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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,
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.
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