03-09-2006, 08:10 PM
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Junior Guru Wannabe
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Join Date: Feb 2006
Posts: 62
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People hosting illegal content?
This has just crossed my mind. If someone is hosting warez on your server, do you just close their account? What about if it's illegal porn like CP? If you inform the police, in theory you could be charged with possession, but what about if you delete of all the files on that persons account, you could get in trouble for removing evidence?
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03-09-2006, 08:15 PM
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Everything in life is swelly
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Join Date: Feb 2006
Location: Swellyville
Posts: 2,340
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Quote:
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Originally Posted by JayUK
This has just crossed my mind. If someone is hosting warez on your server, do you just close their account? What about if it's illegal porn like CP? If you inform the police, in theory you could be charged with possession, but what about if you delete of all the files on that persons account, you could get in trouble for removing evidence?
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Warez and illegal content such as child pornography is prohibited on all HF servers. I am sure that is pretty much the way it is everywhere. As far as the reporting of illegal pornography such as child porn. Reporting it to the local police is absolutely recommended. You are a service provider, so as long as you didn't promote the illegal content in anyway, you would not have any ties to it what so ever.
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03-09-2006, 08:45 PM
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Froggy Support
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Join Date: Aug 2004
Posts: 1,384
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Yes, of course, if someone is hosting illegal material, then their account is closed. The material is then reported to the appropriate authorities. You are not held responsible for the actions of those on your services.
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03-09-2006, 08:50 PM
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Junior Guru Wannabe
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Join Date: Feb 2006
Location: Central California
Posts: 83
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Our policy is to report ANY unlawful activity, regardless.
We have a VERY strict policy in place for dealing with this kind of stuff.
We make a snapshot/backup of their directory, close the account, and will provide the proper law enforcement agency with the .zip file of their account. This type of thing should not be tolerated.
As far as getting in trouble because it was on your server, not a chance.
As long as you do something about it when you find out, and don't let it continue, you are not liable.
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03-09-2006, 09:01 PM
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Junior Guru
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Join Date: Feb 2004
Posts: 248
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Quote:
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Originally Posted by BinaryNerds
Our policy is to report ANY unlawful activity, regardless.
We have a VERY strict policy in place for dealing with this kind of stuff.
We make a snapshot/backup of their directory, close the account, and will provide the proper law enforcement agency with the .zip file of their account. This type of thing should not be tolerated.
As far as getting in trouble because it was on your server, not a chance.
As long as you do something about it when you find out, and don't let it continue, you are not liable.
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Yeah there is a pretty good chance of getting in trouble because it's on your server.
http://www.sciencedaily.com/upi/?fee...-childporn.xml
According to a Michigan appeals court, downloading porn is equivalent to creating porn because you're creating a copy on your HD. Burning it to DVD is another count of creating it.
Under this interpretation of the law, as soon as you take a snapshot of the directory, you've created child porn and can be charged as if you'd snapped the original picture.
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03-10-2006, 12:14 AM
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Newbie
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Join Date: Feb 2006
Posts: 22
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so does that mean that if someone uploaded it into your server, your server has downloaded from their computer, and you can be charged? i dont think so . it would be almost impossible to stop this from happening, you could always be very strict and monitor stuff, but even if you catch it, by then its already on your server (or else how would you catch it), sort of catch-22.
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03-10-2006, 12:22 AM
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Junior Guru Wannabe
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Join Date: Feb 2006
Location: Central California
Posts: 83
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Quote:
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Originally Posted by Socrat
Yeah there is a pretty good chance of getting in trouble because it's on your server.
http://www.sciencedaily.com/upi/?fee...-childporn.xml
According to a Michigan appeals court, downloading porn is equivalent to creating porn because you're creating a copy on your HD. Burning it to DVD is another count of creating it.
Under this interpretation of the law, as soon as you take a snapshot of the directory, you've created child porn and can be charged as if you'd snapped the original picture. |
Are you seriously trying to tell me this?
We run nightly off site backups...so if someone uploaded this to our server, instantly, by running the backup, we are breaking the law? 
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03-10-2006, 12:30 AM
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Newbie
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Join Date: Feb 2006
Posts: 22
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thats basically what i was saying too BinaryNerds, it would be pretty much impossible for anyone to run a hosting company this way becuse of that risk. especially if you require yourself to turn it in, that wolud be like turning yourself in too! but if you keep deleting the info and not telling anyone then you could be in trouble too...its catch-22. i think the example Socrat used is totally different from the situations here and cant be applied
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03-10-2006, 01:58 AM
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Junior Guru
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Join Date: Sep 2005
Posts: 194
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Its always important to make your customers agree to terms of condition when they buy hosting. This will help you suspend the account without any legal issues if they are breaking the rules.
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03-10-2006, 05:29 AM
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Junior Guru
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Join Date: Feb 2004
Posts: 248
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Quote:
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Originally Posted by BinaryNerds
Are you seriously trying to tell me this?
We run nightly off site backups...so if someone uploaded this to our server, instantly, by running the backup, we are breaking the law? |
That's exactly what I'm telling you. You would be breaking the law by making your backups and in the case of child porn you'd be looking at serious jail time.
It's incredibly stupid and we can always hope a jury wouldn't convict.
There's a lot of very stupid laws being made now. If you own a DVD, you can have the movie on your ipod video (it's fair use), but copying the movie from DVD to ipod is illegal (circumventing copy protection technology). Don't forget South Dakota is about to outlaw abortion too.
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03-10-2006, 06:45 AM
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Junior Guru
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Join Date: Jan 2005
Posts: 180
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I would be worried about the FBI confiscating my servers/pc. I have heard of things like that happening to hosts who provided hosting to spammers.
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03-10-2006, 11:07 AM
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WHT Addict
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Join Date: Jan 2003
Posts: 155
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Quote:
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Originally Posted by JayUK
This has just crossed my mind. If someone is hosting warez on your server, do you just close their account? What about if it's illegal porn like CP? If you inform the police, in theory you could be charged with possession, but what about if you delete of all the files on that persons account, you could get in trouble for removing evidence?
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If it were to be warez/mp3s or other such content, simply killing the account and deleting the content is what I would recommend. If it is child pornography, however, that is a different case. Your best bet then would be to suspend their account and contact your local FBI office to report it. As long as you are cooperative, they will generally just take a copy of the data rather than seize your whole server - although this is solely based on my own experience.
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Dan - Vice President - dan@burst.net
BurstNET Technologies - http://www.burst.net
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03-10-2006, 11:10 AM
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WHT Addict
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Join Date: Jan 2003
Posts: 155
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Quote:
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Originally Posted by TechnoBound
I would be worried about the FBI confiscating my servers/pc. I have heard of things like that happening to hosts who provided hosting to spammers.
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If you insert "uncooperative" between "to" and "hosts" I would agree. Cooperating with them is the key (within legal boundaries, of course).
__________________
Dan - Vice President - dan@burst.net
BurstNET Technologies - http://www.burst.net
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03-10-2006, 12:47 PM
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Web Hosting Master
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Join Date: Aug 2003
Posts: 2,734
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If it was really bad it would be reported, otherwise the account would just be closed
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03-10-2006, 05:40 PM
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Junior Guru Wannabe
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Join Date: Oct 2005
Posts: 31
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I don't see how there would even be a question in relation to blocking the account.
It's something you've really gotta report if it's gonna have an influence on yourself or other customers.
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