EFF Call for sign-ons: ISPs, networking companies and engineers opposed to FCC privacy repeal

Mark Radabaugh mark at amplex.net
Wed Mar 29 21:13:59 UTC 2017

> On Mar 29, 2017, at 4:52 PM, Valdis.Kletnieks at vt.edu wrote:
> On Wed, 29 Mar 2017 16:02:45 -0400, Mark Radabaugh said:
>> And there you have much of the problem with this privacy bill.
> Hate to break it to you, but most of the gripes you have here are things
> you really *want* to do - they're things that reduce your personal liability
> and/or chance of ending up in prison. Just because you seem to be anti-regulation
> doesn't rule out the existence of regulations that are actually there to *help*
> you run your business.
>> Incorporate your business
> That's usually a given for *any* business unless you want to be sued to
> your skivvies...
>> Obtain Liability, Workers Comp, Unemployment, Auto Insurance
> Ditto.
>> Obtain bandwidth and IP, fill out your ARIN information.
> You're gonna need to do that no matter how anti-regulation you are.
>> Pay the lawyer to write your “Terms of Service” so that you have at least some chance of surviving the lawsuits
> Or you can gamble on the lawsuits you'll get if you have an abusive customer
> who doesn't want you to cut them off.
>> Implement your CALEA plan and file that paperwork with the FBI so they can find you
>> Register with the Copyright office so that you can deal with DMCA notices.
>> Establish your copyright policy and procedures.  Have your lawyer review it.
>> Make sure you comply with 18 USC 2258A regarding reporting and registration for kiddie porn, train your employees
> Again, would you rather follow these requirements, or deal with the
> consequences of not following them?  I'd recommend you make sure you
> have your safe harbors mapped out.


You miss my point.  One of the major reasons you have a limited number of ISP’s to choose from is that it’s not that simple to start an ISP.  There is a lot of regulation and cost involved, much of which is essentially nonsense regulation that has very little application to a small provider, yet can results in significant fines from regulators for doing nothing other than failing to file a annual certification.

Did Congress go a bit too far in the CRA?  Probably - but at the same time the FCC went way too far with the regulation.


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