At 12:26 4/23/2001 -0700, you wrote:
>Hello -
>
> > Without wishing to start an argument or get into a "legal "advice"
> > discussion, I think an ISP who does not scan or does not offer a scanning
> > service to its customers is taking a legal risk and has the potential for a
> > claim for "negligence" even if it is only "contributory negligence."
>
>As far as I know, SIMS does not block viruses. Any plans?
I completely and totally disagree with the original statement. Anyone who
takes reasoanble precautions (which include not using MSFT products on
windows platforms to read email) will have no problems with Viruses.
I've NEVER had a virus. (well, at least not one I didn't intentionally
run) and I've NEVER run virus protection software, and I download 100,000
emails a year and probably on the order of 10-20 GB a month of data.
Just because someone is too lazy to be smart about their files and
downloads and emails doesn't mean that it's someone else's fault.
In fact, if an ISP starts scanning email for viruses, an argument could be
made that they are then responsible for the legality of ALL the email
passing through their servers. This might be fine for a business that has
control over their employees, but it certainly is not OK for an ISP.
This is similar to what happened a few years ago with newsfeeds. The
courts position was the same, "All or none." Either the ISP filters
newsfeeds and becomes responsible for ALL posts on ALL groups or they don't
filter any news and are not responsible for any posts on any groups.
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