Re: FCC releases Open Internet document

[Rob McEwen <rob () invaluement com>]

On 3/12/2015 1:30 PM, William Kenny wrote:
> NO BLOCKING:
> A person engaged in the provision of broadband Internet access service,
> insofar as such person is so engaged, shall not block lawful content,
> applications, services, or nonharmful devices, subject to reasonable
> network management.

The document (if I read it correctly) states that "reasonable network 
management" includes spam filtering.... (yeah!)

However, in spite of that... it seems to give the MISTAKEN impression that:

(1) ALL spam is ALWAYS... NOT-lawful content
(2) ALL lawful content is NEVER spam.

(again, I'm not saying the document says this directly... only that it 
seems to give that impression at times!)

But, in fact, there is actually MUCH spam that is 100% legal,  but also 
100% unsolicited/undesired and therefore frequently blocked by spam 
filters, and rightly so. I just hope that nobody argues in a court of 
law that their exceptions for spam filtering only applies to UNLAWFUL 
spam!!! THAT would be a DISASTER!!!

Nevertheless, in such a circumstance, 47 USC 230(c)(2) should prevail 
and trump any such interpretation of this!

(If anyone thinks that 47 USC 230(c)(2) might not prevail over such an 
interpretation, please let me know... and let me know why?)

--
Rob McEwen