NNSquad - Network Neutrality Squad
[ NNSquad ] Liability issues in ISP-injected ad systems?
In discussions of ISP injections of messages and ads into third-party data streams (Rogers has now gone live with injected messages in Canada), most of the analysis so far has been focused on copyright issues (modifying the totality of how content provider pages appear to users), and in the case of systems like Phorm, a range of stunningly obvious privacy concerns. However, the new revelations of security holes introduced by ISP-operated DNS diversion systems brings the issue of liability front and center. To the extent that ISPs actually inject (for example) new ads into the content streams being sent to users by Web services, it would appear that ISPs are taking on an array of liability risks that might be associated with those injections. Possible vectors of risk include security problems associated with the injected code, phishing or fraud issues associated with any advertisers who are the subject of injected materials, and so on. Content providers who might be falsely blamed by users for any such problems (which were actually caused by ISP injections) would seem to be another potential litigation source. I've had trouble finding a valid analogy for such injections in other contexts. It clearly doesn't happen with physical mail or conventional telephone service. In television and radio broadcasting, the relationships between network and local programming, network and locally-inserted commercials, and other involved parties, are clearly laid out contractually in virtually all cases. It seems that the ISP push to monitor and/or modify the content of user data streams is solely predicated on "we don't think it's illegal, so we'll keep pushing the envelope" logic. Question: Why should users' Internet communications be subject to related default conditions that would be viewed as inappropriate in most other communications environments? Can this be reasonably justified? Is it likely to become the subject of civil or criminal actions, legislative changes, etc.? --Lauren-- NNSquad Moderator