[Commons-Law] Net cos helping banned drug sales guilty: SC

[Prashant Iyengar]

Hi Mahesh,
You're right. The error is apparent to anyone who'd care to read the
judgment.. which is why I try to forward texts along with news. Business
Standard and The Hindu of course have their own ways of interpreting news in
misleading ways in their headings. :)
Regards,
Prashant

On Dec 5, 2007 6:01 PM, Mahesh T. Pai <paivakil at yahoo.co.in> wrote:

> I hope it is not just me.
>
> On going through the judgment, I feel that there is no justification
> for use of the term "Net cos" in the subject line.
>
> Findings of the investigating agencies that the accused are actually
> owners of the delinquent sites.
>
> The argument was something like this:-
>
> accused: m'lord, we are only intermediaries; we have no knowledge of
>         what is being hosted on the sites.
>
> Court: No; according to the investigating agencies, you are the owners
>       and you have entrusted ISP's to host the sites on your behalf;
>       you are the people responsible for the contents.
>
> In other  words, the court held that  the accused are not  an ISP (Net
> cos as used in the subject  line); there is nothing in the judgment to
> warrant a  conclusion that ISPs  and web service providers  are liable
> for criminal activities of their clients.
>
> Also, remember that this case  is arising from bail applications moved
> by the accused pending investigation.  Trial has not commenced and the
> court has made it clear that  the observations may be revisited at the
> trial. (see the final para).
>
> Prashant Iyengar said on Wed, Dec 05, 2007 at 11:37:15AM +0530,:
>
>  > The Supreme Court today said an Internet service provider could be
>  > held guilty under the narcotics control law if its network was used
>  > to distribute banned drugs in the country and abroad.  The network
>  > providers could not be
>
>
> --
>  Mahesh T. Pai <<>> http://paivakil.blogspot.com/
> Learn from the mistakes of others.
> You won't live long enough to make all of them yourself.
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