What can ISPs do better? Removing racism out of internet

Mel Beckman mel at beckman.org
Wed Aug 7 03:36:03 UTC 2019


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 at iecc.com> wrote:
> 
> In article <6956E76B-E6B7-409F-A636-C7607BFD881C at 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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