I do not know if this will help or not. After I got my server up and running, approx 10 days later i got a call from my IP provider that they had received several complaints about illegal downloading of copyright material. Shocked the hell out of me. I figured if it was going to happen, it would happen later than sooner.
I did not receive a DMCA per say, but I was told that they had 7 notices and the issues needed to be take care of. I explained what I was doing, but they, at least from tier 2 I think, had no clue about TOR nodes. So Instead of trying to act like an expert and they didn't know what was going on, I asked about what ports this was happening on and they told me and they slipped as to who the complainant was. I told them I would take care of the problem and to let me know if any more complaints came in. So far as of this writing, I have received no more complaints. I had to uncheck the Misc box in the exit node, which would cover the ports the complaint was on. Now if this would happen again, They may get a little stronger action or force full about it. I will have to verify this, but I believe according to the TOS of the provider, If I did not comply and attempt to correct the problem , they would pull my contract. I have not at this time sent a letter to them using the template. Like I said earlier, the problem has been resolved as far as I know at this time. Jon On Mon, Jan 25, 2010 at 5:56 AM, grarpamp <[email protected]> wrote: > Hi. In regard to the current general discussion regarding Tor > operators who are getting disconnected for DMCA reports, etc... > > Is there a need for a 'by the books' ISP/hoster based in the USA? > > By 'by the books' (btb), I mean... one who isn't just going to kill > your node, blog, files, etc... because someone complained and the > ISP doesn't happen to like complaints or you... but will just claim > common carrier immunity as provided for in usa law. Note that, in > the usa, this generally means that if the subscriber does not step > up to deal with the issue, that the isp is then forced to act to > avoid becoming a conspirator or facilitator... often due to legal > verbage in their contracts leading all the way back to the Tier-1's. > Except I'm curious to get a handle on whether even that is the real > world case... ie: the provider continuing to claim immunity even > if the subscriber fails to stand or be reachable vs. the isp losing > their pipe because of it. > > But overall, is there a need for a usa ISP who won't kneel to silly > inquiries unless the law requires them to do so. And certainly won't > do it because they take some lame moral sides to whatever the issue > of the day is. aka: btb. > > Having one in the usa may not be good in relation to DMCA issues > but surely also may be good for foreign entities to safely host > what wouldn't be welcome in their own country. But would surely be > ok as free speech in the usa. > > And other variations on this theme. Discussion as to such need? > *********************************************************************** > To unsubscribe, send an e-mail to [email protected] with > unsubscribe or-talk in the body. http://archives.seul.org/or/talk/ > *********************************************************************** To unsubscribe, send an e-mail to [email protected] with unsubscribe or-talk in the body. http://archives.seul.org/or/talk/

