On Tue, Sep 04, 2018 at 12:24:15PM -0400, Adam Moffett wrote: [...] > 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.
Not a lawyer,but... DMCA is about copyright liability. The safe harbor provisions of the DMCA might shield you from copyright infringement liability if you transport copyrighted material across your network. You may have legal protections from transporting unlawful traffic, but if it isn't copyrighted material, the DMCA doesn't have anything to do with it. -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
