Re: UK ISPs v. US ISPs (was RE: Network Level Content Blocking)

[John Levine <johnl () iecc com>]

> So, although it should be noted that by and large ISPs have resisted
> being classified telecommunications common carriers as specifically
> defined in CA1934 they seem to be treated by the law, in practice, as
> common carriers in the common law sense ...

You're right, but the legal setup is flipped around.  For a common
carrier of whatever variety, the assumption is that they're not
responsible for the contents of what they carry, and there's
exceptions for obviously dangerous goods, warrants, etc.  For ISPs,
the assumption is that they're just normal businesses, and there's
laws like the CDA that give immunity for various kinds of customer
material.

R's,
John

PS:

> It's a very important if somewhat confusing distinction. It'd be a lot
> easier if we could come up with separate terms for common law common
> carrier versis CA1934 telecommunications common carrier.

Agreed.