Feeds

US Supreme Court declines ISP liability case

Justices deal another blow to the Nanny State

  • alert
  • submit to reddit

Intelligent flash storage arrays

The US Supreme Court has declined to hear objections to a lower-court's dismissal of a lawsuit filed against Prodigy after an impostor sent a threatening e-mail and posted two vulgar bulletin board messages in the name if a fifteen-year-old lad. The Justices denied an appeal filed on behalf of New Yorker and Boy Scout Alexander Lunney, who unsuccessfully sued Prodigy for defamation and negligence over the incidents which occurred in 1994. In addition to two vulgar bulletin board messages posted in Lunney's name, the impostor sent an obscene e-mail message to a local Scout troop leader, the subject of which was "HOW I'M GONNA KILL U." Prodigy cancelled the bogus accounts, but never succeeded in identifying the impostor. It apologised to Lunney, but the boy's father, far from satisfied, brought the suit on his son's behalf. The New York court dismissed the suit on grounds that Prodigy was not the publisher of the e-mail or the BBS postings. Last December the New York Court of Appeals also found Prodigy not liable. Lunney's lawyers appealed to the Supreme Court, claiming that the case was "perhaps the most egregious of a series of Internet-related liability cases." The Court, obviously, saw it differently. While this is a far cry from a Supreme Court decision, anything the Justices choose to do or not do can influence the future decisions of lower courts. One consequence of today's denial could be to inconvenience heavyweight copyright crusaders such as the Motion Picture Association of America (MPAA) and Recording Industry Association of America (RIAA) in their efforts to influence ISPs which host sites containing material or links to material which they find threatening. ®

Choosing a cloud hosting partner with confidence

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
5 critical considerations for enterprise cloud backup
Key considerations when evaluating cloud backup solutions to ensure adequate protection security and availability of enterprise data.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
How to simplify SSL certificate management
Simple steps to take control of SSL certificates across the enterprise, and recommendations centralizing certificate management throughout their lifecycle.