That's because ISPs/Mail are protected by common carrier laws, you are not. They pass laws that specifically say that if a company is incorporated as a common carrier, then the items (or data) they transport aren't their responsibility.

Do you have a pointer to those laws? As in acts and articles?

AFAIK, most ISPs have chosen to *not* assume the common carrier
status in order to avoid common carrier obligations and to not
subject their ToSs and AUPs to common carrier demands. The DMCA
offers the possibility to any ISP to assume a common-carrier-like
position, at his option and after he has received a complaint,
but the DMCA only addresses copyright infringements and not any
other illegal content.

Besides, if we disregard ISPs for a moment, I don't know of any
private company in a non-carrier business that has ever been
prosecuted for what its employees do over its networks. That
is: I work at company X. I spend most of my time in the office
downloading kiddie porn and uploading copyright infringements,
trade mark violations, libel and military secrets. When I'm
caught, I'll go to jail for a very long time.

Now, do you seriously think that my boss will go to jail too
because he "could have known that this could happen" and he
"didn't take protective measures" and he "should have controlled
the contents of all incoming and outgoing communications over
the company network" and he "didn't have to provide internet
access to his employees in the first place"? Do you seriously
think so? And, if you do, does that reflect your opinion as
Matthew.Findley@ or as @usdoj.gov ?


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