[54709] in North American Network Operators' Group

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Re: NYT on Thing.net (fwd)

daemon@ATHENA.MIT.EDU (Miles Fidelman)
Tue Jan 14 06:26:23 2003

Date: Tue, 14 Jan 2003 06:25:51 -0500 (EST)
From: Miles Fidelman <mfidelman@civicnet.org>
To: <nanog@merit.edu>
In-Reply-To: <Pine.LNX.4.44.0301141143320.20904-100000@expansionpack.xtdnet.nl>
Errors-To: owner-nanog-outgoing@merit.edu


On Tue, 14 Jan 2003, Paul Wouters wrote:

> > This is exactly why ISP's should not be allowed to have these "we will
> > disconnect you at our sole discretion" clauses.
>
> You can't forbid them. Private enterprises have (and should have) every
> right to manage their own business as they want. Just as it would be both

That's not true at all - private enterprises are subject to a myriad of
laws and regulations.

This is why ISPs should be treated as common carriers - just like telcos.
The primary characteristic of common carriers is that they HAVE TO serve
all customers except under very tightly controlled circumstance, like a
court order against on obscene caller.  Everyone is protected - the telcos
can't tell you who you can and can't call or what you can say on a phone
conversation, and at the same time the telcos are not liable for what you
say.  Common carrier status is typically associated with heavy regulation,
but it need not be.



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