[51295] in North American Network Operators' Group
Re: Eat this RIAA (or, the war has begun?) - Why not all ISPs?
daemon@ATHENA.MIT.EDU (Pawlukiewicz Jane)
Thu Aug 22 15:55:39 2002
Date: Thu, 22 Aug 2002 15:48:26 -0400
From: "Pawlukiewicz Jane" <pawlukiewicz_jane@bah.com>
To: Paul Wouters <paul@xtdnet.nl>
Cc: David Schwartz <davids@webmaster.com>, rhealey@onvoy.com,
nanog@merit.edu
Errors-To: owner-nanog-outgoing@merit.edu
Hi Paul
Paul Wouters wrote:
>
> On Thu, 22 Aug 2002, David Schwartz wrote:
>
> > As far as I know, yes, any company can refuse to do business with any
> > individual or company with very few exceptions.
>
> No. Only if ISP's would call under the common carrier principle. And it
> seems the world is trying its very best not to grant them that.
> You can't have the cake and eat it too. If common carrier principle is not
> valid, you can refuse someone's traffic, as long as you're not violating
> another law (eg anti-discriminatory laws).
I am confused by what you just said. The common carrier principle does
not apply here. AT least, the last time I checked no internet companies
were considered under that principle. The reason, I believe, is that the
internet is still not considered a necessity. Unless i misunderstand
what you're referencing. Antitrust laws definitely do, however. IANAL
either, but collusion is collusion.
>
> So you can probably tell RIA "we no longer carry your traffic for no reason",
> but you can't deny someone because they're a black pregnant lesbian Mormon.
>
> Paul
