not that anyone here would do that.) The safe harbor bit of the DMCA says you are immune from any responsibility for carrying the unlawful traffic if you stop the unlawful traffic once you're made aware of it, and I'm not clear that you're liable for carrying it to begin with. It's like if they sent a notice to the post office that sometimes people put Anthrax spores into the mail and the post office chooses to continue delivering mail because 99.999999% of mail doesn't have Anthrax and they can't reasonably screen it all for Anthrax just in case. I could be wrong on this point, but I think disconnecting the offender after DMCA notices means you explicitly have no liability and not disconnecting the offender means we could have an argument about whether you're liable, but you aren't automatically liable. Regarding Net Neutrality: The 2015 Open Internet Order had 3 main rules, but none of them applied to unlawful traffic. You could have blocked illegal activity without violating those rules, and they don't impose any additional obligations about whether or not you can disconnect anyone. As an aside: I hate that we (everyone) keep calling the Open Internet Order "net neutrality". Net Neutrality still exists, and almost every ISP exhibits the desired neutral behavior without being told. The net is still neutral. -Adam On 9/4/2018 11:58 AM, Steve Jones wrote: Forwarding policies are invalidated, and there is caselaw to fight a disconnect. This better not end up with. Them targeting us again. Really though that'd still need a search warrant or subpoena to involve us wouldn't they? This is where net neutrality may have helped us, not that I want it back, but we could have said "but we aren't allowed to do anything" On Tue, Sep 4, 2018, 10:03 AM Chuck McCown <[email protected]> wrote: I am thinking it would strengthen it. From: Steve Jones Sent: Monday, September 03, 2018 9:23 PM To: AnimalFarm Microwave Users Group Subject: Re: [AFMUG] Court of appeals: IP address is not enough to sue someone for copyright infringement hopefully this doesnt degrade safe harbor On Mon, Sep 3, 2018 at 12:21 PM Bill Prince <[email protected]> wrote: I agree. bp <part15sbs{at}gmail{dot}com> On 9/3/2018 10:14 AM, [email protected] wrote: I think the court got it right. From: Eric Kuhnke Sent: Sunday, September 2, 2018 10:50 PM To: AnimalFarm Microwave Users Group Subject: [AFMUG] Court of appeals: IP address is not enough to sue someone for copyright infringement https://www.techspot.com/news/76190-us-court-appeals-ip-address-isnt-enough-identify.html ------------------------------------------------------------------------ -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com ---------------------------------------------------------------------------- -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -------------------------------------------------------------------------------- -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com
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