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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Re: State Super-DMCA Too True
Thus spake "Kuhtz, Christian" <[email protected]> > > From: Stephen Sprunk [mailto:[email protected]] > [..] > > Common carrier status exists for this very reason. Unfortunately, it > > probably means we'll have to stop filtering things like spam and DoS, > > since filtering on content inherently violates common carrier protection > > -- see the smut suit against AOL a few years ago. > > Come on, don't go lumping DoS and smut into the same basket. > You can't be possibly serious about considering the two to be equals. Okay, I'll admit filtering DoS will probably survive given it's a problem for the carrier, not just the customer. But my original point is that as long as ISPs do not examine the contents of a customer's packets, they cannot be held liable for what's in them. Content filtering, whether for smut, spam, or piracy, is a serious argument against ISPs claiming common carrier status. > In other words, you reasoning is quite flawed the way I see it, and > blocking DoS is indeed legitimate and legally supportable. Excesses > are rarely protected by any legal statutes. To the extent a customer attacks or defrauds the carrier itself, protection measures are allowed. But you cannot "protect" the public at large without a court order to do so. S Stephen Sprunk "God does not play dice." --Albert Einstein CCIE #3723 "God is an inveterate gambler, and He throws the K5SSS dice at every possible opportunity." --Stephen Hawking
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