What can ISPs do better? Removing racism out of internet

Wed Aug 7 14:50:19 UTC 2019

FYI, Bloomberg BusinessWeek published TODAY a 3,200-word article by Felix Gillette entitled

"Section 230 Was Supposed to Make the Internet a Better Place. It Failed"
https://www.bloomberg.com/news/features/2019-08-07/section-230-was-supposed-to-make-the-internet-a-better-place-it-failed

Tony Patti
[SW_logo_HighRes]<http://www.swalter.com/>
CIO

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-----Original Message-----
From: NANOG <nanog-bounces at nanog.org> On Behalf Of Mel Beckman
Sent: Tuesday, August 6, 2019 11:36 PM
To: John Levine <johnl at iecc.com>
Cc: nanog at nanog.org
Subject: Re: What can ISPs do better? Removing racism out of internet

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<mailto:johnl at iecc.com>> wrote:

>

> In article <6956E76B-E6B7-409F-A636-C7607BFD881C at beckman.org<mailto: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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