How would an ISP become protected against illegal activity performed within its network? Is there some clause you could put in a TOS agreement?
Thank you for your insight!
You need to look into the requirements of the Digital Millennium Copyright Act. If offers a safe harbor to ISP's if they provide for certain procedures. See the link below. Also work with a copyright attorney who can offer you guidance as well as the drafting of an appropriate
LEGAL DISCLAIMER: Please note that this comment does not constitute legal advice nor has an attorney-client relationship been created.The law may vary depending on the state in which you reside or the jurisdiction where the activity took place. This comment is intended only to give some direction in which to seek further guidance. If you think my post was helpful, please check the thumbs up tab located below.
If you are an ISP or other Internet service provider you need good legal representation. Your attorney should be able to guide you through the maze of legal regulations you need to be aware of.
Further, if you are already running an e-commerce site or other Internet presentation there are other issues you need to be aware of that may affect your site and your liability. I have written a legal guide on this site with issues you will need to discuss with an Internet attorney. I have placed a link below for your convenience.
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
If you are a small ISP and you are providing internet service to others, it would be in your best interest to consult with experienced counsel and this issue, and others which may pop up from time to time.
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