Bob,

I don't understand this point: "Our laws concerning liability for criminal behavior committed on the internet currently exclude the ISP's or websites involved when the content in question is not generated by the ISP or the website host."

If eBay's system is totally dependent on a user's feedback, then eBay, as "broker", is accountable for the user's comments, as "agents", since they are generated by the ISP or website host by proxy (or at minimum, overseen)? It seems that an ISP or website host is granting everyone a Specific Power of Attorney to act on their behalf... even with a Hold Harmless clause, the ultimate accountability must fall on the ISP or website host... me thinks.