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The phone company has never been sued, not once, because their phone system "enabled" some crooks to make plans to carry out a crime. That is the exact analogy with an ISP. The folks in political office and in media companies who believe it is the role of a communications provider -- telephone, cellphone, Internet -- to hand over customer lists and proof of "activity" are not just undemocratic, they are lazy.
Wiretaps are illegal, except in extreme cases, pre-authorised by courts. Holding an ISP accountable for the behaviours of a user is ridiculous. Automotive companies are not held responsible if a driver runs over a pedestrian; Bed and Bath is not sued if someone smothers her spouse with pillow. For once, a court ruled on the side of sanity.
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