nanog mailing list archives

Re: What can ISPs do better? Removing racism out of internet


From: Mel Beckman <mel () beckman org>
Date: Wed, 7 Aug 2019 03:36:03 +0000

John,

Please reread my comments. I did not say “carriers” and specifically excluded the FCC’s definition. I said “Common 
Carriers”, as defined by Common Law. The DMCA asserts that they must operate as CCs under this definition: in order to 
get protection under Safe Harbor they must function as a “passive conduit” of information.  

-mel via cell

On Aug 6, 2019, at 7:36 PM, John Levine <johnl () iecc com> wrote:

In article <6956E76B-E6B7-409F-A636-C7607BFD881C () beckman org> you write:
Mehmet,

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 in the U.S. are not carriers and never have been.  Even the ISPs
that are subsidaries of telcos, which are common carriers for their
telco operations, are not common carriers for their ISPs.

This should not come as surprise to anyone who's spent 15 minutes
looking at the relevant law.

ISPs are probably protected by 47 USC 230(c)(1) but all of the case
law I know is related to web sites or hosting providers.



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