Re: A question about the new ISP ruling and email...

[David Watts <davidwatts_98@yahoo.com>]

Here's the definition of ISP in the legislation (H.R. 2281 at
http://thomas.loc.gov).

`(1) SERVICE PROVIDER- (A) As used in subsection (a), the term
`service provider' means an entity offering   the transmission,
routing, or providing of connections for digital online
communications, between or among points specified by a user, of
material of the user's choosing, without modification to the content
of the material as sent or received.

   `(B) As used in this section, other than subsection (a), the term
`service provider' means a provider of online services or network
access, or the operator of facilities therefor, and includes an entity
described in subparagraph (A).

Subsection (a) deals with limiting ISP liability for transmitting
infringing material.  Other subsections deal with caching, hosting,
linking, taking down infringing material, liability for those who
knowingly misrepresent that material is infringing, and rights of
copyright owners to subpoena ISPs for identification information of
alleged infringers.  The requirement to register with the Copyright
Office and designate a contact person applies only as to liability for
hosted material.  However, in order to be eligible for any of the
liability limitations, ISPs must meet the following conditions:

  `(i) CONDITIONS FOR ELIGIBILITY-

          `(1) ACCOMMODATION OF TECHNOLOGY- The limitations on
liability established by this section shall apply to a service
provider only if the service provider--

       `(A) has adopted and reasonably implemented, and informs
subscribers and account holders of the service provider's system or
network of, a policy that provides for the termination in appropriate
circumstances of
subscribers and account holders of the service provider's system or
network who are repeat infringers; and

       `(B) accommodates and does not interfere with standard
technical measures.

          `(2) DEFINITION- As used in this subsection, the term
`standard technical measures' means technical measures that are used
by copyright owners to identify or protect copyrighted works and--

     `(A) have been developed pursuant to a broad consensus of
copyright owners and service providers in an open, fair, voluntary,
multi-industry standards process;

    `(B) are available to any person on reasonable and
nondiscriminatory terms; and

   `(C) do not impose substantial costs on service providers or
substantial burdens on their systems or
networks.   


---phelix@vallnet.com wrote:
>
> On 7 Nov 1998 13:50:20 -0600, Jim Choate <ravage@EINSTEIN.ssz.com>
wrote:
> 
> >
> >Would such a commercial entity require registry to be protected?
> 
> A more interesting question is whether anonymous remailers will need
to
> register.  I suspect that there will be a challenge to this law that
will
> lead judges to define what an ISP is.  That definition will
problably be
> something like:
> 
> 	Any service that allows users to connect to, send, or receive
> information to/from other sites or any site acting as a conduit for
users
> to communicate with others.
> 
> Already, companies like Newscene and Newsguy (usenet only services)
believe
> that they will need to register, though they aren't technically
ISPs, as
> most people would think of them.
> 
> Is an anymous remailer needs to register, what will the implications
be?
> 
> -- Phelix
> 
> 

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