FCC releases Open Internet document

Lamar Owen lowen at pari.edu
Thu Mar 12 19:25:00 UTC 2015

On 03/12/2015 02:02 PM, Rob McEwen wrote:
> On 3/12/2015 1:30 PM, William Kenny wrote:
>> 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.

I think the issue is adequately addressed by the R&O's paragraph 222 and 
its neighbors, with footnotes 571, 572, and 573 elucidating.  The short 
version: the FCC is not going to rigidly define this and leave it up to 
the providers, but they will address it on a case-by-case basis if need 
be.  At least that was my takeaway.

> 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?)
It would seem, but I am not a lawyer, that perhaps it would.  It's not 
directly addressed in the portions of the R&O that I've read thus far, 
and that specific paragraph is not cited that I could find.  A Good 
Samaritan law, in 47 USC..... fun stuff.

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