I find this article interesting for several reasons:
- first the notion of public and private: yes, the internet blurred the distinction; Facebook is an excellent example where private matters become public without people realising the implications in legal terms
- second, the role of ISPs as contents providers rather than providing a telecommunication service
all that has indirect consequences for cybercrime http://www.techdirt.com/articles/20071203/095531.shtml (3rd December 2007)
and http://www.techdirt.com/articles/20071130/005506.shtml (30th November 2007)

versus ISPs just facilitators: " Citizen Journalism Site Sued Over Content Posted By User" http://www.techdirt.com/articles/20071127/224002.shtml (29 November 2007)