Wednesday, 28 April 2010

Latest loop hole

The DEA defines internet access service and defines subscriber.

But they are circular!

An internet access service is a service provided to subscribers (and also has to be an service for accessing the internet and involve IP allocation).

A subscriber is defined as someone with an agreement to buy an internet access service (and not buying as a communications provider).

But which came first, the internet access service or the subscriber.

If I simply say my service is not an internet access service, then by definition the people buying it don't have an agreement to buy an internet access service so are not subscribers. If my customers are not subscribers, then the service I sell is by definition not an internet access service because it is not provided to subscribers!!!!

Well done drafting that law...

1 comment:

  1. This kind of circular nonsense is not uncommon. Indeed it makes perfect sense if you have the warped mind of a draughtsman. Indeed it keeps lawyers in business.

    It not so much a case of you as the ISP defining the service, but of the person wishing to enforce (presumably the CO), being able to demostrate that what you provided can be described by both descriptions.

    Do you sell a service that *can* be provided to subscribers. If so it might be an IAS. Does the infringer have a contract to but that survice. If so they might be a subscriber. Therefore they can be both.