Hello -
On 4/29/01 6:31 PM, kreme <[EMAIL PROTECTED]> wrote:
> What we were told is that if we did not filter the newsfeed we could not be
> considered a "publisher" but instead a "common carrier."
I think I now understand the source of your legal anxieties. Advice such as
this is not incorrect, but it is inaccurate. Just like turning off a Mac
without Shutdown doesn't necessarily screw up your hard disk and always
using Shutdown doesn't mean you never need to back up. Choosing to filter
does not *necessarily* open you up to liability, nor does choosing not to
filter necessarily protect you. Someone can attempt to sue you for whatever
they want, and sometimes they win even if they shouldn't.
If someone gets a virus from your server, they could sue you for not
providing a "reasonable" level of protection now "expected" within the
industry. They could cite the many email services that do provide virus
scanning, and clip magazine articles describing problems caused by viruses,
the susceptibility of personal computers to infection, and the need for ISPs
to protect their customers from attack. Choosing inadequate software does
not form the basis of an effective defense. If anything, the claim might be
seen as a clear admission of negligence.
On the other hand, whether you provide virus scanning or not, having one
slip through does not automatically condemn you. Blocking viruses makes it
*less likely* that one might become a problem.
In general, more protection gives you more protection, not less as you seem
to fear.
Daniel
--
Daniel Solomons
Internet Central
[EMAIL PROTECTED]
206/923-1130 Main
206/355-1130 Priority
http://oo.net
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