One of the problems with catching perpetrators of unlawful misconduct is the short time frame that websites, ISPs, hosts and the like use in maintaining log files. As an Internet Lawyer we support requiring the maintenance of IP addresses and activity records for at least two years. US Senate Bill 436 and House Bill 1076 propose a requirement along these lines.
Since an Internet lawyer can be on both sides of this issue, it is worth noting that we support this bill, and we'll be encouraging Congress to establish this records maintenance as a requirement for businesses if they want to use the immunity provisions of the Communications Decency Act (Section 230) if there are efforts made to amend the act to extend its application.
In other news, a California court has found that Section 230 immunity does not apply when actual notice of trademark infringement was received by the web host of a site alleged to be infringing on a company's trademark. This is good news for the pro-business Internet Lawyer as Courts continue to cut into Section 230 immunity, recognizing that it is a threat to the property rights and good name and reputation of online and offline members of society.
Its days of providing a cover for unlawful and illegal behavior are coming to an end. It may be quick and sure, or it may be slow and painful, but this law is destined to be shelved for a more balanced and appropriate solution. And when that happens, the web will be a much better place.