RE: [gnso-rap-dt] How AT&T handles copyright abuse complaints

[Phil Corwin <pcorwin@xxxxxxxxxxxxxxxxxx>]

As one of the registrars pointed out in Mexico City, court and administrative 
orders and legislative safe harbors such as the DMCA's in the US provide a 
level of legal protection to common carriers and ISPs that is not necessarily 
available to protect registrars against litigation under ICANN contracts.


Philip S. Corwin
Partner
Butera & Andrews
1301 Pennsylvania Ave., NW
Suite 500
Washington, DC 20004
202-347-6875 (office)
202-347-6876 (fax)
202-255-6172 (cell)
"Luck is the residue of design." -- Branch Rickey
________________________________________
From: owner-gnso-rap-dt@xxxxxxxxx [owner-gnso-rap-dt@xxxxxxxxx] On Behalf Of 
Rod Rasmussen [rod.rasmussen@xxxxxxxxxxxxxxxxxxxx]
Sent: Friday, March 27, 2009 1:30 AM
To: George Kirikos
Cc: gnso-rap-dt@xxxxxxxxx
Subject: Re: [gnso-rap-dt] How AT&T handles copyright abuse complaints

Indeed, and of course, they suspend not only hosting and ISP accounts
without court orders, but phone numbers too - they do it at our
request all the time for criminal activities like phishing, phone-
based phishing and malware distribution (so that second statement must
be strictly referring to trademark issues).  Different reactions and
policies for different levels of direct harm, immediacy of the issue,
potential complicit liability from inaction, likelihood that they
would get paid for services likely bought using fraudulent/stolen
credentials, and potential for victims to get recompense in the end.
That's not too surprising, and a model that most large providers use
in one way or another - everyone has a formula, and that's appropriate
in my opinion.  The calculation of that formula and external forces
and rules shaping it are where the fun and interesting discussions
occur!

Best,

Rod

Rod Rasmussen
President and CTO
Internet Identity

On Mar 26, 2009, at 7:08 AM, George Kirikos wrote:

>
> Hi folks,
>
> There was an interesting article in CNET yesterday, in regards to how
> AT&T handles copyright complaints as an ISP:
>
> http://news.cnet.com/8301-1023_3-10204514-93.html
>
> ""AT&T is not going to suspend or terminate anyone's policy without a
> court order."
>
> "We're not a finder of fact and under no circumstances would we ever
> suspend or terminate service based on an allegation from a third
> party."
>
> "What we do is send notices and keep track of violations and IP
> addresses," Cicconi said. "It's our view that any stronger action has
> got to rest with the copyright owner...That's what the courts are
> there for."
>
> Sincerely,
>
> George Kirikos
> http://www.leap.com/