Fourth Circuit Reaffirms Broad ISP Safe-Harbor. Howard repor0ts on a recent ruling of the Fourth Circuit here. In it, the court extends the holding of Religious Technology Center v. Netcom On-Line Communications Services, Inc., 907 F. Supp. 1361 (N.D. Cal. 1995), to find no ISP liability for passive hosting of copyrighted photographs, even if the ISP fails to qualify under the safe-harbor provisions of the DMCA.