FCC releases Open Internet document
rob at invaluement.com
Thu Mar 12 18:02:00 UTC 2015
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?)
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