How to Determine Your ISP's Legal Rights

United States citizens are all afforded certain rights when it comes to communication and the Internet. It is important for Internet users to recognize that their Internet Service Providers (ISPs) also have rights. Determine what your ISP's rights are before you engage in any activity that might infringe upon them.

Instructions

Difficulty: Easy

Things You’ll Need:

• Computer with Internet access

1. Understand that the Digital Millenium Copyright Act of 1998 (DMCA) was put in place to help limit the liability of an ISP should one of its subscribers engage in copyright infringement, such as posting a photo or other file without the express, written consent of the copyright owner.
2. Realize that given the provisions of the DMCA, your ISP may have the right to remove content from your Web site without your permission should that content violate United States copyright law. Read the text of the DMCA (see Resources below) to learn that it provides the ISP with the opportunity to avoid being held liable if it removes the infringing file upon notification by the copyright holder.
3. Know that your ISP may have the right to discontinue your service contract should you engage in activities such as illegal trafficking in stolen goods, the creation or distribution of child pornography or other forms of child exploitation. Being familiar with the terms and conditions of service provided by your ISP will help you to avoid violating its rules.
4. Know that your ISP also has the right to keep its user information private, even in certain cases of judicial subpoena. The enforcement of this right or the act of complying with a judicial subpoena is entirely up to the governing parties of your ISP.
5. Recognize that your ISP has the legal right to determine what is inappropriate content and may choose to discontinue hosting your Web site if it is deemed thus. Individual ISPs may determine their own policies regarding what action can be taken toward users who post inappropriate content, such as racist or abusive material.

Tips & Warnings

• Learn more about your specific ISP's rights by reviewing its terms and conditions. This is a legal agreement between the user and the service provider and may describe the action your ISP can take should you violate any of the terms and conditions set forth in it. You may find this document on your ISP's homepage.