[tor] Re: Hidden Services Hosting and DMCA

  • From: Jim <jimmymac@xxxxxxxxxx>
  • To: torservers@xxxxxxxxxxxxx
  • Date: Sun, 13 Jun 2010 14:36:13 -0600


andrew@xxxxxxxxxxxxxx wrote:
> On Sun, Jun 13, 2010 at 05:54:41AM +0200, tor@xxxxxxxxxxxxxx wrote 3.0K bytes 
> in 57 lines about:
> : determine the ISP, in the Internet today it is trivial. Regardless of
> : that, in the end I am just an ISP. If they put so much work in finding
> 
> You need to be very careful about calling yourself an ISP.  There are
> all sorts of legal obligations around being an actual ISP in the USA.
> The main item to consider is CALEA compliance and how you handle
> data retention upon subpoena or court order.  I believe the term you want to
> say is "ISP-like" or "like a common carrier".  I'm not a lawyer, don't
> take this as legal advice.  

I am not a lawyer either.  And certainly a Wikipedia article is not a
legal authority.  With those disclaimers, I note that the Wikipedia
article on CALEA (claims to) quotes from the act itself:

"To amend title 18, United States Code, to make clear a
telecommunications carrier's duty to cooperate in the interception of
communications for Law Enforcement purposes, and for other purposes."

Indeed, the term "ISP" never occurs in the Wikipedia article while terms
like "common carriers" and "facilities-based broadband Internet access
providers" do occur.  So it would appear to me that the terminology
dangers might be very tricky indeed.

And of course, this is not legal advice either.

Cheers,
Jim

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