No, the analogy you are making is off-base. Its like suing the owners of a toll highway because someone who refused to learn how to drive rearends someone and causes 20 car pileup. You don't hold a transport provider accountable for the actions of transport users when it is negligence of those users causing problems. Perhaps we ought to be fining users who cause network impact after failing to do their due diligence (i.e., no patching, no AV software, no firewall = negligence = liability).

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