[Discuss] why don't web hosts scan their sites?

[richard.pieri at gmail.com (Richard Pieri)]

Eric Chadbourne wrote:
> Their servers are serving malware.  A lot of it I bet.  I also bet in
> their user agreement says you can't do that.  Couldn't they use this
> as a reason?  They would be doing us all a favor.

In principle, a common carrier cannot police the content or goods it 
carries. A common carrier must be neutral to all of the content it 
carries. If it discriminates then it ceases being a common carrier and 
forfeits its safe harbor. If a third party complains about a hosted 
service and that complaint is founded then the provider may have 
recourse depending on law and the terms of any contracts signed with users.

-- 
Rich P.