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  Oracle Tips by Burleson

Web Stalkers
Chapter 5 -
All About Cybercrime

Note:  This is a literature review prepared by a non-lawyer and this research may not be construed as legal advice.  If you are seeking legal advice of qualified attorneys, consult your local Bar Association, not my web pages.

For details see, Bloggers may be liable for blog comments

The Judgment-Proof Libeler

Libelers with limited financial resources may inspire those seeking damages to look elsewhere for compensation; hoping to find deeper pockets to raid.  In the world of print media and newspapers, senior editors have been targeted.  When libel appears on the Internet, some have taken aim at the ISPs; reasoning that ISPs facilitate participation in the Internet by providing access to the forums in question, and ultimately enable the libel itself.

U.S. law put an end to that kind of reasoning with the passing of the Communications Decency Act (CDA), which states in part that no ISP

“shall be treated as the publisher or speaker of any information provided by another information content provider”.

In other words, ISPs may make the communication of libel possible through the facilities they provide, but they are not themselves responsible for that libel.

This concept seems to hold up to intuitive reasoning.  The sheer volume and variety of information passed along through the myriad interconnected systems that comprise the Internet; not to mention the legal considerations that apply to the monitoring of communications and other privacy issues, render this sort of regulation by ISPs completely untenable.


The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert
 

http://www.rampant-books.com/book_2004_2_stalkers.htm


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