nanog mailing list archives

Re: Eat this RIAA (or, the war has begun?) - Why not all ISPs?


From: "Pawlukiewicz Jane" <pawlukiewicz_jane () bah com>
Date: Thu, 22 Aug 2002 15:48:26 -0400


Hi Paul

Paul Wouters wrote:

On Thu, 22 Aug 2002, David Schwartz wrote:

      As far as I know, yes, any company can refuse to do business with any
individual or company with very few exceptions.

No. Only if ISP's would call under the common carrier principle. And it
seems the world is trying its very best not to grant them that.
You can't have the cake and eat it too. If common carrier principle is not
valid, you can refuse someone's traffic, as long as you're not violating
another law (eg anti-discriminatory laws).

I am confused by what you just said. The common carrier principle does
not apply here. AT least, the last time I checked no internet companies
were considered under that principle. The reason, I believe, is that the
internet is still not considered a necessity. Unless i misunderstand
what you're referencing. Antitrust laws definitely do, however. IANAL
either, but collusion is collusion. 

So you can probably tell RIA "we no longer carry your traffic for no reason",
but you can't deny someone because they're a black pregnant lesbian Mormon.

Paul


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