Date: July 01, 2009 - 5 am
Category: Advice, Clients, IT Goods & Services, IT Governance
In the past, various Internet service providers (ISPs) have been held liable for the unlawful action of others. For example, ISPs have been held liable for the data hosted on one of their servers by a customer. So, a user opens a hosting account with an ISP and puts up a web site on one of the ISPs servers that defames a company. The company decides to sue the ISP rather than the user. Another example is where the content on one of the web sites on one of the ISPs servers infringes the copyright of another company. This doesn’t seem fair does it? The ISP might not even be aware that the content exists. If ISPs where held liable for all unlawful acts, it would be an untenable situation.
Are ISPs liable for content displayed on their web sites? Should ISPs be exempt from all liability?
Well, it is possible for certain Internet service providers to get limited liability at a low cost courtesy of the law. Sounds too good to be true, doesn’t it? Well it’s not.
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Tags: ECT Act, ISP, ISPA, limited liability
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