nanog mailing list archives

Re: Packetstream - how does this not violate just about every provider's ToS?


From: Mark Seiden <mis () seiden com>
Date: Thu, 25 Apr 2019 09:10:34 -0700

feeling cranky, are we, job?   (accusing an antispam expert of spamming on a mailing list by having too long a .sig?)
but it’s true!  anne runs the internet, and the rest of us (except for ICANN GAC representatives) all accept that.

to actually try to make a more substantial point, i am quite curious how the AUPs of carriers try to disallow bandwidth 
resale while permitting

• cybercafe operations and other “free wifi" (where internet service might be provided for patrons in a hotel or cafe)
• wireless access point schemes where you make money or get credit for allowing use of your bandwidth (e.g. Fon)
• other proxy services that use bandwidth such as tor exit nodes and openvpn gateways

i suppose they could just try to disallow resale or allow on-premises use even if revenue is received.  the Fon 
business model seems pretty comparable to me.
On Apr 24, 2019, 10:51 PM -0700, Job Snijders <job () instituut net>, wrote:
Dear Anne,

On Wed, Apr 24, 2019 at 11:07:51PM -0600, Anne P. Mitchell, Esq. wrote:
How can this not be a violation of the ToS of just about every major provider?

Can you perhaps cite ToS excerpts from one or more major providers to
support your assertion?

Anne P. Mitchell,
Attorney at Law
GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Legislative Consultant
CEO/President, Institute for Social Internet Public Policy
Board of Directors, Denver Internet Exchange
Board of Directors, Asilomar Microcomputer Workshop
Legal Counsel: The CyberGreen Institute
Legal Counsel: The Earth Law Center
California Bar Association
Cal. Bar Cyberspace Law Committee
Colorado Cyber Committee
Ret. Professor of Law, Lincoln Law School of San Jose
Ret. Chair, Asilomar Microcomputer Workshop

Are you listing all the above because you are presenting a formal
position supported by all these organisations about ToS? Can you for
instance clarify how signing of as a director for the Denver Internet
Exchange shapes the context of your ToS message?

Or, perhaps you are listing the above for some kind of self-marketing
purposes? If that is the case, please note that it is fairly uncommon to
use the NANOG mailing list to distribute resumes. I know numerous
websites dedicated to the dissemination of work histories, perhaps you
can use those instead of operational mailling list?

Regards,

Job

ps. RFC 3676 section 4.3

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