Here's the definition of ISP in the legislation (H.R. 2281 at http://thomas.loc.gov). `(1) SERVICE PROVIDER- (A) As used in subsection (a), the term `service provider' means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received. `(B) As used in this section, other than subsection (a), the term `service provider' means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A). Subsection (a) deals with limiting ISP liability for transmitting infringing material. Other subsections deal with caching, hosting, linking, taking down infringing material, liability for those who knowingly misrepresent that material is infringing, and rights of copyright owners to subpoena ISPs for identification information of alleged infringers. The requirement to register with the Copyright Office and designate a contact person applies only as to liability for hosted material. However, in order to be eligible for any of the liability limitations, ISPs must meet the following conditions: `(i) CONDITIONS FOR ELIGIBILITY- `(1) ACCOMMODATION OF TECHNOLOGY- The limitations on liability established by this section shall apply to a service provider only if the service provider-- `(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and `(B) accommodates and does not interfere with standard technical measures. `(2) DEFINITION- As used in this subsection, the term `standard technical measures' means technical measures that are used by copyright owners to identify or protect copyrighted works and-- `(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; `(B) are available to any person on reasonable and nondiscriminatory terms; and `(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks. ---phelix@vallnet.com wrote:

On 7 Nov 1998 13:50:20 -0600, Jim Choate <ravage@EINSTEIN.ssz.com>

wrote:

...

Would such a commercial entity require registry to be protected?

A more interesting question is whether anonymous remailers will need

register. I suspect that there will be a challenge to this law that will lead judges to define what an ISP is. That definition will

to problably be

something like:

Any service that allows users to connect to, send, or receive information to/from other sites or any site acting as a conduit for users to communicate with others.

Already, companies like Newscene and Newsguy (usenet only services) believe that they will need to register, though they aren't technically ISPs, as most people would think of them.

Is an anymous remailer needs to register, what will the implications be?

-- Phelix

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