Tapes from hidden video cameras in toilets, changing rooms and
showers at university sports facilities were sold on various web
sites hosted by the two ISPs. The companies that made and sold the
tapes are also being sued by the students.
The students brought their case under the Communications Decency
Act, arguing that, as web site hosts, the ISPs functioned as
“content providers.” Judge Charles Kocoras took the view that the
ISPs did not provide any content for the web sites in question, and
therefore dismissed the case against them. He observed that US
federal law makes service providers immune from liability for
exercise of a publisher’s traditional editorial functions, such as
deciding whether to publish, withdraw, postpone or alter
content.
On 1st May, the US Supreme Court ruled in favour of Prodigy, an
ISP in the US, which had been sued for defamation over the posting
of an obscene and threatening message. This case gave ISPs complete
immunity from such actions in the US.
