With the growing popularity of 
  the Internet, the business of being an ISP is becoming more and more onerous. 
  ISP s in India  today provide services to the Consumers and are covered 
  by  the Consumer Protection Act. Their services should therefore be as 
  per the agreed terms failing which they are liable to compensate the consumer 
  for any loss or damage suffered by them.
  Unfortunately, the ISP s are 
  today oblivious of their responsibilities to its consumers and are taking 
  advantage of the ignorance in the market place. If only, the legal 
  professionals who are well-versed in Consumer interest litigation also acquire 
  some knowledge of the Cyber World and the Cyber Laws, there may be many 
  opportunities for them to hoist cases against erring ISP s so that the service 
  levels can improve.
  One of the recent examples of 
  such an attitude is the arbitrary manner in which some ISP s (e.g.: Dishnet 
  DSL, Chennai) have decided to tackle the problem of virus in the mails. Some 
  time during the last month, the Dishnet servers were affected ostensibly by 
  the virus movement in the mails going through the mail servers. The service 
  was shut down and was  un available for a long time and the customers 
  were not able to send any mails through the server. The Company did not think 
  it was necessary to inform the customers about the break in service. Many of 
  the customers observed that their outward mails were either not delivered at 
  all or was delivered after a day's delay. 
  This problem of delayed 
  despatch of the mails continued for more than a week and the undersigned lost  
  his articles sent to a news paper for publication since they were delayed 
  beyond the deadlines for publication.
  On enquiry, it was found that the ISP had been picking the 
  mails and quarantining in a separate place, running it through a virus scan 
  and then releasing it out....much the same way the airport authorities deal 
  with unclaimed baggage suspected to contain explosives.
  However considering the criticality of the e-mail as a 
  service, it was clear that the ISP was exposing itself to a risk of being 
  hauled up to pay damages to the customers for not delivering the mails on time 
  and compounding it further by not keeping the customers informed about the 
  problem. Had it been a legal system like USA, several suits would have now 
  been filed against the ISP.
  Recently the ISP seems to have  introduced a content 
  filtering system which filters out the e-mails that are suspected to contain 
  viruses. The fact that a message ahs been filtered out is being sent to the 
  customers but without adequate information.
  It also appears that the filtering software can send false 
  alarms filtering out messages which  may not contain virus. The company 
  has no system of advising the customer of the type of virus that was 
  identified because of which the content was filtered out.
  Considering that deliberate distribution of virus is a 
  legal offence in India and most of the observed instances are from users who 
  have not  detected a virus or who themselves are a victim of virus 
  infection from outside, Dishnet appears to be taking law into their own hands 
  by resorting to un announced content filtration. If Dishnet is to be of 
  service to its customers, it should stop at protecting itself and sending 
  virus alerts to the sender with full information about the type of virus 
  detected.
  In case, Dishnet continues to arbitrarily exercise Content 
  filtering as they seem to be doing now, Cyber Lawyers in Chennai  may 
  soon find an excellent business opportunity  in claiming damages from 
  Dishnet on behalf of its clients.
  Naavi 
January 16, 2002.