Re: Need for sane ISP's?

[Jon <torance.ca@xxxxxxxxx>]

I do not know if this will help or not. After I got my server up and
running, approx 10 days later i got a call from my IP
provider that they had received several complaints about illegal
downloading of copyright material. Shocked the hell out of me. I
figured if it was going to happen, it would happen later than sooner.

I did not receive a DMCA per say, but I was told that they had 7
notices and the issues needed to be take care of.

I explained what I was doing, but they, at least from tier 2 I think,
had no clue about TOR nodes. So Instead of
trying to act like an expert and they didn't know what was going on, I
asked about what ports this was happening
on and they told me and they slipped as to who the complainant was. I
told them I would take care of the problem and to let me know if any
more complaints came in.

So far as of this writing, I have received no more complaints. I had
to uncheck the Misc box in the exit node, which would cover the ports
the
complaint was on. Now if this would happen again, They may get a
little stronger action or force full about it. I will have to verify
this, but I believe according to the TOS of the provider, If I did not
comply and attempt to correct the problem , they would pull my
contract. I have not at this time sent a letter to them using the
template.

Like I said earlier, the problem has been resolved as far as I know at
this time.

Jon

On Mon, Jan 25, 2010 at 5:56 AM, grarpamp <grarpamp@xxxxxxxxx> wrote:
> Hi. In regard to the current general discussion regarding Tor
> operators who are getting disconnected for DMCA reports, etc...
>
> Is there a need for a 'by the books' ISP/hoster based in the USA?
>
> By 'by the books' (btb), I mean... one who isn't just going to kill
> your node, blog, files, etc... because someone complained and the
> ISP doesn't happen to like complaints or you... but will just claim
> common carrier immunity as provided for in usa law. Note that, in
> the usa, this generally means that if the subscriber does not step
> up to deal with the issue, that the isp is then forced to act to
> avoid becoming a conspirator or facilitator... often due to legal
> verbage in their contracts leading all the way back to the Tier-1's.
> Except I'm curious to get a handle on whether even that is the real
> world case... ie: the provider continuing to claim immunity even
> if the subscriber fails to stand or be reachable vs. the isp losing
> their pipe because of it.
>
> But overall, is there a need for a usa ISP who won't kneel to silly
> inquiries unless the law requires them to do so. And certainly won't
> do it because they take some lame moral sides to whatever the issue
> of the day is. aka: btb.
>
> Having one in the usa may not be good in relation to DMCA issues
> but surely also may be good for foreign entities to safely host
> what wouldn't be welcome in their own country. But would surely be
> ok as free speech in the usa.
>
> And other variations on this theme. Discussion as to such need?
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