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

[Neela Badami]

Not strictly related, but the analogy struck me:
http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=306541


On Dec 5, 2007 7:40 AM, Prashant Iyengar <prashantiyengar at gmail.com> wrote:

> 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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> >
>
>
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