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

Fri Apr 26 17:57:04 UTC 2019

Anne,

As a lawyer, I’m sure you realize those overly broad policies are unenforceable on their face. Phrases such as “resell...directly or indirectly” could just as easily be interpreted to mean you can’t perform paid consulting work by email over a residential link — something patently ridiculous. 

Can you cite any case law where these restrictions have been enforced? I believe if a case every cane to court, the defense would have an excellent argument that the plain meaning of these restrictions is to prevent others from buying direct Internet access from another communications channel (e.g., WiFi) from the residence, not passing data through the residence. 

-mel via cell

> On Apr 26, 2019, at 8:48 AM, Anne P. Mitchell, Esq. <amitchell at isipp.com> wrote:
> 
> 
> 
>> On Apr 26, 2019, at 9:24 AM, Mel Beckman <mel at beckman.org> wrote:
>> 
>> With all due respect, you haven’t yet cited an example of an ISP TOS at “every provider” that this new company’s product violates. I’m not asking you to critique TORs, I’m asking that you tell us the TOS restriction that you believe is so obvious to everyone? Because it’s not obvious to me, and I own an ISP. 
> 
> A few examples:
> 
> Comcast:
> 
> You are prohibited from reselling or permitting another to resell the Service(s) in whole or in part, or using or permitting another to use the Xfinity Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any policy we post applicable to the Service(s).
> 
> https://www.xfinity.com/Corporate/Customers/Policies/SubscriberAgreement
> 
> ---
> 
> CenturyLink:
> 
> Also, you agree not to use the Service for high volume or excessive use, in a business or for any commercial purpose if your Service is a residential service, or in a way that impacts CenturyLink network resources or CenturyLink’s ability to provide services. You agree not to: (i) offer public information services (unlimited usage or otherwise), or (ii) permit more than one high-speed Internet log-on session to be active at one time, except if using a roaming account when traveling, in which case 2 sessions may be active. A log-on session represents an active connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment complex) to your modem and/or router to access the Service (including the establishment of a wireless fidelity (“WiFi”) hotspot), but the Service may only be used at the single home or office location or single unit within a multiple dwelling unit for which Service is provisioned by CenturyLink.
> 
> http://www.centurylink.com/legal/en/highspeedinternetsubscriberagreement_LQ.html
> 
> ---
> 
> Google:
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> you agree not to use or allow third parties to use the Services provided to you for any of the following purposes:
> 
> ...
> 
>    • To make the Services available to anyone outside the property to which the Services are delivered, to resell the Services directly or indirectly, except as explicitly approved by Google Fiber in writing, or to create substitute or related services through the use of or access to the Services (for example, to provide Wi-Fi services to third parties outside of your residence).
> 
> https://fiber.google.com/legal/accepteduse/residential/
> 
> ---
> 
> Anne
> 
> 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
> Former Counsel: Mail Abuse Prevention System (MAPS
> California Bar Association
> Cal. Bar Cyberspace Law Committee
> Colorado Cyber Committee
> Ret. Professor of Law, Lincoln Law School of San Jose
> 
> 
> 
> 