For use by students enrolled in LWN117, Cyberlaw and Policy (QUT).
As the iinet case illustrates private persons and companies are willing to bring ISPs to court in relation to infringement of copyright, do you think the trend will continue into other areas? eg spam regulation. As there does not appear to be any equivalent safe harbour clauses for ISPs in the Spam Act, there is a possibility ISPs could be caught under ss9(c) and 23(3) unless they can prove they had no knowledge of the infringements. If the spam epidemic continues and the overseas infringers can not be found, is it possible ACMA may bring proceedings against the Australian ISPs who may have indirectly, knowingly or otherwise aided or abeted the proliferation of unsolicited commercial electronic messages?
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