dynodbPremium,VIP
join:2004-04-21
Minneapolis, MN | reply to SilverSurfer1
Re: Global Crossing & Hurricane Electric looked other way ?? said by SilverSurfer1:said by dynodb:... there is an argument to be made that they should be held accountable if they knowingly allow it to happen- essentially they'd be acting as a co-conspirator. Sure, an argument can be made. I can make an argument about monkeys flying out of my butt. Doesn't make it viable OR a law, however. Argument isn't law. What law was broken BTW? What is the cause of action here besides an allegation of co-conspiracy? You're suggesting that the host wasn't breaking the law??? It's been pretty well established that they were.
The question is, did the ISP know, should they have reasonably known, and should they be able to turn a blind eye to it?
An analogy- you rent a house to someone dealing drugs out of it. If you had no knowledge or reason to know they were doing so, you committed no crime. If on the other hand you continued to rent the house to the drug dealers knowing they rented the house for the purpose of dealing drugs, you could be prosecuted as a co-conspirator benefitting from a criminal enterprise.
Again- it would be unreasonable to expect an ISP to police their customers for any and all possible infractions, but for a continuting operation as large as this one has to question whether they knowingly allowed this to go on in in the name of profit. |
