[ISN] ISPs now accountable for piracy and more

From: mea culpa (jerichoat_private)
Date: Fri Nov 06 1998 - 05:28:31 PST

  • Next message: mea culpa: "[ISN] RSA Seeks Nominees for Awards & $10K Honors"

      This message is in MIME format.  The first part should be readable text,
      while the remaining parts are likely unreadable without MIME-aware tools.
      Send mail to mimeat_private for more info.
    Content-Type: TEXT/PLAIN; CHARSET=us-ascii
    Content-ID: <Pine.SUN.3.96.981106062730.8697yat_private>
    [Moderatr: A bit belated.. I am surprised this didn't get more press.]
    ISPs now accountable for piracy
    By John Borland
    Staff Writer, CNET News.com
    November 4, 1998, 5:30 p.m. PT
    URL: http://www.news.com/News/Item/0,4,28357,00.html
    A new set of federal regulations requires Internet service providers to
    register immediately with the U.S. government, lest they be held legally
    liable for pirated material that flows through their servers. 
    The new rules, which went into effect yesterday, flow from the Digital
    Millennium Copyright Act, which was signed by President Clinton last week. 
    The law shields ISPs from being sued for copyright infringement based on
    their subscribers' postings, so long as they register with the U.S. 
    Copyright Office. The provision is the product of negotiations over the
    original copyright law, and was accepted reluctantly by service provider
    industry representatives. 
    "This isn't what we would have wanted. It's a Washington approach to a
    simple kind of problem," said Dave McClure, executive director of the
    Association of Online Professionals, a trade group that represents ISPs. 
    Copyright holders had complained that some ISPs were not responding to
    warnings about pirated material located on their servers, or were claiming
    ignorance even after being notified. 
    "Copyright holders pushed for a requirement that a person actually be
    physically designated to receive information about infringement," McClure
    The new law fills a legal gap left by the passage of the Communications
    Decency Act in 1996. Under that law, ISPs cannot be held liable for
    slanderous or libelous material that is posted on their services. That
    provision, which has been tested several times in court already,
    specifically excludes copyright issues. 
    The new regulations require each ISP to designate a point-person to
    receive complaints about copyright infringement, and to send that
    information to the federal copyright office along with a $20 filing fee.
    The person's name and contact information also must be displayed
    prominently on the ISP's Web site. 
    The rules went into effect November 3. Any unregistered ISP can legally be
    held liable for pirated material on its site from now on. 
    The Copyright Office rules are only an interim step in the new law's
    implementation. Regulators will draft permanent rules and host a public
    comment period later this year or early next year. 
    Subscribe: mail majordomoat_private with "subscribe isn".
    Today's ISN Sponsor: Repent Security Incorporated [www.repsec.com]

    This archive was generated by hypermail 2b30 : Fri Apr 13 2001 - 13:10:20 PDT