John Levine <nanog@johnlevine.com> writes:
> I would let any ISP I use make this mistake once. After that
> the individuals responsible would be up on ECPA charges.
> I suppose any ISP foolish enough not to disclaim ECPA
> confidentiality gets what it deserves.
The ECPA doesn't provide any mechanism to explicitly disclaim
responsibility under it. Even if it did such a disclaimer would
undermine any claim to anything like common carrier status for an ISP
This would make the ISP vulnerable to such things as libel based on
user's content. This strikes me as jumping out of the spam/virus
frying pan into the defamation fire.