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

[Richard Pieri]

MBR wrote:
> So, since service providers can now remove material they consider
> offensive without subjecting themselves to liability, there's no reason
> they couldn't scan users' content for malware without subjecting
> themselves to liability.

That's not how it works. Among the provisions of the CDA that were ruled 
unconstitutional were requirements that providers actively scan their 
services for objectionable material.

This is not to say that a provider cannot take down something that is 
malicious or offensive or otherwise violates their service contracts. If 
a third party brings a specific instance to their attention then sure, 
the provider can take it down or disable the entire service instance or 
whatever their terms of service stipulate. What they can't do is police 
the service, not without risking the loss of their common carrier status.

-- 
Rich P.