Date: Thu, 29 Feb 1996 17:12:35 -0800 (PST) From: Michael Dillon <michael@memra.com> To: invalid opcode <coredump@nervosa.com> Cc: freebsd-isp@freebsd.org Subject: Re: the following is from cu-digest Message-ID: <Pine.LNX.3.91.960229165910.376H-100000@okjunc.junction.net> In-Reply-To: <Pine.BSF.3.91.960229144943.26195F-100000@nervosa.com>
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On Thu, 29 Feb 1996, invalid opcode wrote: > Patrick Townson Seems to be missing an important point here. ISPs > are not Newspapers. They are not even Content providers. They are > Common Carriers. Bull! In both your country and mine, common carriers are defined by legislation and ISP's are not included. Common carriers are subject to various stringent government regulations in order to maintain that status. I have never heard of any ISP in Canada or the USA, not even the telco ones, who has claimed common carrier status. This is a polite fiction of wannabe revolutionaries who think that by imagining the government doesn't exist that they are protected from its wrath. In other words, this is insanity. Trust me, you do *NOT* want to be a common carrier. There are more legal restrictions and requirements than there are benefits. > As soon as an ISP starts deciding who and what they > will carry, they make themselves liable for everything that > originates, or passes through their system. Giving legal advice again? If I go to jail because I follow your advice, will you join me in my cell? Don't take legal advice from invalid opcodes that generate nervous coredumps. Talk to a lawyer. Ask them what the courts would expect a "reasonable man" to do in such situations. > One of the major On line providers (Prodigy, I think) was FOUND You think, huh? Is this the kind of rock solid base that your advice is built on? > for common carriers, He can not simply block a certain group, or > person because he finds their politics or ideology offensive. This > is not a cop out. THIS IS THE LAW! It may be something of a law for common carriers like the telco but it does not apply to ISP's. Even the telco's have some leeway to refuse service. Check your phone company tariffs for details. > Keep talking Mr. Townson. Just because I find your blatant > disregard for the first amendment offensive, If I were your ISP, I > would not prohibit you from using my service, nor would I refuse to > propagate any messages of yours that passed through my system. Sheesh! Not another American who has no idea what their own Bill of Rights says! For your info, the first ammendment starts out "Congress shall make no law..." and is a restricion on Federal government powers. The courts have extended this to restrict state government powers (and I believe municipal governments as well). It means the government cannot unreasonably restrict your rights to free speech, but it has no bearing whatsoever on private individuals or non-governmental organizations such as TV stations, newspapers and ISP's. A private business can restrict people's free speech as much as they want. Michael Dillon Voice: +1-604-546-8022 Memra Software Inc. Fax: +1-604-546-3049 http://www.memra.com E-mail: michael@memra.com
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