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Re: EFF Call for sign-ons: ISPs, networking companies and engineers opposed to FCC privacy repeal


From: Mark Radabaugh <mark () amplex net>
Date: Wed, 29 Mar 2017 17:13:59 -0400



On Mar 29, 2017, at 4:52 PM, Valdis.Kletnieks () vt edu wrote:

On Wed, 29 Mar 2017 16:02:45 -0400, Mark Radabaugh said:

And there you have much of the problem with this privacy bill.

Hate to break it to you, but most of the gripes you have here are things
you really *want* to do - they're things that reduce your personal liability
and/or chance of ending up in prison. Just because you seem to be anti-regulation
doesn't rule out the existence of regulations that are actually there to *help*
you run your business.

Incorporate your business

That's usually a given for *any* business unless you want to be sued to
your skivvies...

Obtain Liability, Workers Comp, Unemployment, Auto Insurance

Ditto.

Obtain bandwidth and IP, fill out your ARIN information.

You're gonna need to do that no matter how anti-regulation you are.

Pay the lawyer to write your “Terms of Service” so that you have at least some chance of surviving the lawsuits

Or you can gamble on the lawsuits you'll get if you have an abusive customer
who doesn't want you to cut them off.

Implement your CALEA plan and file that paperwork with the FBI so they can find you
Register with the Copyright office so that you can deal with DMCA notices.
Establish your copyright policy and procedures.  Have your lawyer review it.
Make sure you comply with 18 USC 2258A regarding reporting and registration for kiddie porn, train your employees

Again, would you rather follow these requirements, or deal with the
consequences of not following them?  I'd recommend you make sure you
have your safe harbors mapped out.


Valdis,

You miss my point.  One of the major reasons you have a limited number of ISP’s to choose from is that it’s not that 
simple to start an ISP.  There is a lot of regulation and cost involved, much of which is essentially nonsense 
regulation that has very little application to a small provider, yet can results in significant fines from regulators 
for doing nothing other than failing to file a annual certification.

Did Congress go a bit too far in the CRA?  Probably - but at the same time the FCC went way too far with the regulation.

Mark

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