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Re: IP: ISP not liable for customer's messages
On Fri, 16 Oct 1998, Eric Cordian wrote:
> > An appeals court in Florida has ruled against a woman who sued
> > America Online because one of its customers, a convicted sex
> > offender, used an AOL chat group to try to sell the woman's
> > 11-year-old son a pornographic video. The court said that federal law
> > protects online services from being held liable for the messages
> > transmitted by their members sell the videotape of the boy. The
> > defeated lawsuit, which is being appealed to the Supreme Court, tried
> > to characterize America Online as "a home shopping network for
> > pedophiles and child pornographers." (AP/Washington Post 15 Oct 98)
> As I recall, the individual was trying to sell a pornographic video
> featuring the woman's 11 year old son, which is another thing entirely.
Not really. If the service providor is to be held accountable for what
its members post/say/etc., they would have to monitor *all* traffic in
order to police their members. In addition, even if the providor *were*
monitoring, they can only be reactive - do you expect them to monitor and
censor all traffic before releasing it?
Looks like an attempt to bring in a "deep pockets" defendant.