On Tue, 06 Aug 2019 02:27:30 -0000, Mel Beckman said: > A CDN is very much an ISP. It is providing transport for its customers from > arbitrary Internet destinations, to the customerâs content. The caching > done by > a CDN is incidental to this transport, in accordance with the DMCA.
Just because the DMCA says it's incidental doesn't mean that covers all bases. Go read up on the mess that covers warrants for e-mail contents - the rules are different for on-the-wire intercepts, mail that's in the queue and not delivered to a mailbox yet, mail that's been delivered to a mailbox and not read, and mail that's been read by the user and left in the mailbox, and mail that the user has read and downloaded to their personal computer. Anybody who thinks "DMCA says we have a safe harbor" is the be-all and end-all of it is in for a rude awakening. And if you have an NSL show up on your desk, you're in for a whole different world of hurt - even finding and hiring a lawyer can be a problem when you can't tell the lawyer you have an NSL problem until after you've hired them to help with your NSL problem. But I guarantee that if you tell the person handing you the NSL "DMCA says I have a safe harbor, get out of my office", your day will get even worse.
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