nanog mailing list archives
Re: What can ISPs do better? Removing racism out of internet
From: "Anne P. Mitchell, Esq." <amitchell () isipp com>
Date: Mon, 5 Aug 2019 10:28:38 -0600
I’m not sure if you understand the terms under which ISPs operate as “common carriers”, and thus enjoy immunity from lawsuits due to the acts of their customers. ISPs such as Cloudfare can no more disconnect customers for legal, if offensive, content than the phone company can, without losing that common carrier status. Cloudfare is being foolish, and hypocritical. They freely, for example, carry the equally offensive content of Antifa. Are they going to cut them off too? In America we have the right to free speech, and the right to use common carriers to carry that speech. If a common carrier chooses to censor legal speech, which is what Cloudfare has done, then it loses its CC status and can now be sued for that speech. -mel beckman
ISPs are not common carriers, and, in fact, they have the right to carry - or to not carry - whatever traffic they choose. In fact, for some aspects of Internet traffic, ISP immunity is specifically written into the law (cf. CAN-SPAM §8(c) which states that "(c) No EFFECT ON POLICIES OF PROVIDERS OF INTERNET ACCESS SERVICE.--Nothing in this Act shall be construed to have any effecton the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route,relay, handle, or store certain types of electronic mail messages."). Anne P. Mitchell, Attorney at Law CEO/President, Institute for Social Internet Public Policy Dean of Cybersecurity & Cyberlaw, Lincoln Law School of San Jose Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) Legislative Consultant GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant Board of Directors, Denver Internet Exchange Board of Directors, Asilomar Microcomputer Workshop Legal Counsel: The CyberGreen Institute Former Counsel: Mail Abuse Prevention System (MAPS) Member: California Bar Association
Current thread:
- Re: the CLOUD Act (was What can ISPs do better? Removing racism out of internet), (continued)
- Re: the CLOUD Act (was What can ISPs do better? Removing racism out of internet) Anne P. Mitchell, Esq. (Aug 06)
- RE: the CLOUD Act (was What can ISPs do better? Removing racism out of internet) Keith Medcalf (Aug 06)
- Re: the CLOUD Act (was What can ISPs do better? Removing racism out of internet) Valdis Klētnieks (Aug 06)
- RE: the CLOUD Act (was What can ISPs do better? Removing racism out of internet) Keith Medcalf (Aug 06)
- Re: the CLOUD Act (was What can ISPs do better? Removing racism out of internet) Mel Beckman (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet Rob McEwen (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet bzs (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet Dan Hollis (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet bzs (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet Mel Beckman (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet Anne P. Mitchell, Esq. (Aug 05)
- Re: What can ISPs do better? Removing racism out of internet bzs (Aug 05)
- Re: What can ISPs do better? Removing racism out of internet Anne P. Mitchell, Esq. (Aug 05)
- Re: What can ISPs do better? Removing racism out of internet Sabri Berisha (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet John Levine (Aug 06)
- Re: What can ISPs do better? Removing racism out of internet Mel Beckman (Aug 06)
- RE: What can ISPs do better? Removing racism out of internet Tony Patti (Aug 07)
- Re: What can ISPs do better? Removing racism out of internet Rob McEwen (Aug 07)
- Re: What can ISPs do better? Removing racism out of internet bzs (Aug 07)
- RE: What can ISPs do better? Removing racism out of internet Keith Medcalf (Aug 07)
- RE: What can ISPs do better? Removing racism out of internet bzs (Aug 07)