Can an ISP take Law into their own hands?

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With the growing popularity of the Internet, the business of being an ISP is becoming more and more onerous. ISP s in India  today provide services to the Consumers and are covered by  the Consumer Protection Act. Their services should therefore be as per the agreed terms failing which they are liable to compensate the consumer for any loss or damage suffered by them.

Unfortunately, the ISP s are today oblivious of their responsibilities to its consumers and are taking advantage of the ignorance in the market place. If only, the legal professionals who are well-versed in Consumer interest litigation also acquire some knowledge of the Cyber World and the Cyber Laws, there may be many opportunities for them to hoist cases against erring ISP s so that the service levels can improve.

One of the recent examples of such an attitude is the arbitrary manner in which some ISP s (e.g.: Dishnet DSL, Chennai) have decided to tackle the problem of virus in the mails. Some time during the last month, the Dishnet servers were affected ostensibly by the virus movement in the mails going through the mail servers. The service was shut down and was  un available for a long time and the customers were not able to send any mails through the server. The Company did not think it was necessary to inform the customers about the break in service. Many of the customers observed that their outward mails were either not delivered at all or was delivered after a day's delay.

This problem of delayed despatch of the mails continued for more than a week and the undersigned lost  his articles sent to a news paper for publication since they were delayed beyond the deadlines for publication.

On enquiry, it was found that the ISP had been picking the mails and quarantining in a separate place, running it through a virus scan and then releasing it out....much the same way the airport authorities deal with unclaimed baggage suspected to contain explosives.

However considering the criticality of the e-mail as a service, it was clear that the ISP was exposing itself to a risk of being hauled up to pay damages to the customers for not delivering the mails on time and compounding it further by not keeping the customers informed about the problem. Had it been a legal system like USA, several suits would have now been filed against the ISP.

Recently the ISP seems to have  introduced a content filtering system which filters out the e-mails that are suspected to contain viruses. The fact that a message ahs been filtered out is being sent to the customers but without adequate information.

It also appears that the filtering software can send false alarms filtering out messages which  may not contain virus. The company has no system of advising the customer of the type of virus that was identified because of which the content was filtered out.

Considering that deliberate distribution of virus is a legal offence in India and most of the observed instances are from users who have not  detected a virus or who themselves are a victim of virus infection from outside, Dishnet appears to be taking law into their own hands by resorting to un announced content filtration. If Dishnet is to be of service to its customers, it should stop at protecting itself and sending virus alerts to the sender with full information about the type of virus detected.

In case, Dishnet continues to arbitrarily exercise Content filtering as they seem to be doing now, Cyber Lawyers in Chennai  may soon find an excellent business opportunity  in claiming damages from Dishnet on behalf of its clients.

Naavi 
January 16, 2002. 



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