[178508] in North American Network Operators' Group
Re: What is lawful content? [was VZ...]
daemon@ATHENA.MIT.EDU (Owen DeLong)
Fri Feb 27 23:31:27 2015
X-Original-To: nanog@nanog.org
From: Owen DeLong <owen@delong.com>
In-Reply-To: <CAORNjypRy0txg-=p-xhuc65nj7nZYOauo8SzkGHWxee-HSw+eQ@mail.gmail.com>
Date: Fri, 27 Feb 2015 20:27:46 -0800
To: Jim Richardson <weaselkeeper@gmail.com>
Cc: NANOG list <nanog@nanog.org>
Errors-To: nanog-bounces@nanog.org
> On Feb 27, 2015, at 16:09 , Jim Richardson <weaselkeeper@gmail.com> =
wrote:
>=20
> On Fri, Feb 27, 2015 at 3:28 PM, Patrick W. Gilmore =
<patrick@ianai.net> wrote:
>> Again, well settled.
>>=20
>> It is where the end user is viewing the content _and_ where the =
content is served. If a CDN, then each node which serves the traffic =
must be in a place where it is legal. There are CDNs which do not serve =
all customers from all nodes for exactly this reason.
>=20
> Does this mean that viewing say, cartoons of mohammed, may or may not
> be 'illegal' for me to do, and result in my ISP being forced to block
> traffic, depending on what origin and route they take to get to me?
>=20
> Are we going to have the fedgov trying to enforce other country's
> censorship laws on us?
This is absurd.
The source server is under the jurisdiction of the sovereigns in that =
location. Any enforcement of their laws upon the source server is =
carried out at the source by them.
The recipient client is under the jurisdictions of the sovereigns in =
that location. Any enforcement of their laws upon the recipient is =
carried out there by them.
In the case of a US ISP, their local jurisdiction should (though I =
haven=E2=80=99t read the detailed rules yet) be pre-empted from content =
based interference by the federal preemption rules and the applicability =
of Title II. Federal law would still, however, apply, and so an ISP =
would not be allowed to route traffic to/from a site which they have =
been notified through proper due process is violating US law.
Beyond the borders of the US, the FCC has little or no ability to =
enforce anything.
Owen
