Will ISPs in Filtering Trials be in Breach of Contract?

Apparently the Federal Government is calling for expressions of interest to participate in a trial to filter internet feeds.  This appears to raise a question of whether the ISPs will be in breach of their agreements to their subscribers.  If an ISP suddenly dropped your traffic (say to a false positive filter) would you have a right to sue?

I wonder whether anyone has reviewed their contracts in anticipation of the trial.  Are there any legislated liability outs for ISPs who participate?


1 Response to “Will ISPs in Filtering Trials be in Breach of Contract?”

  1. 1 Paul "TBBle" Hampson 17 November 2008 at 9:33 am

    I’m pretty sure they’ve said there will be legislative protection for ISPs who block a site based on the ACMA blacklist. I don’t recall if the trial includes such a protection, but I _think_ it does.

    The trial documents would list one if they do… I scanned them last week but was more interested in other things.

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