kljpmsd opened this issue on Mar 09, 2015 ยท 254 posts
Meshbox posted Sat, 21 March 2015 at 12:44 AM
On Google and/or ISPs:
Private companies are not Law Enforcement. In fact, while they have a duty to uphold the laws that they operate under, they have no duty to enforce the law in regards to their users or, in some cases, their product. And, if they take action in an effort to become some sort of "law enforcement" or, at the very least, an active "informant", they risk opening themselves up to litigation and embroiling themselves in a region that is frankly not in their domain.
I don't think anyone is claiming they are. Companies, like people, can be compelled to action which is legalistic to avoid consequences.
DMCA has specific provisions for network providers to maintain their "safe harbor" status. Google is considered a network provider (so is any public community site, like Rendo or FB for that matter). If they follow procedures outlined under the DMCA, then they are "safe" - they cannot be held accountable. The whole process does have provisions for challenging a takedown notice, but its just too much effort and greater risk than just taking it down, whatever it is.
I agree with your point "make the perfect the enemy of the good". In the world that we live in now, the one thing you can expect is that something is going to come along that unlocks the unbreakable lock, or undoes the need for the necessary (and creates a new necessary in the process).
Best regards,
chikako
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