[12208] in Commercialization & Privatization of the Internet
Re: "Arizona Lawyers Form Company..."
daemon@ATHENA.MIT.EDU (Glenn S. Tenney)
Mon May 9 16:02:55 1994
Date: Mon, 9 May 1994 10:29:05 -0800
To: "Rob Raisch, The Internet Company" <raisch@internet.com>
From: tenney@netcom.com (Glenn S. Tenney)
Cc: com-priv@psi.com
At 6:27 AM 5/9/94 -0700, Rob Raisch, The Internet Company wrote:
>Glenn, every CIX member has an AUP which dictates what traffic they will
>or will not carry. NEARnet, for their members at least, will refuse to
>carry you if you mail unsolicited adverts. Can it be far in the future
>where that becomes inward as well as outward?
My point was: What happens if C&S pay the $10,000 to become a CIX *MEMBER*
themselves?
They do NOT have to have such terms in their own AUP. Their AUP might say
that all users should send advertising everywhere. PLUS, the CIX
membership agreement says that other members can NOT preclude routing of
another members' packets. Therefore, if C&S were a CIX member, their
packets would be required by contract to be routed around the world. I
should think that they would have a hell of a suit if any other CIX member
tried to block their packets in, out, or through.
>As far as a common carrier goes, even they must be able to run machines
>on the network, no?
But of course... But I believe that very few CIX members today would pass
the 'common carrier' test. If they have an AUP that mentions content /
behavior (other than illegalities) in any way, then they are clearly not a
common carrier. But, the few (two or three I'd guess) that might be
common carriers could still end up in deep pooh-pooh if C&S used them to
junk post everywhere --- those ISPs would be inundated with mail bombs
beyond belief and that would cost them in personnel and bandwidth.
---
Glenn Tenney
tenney@netcom.com Amateur radio: AA6ER
(415) 574-3420 Fax: (415) 574-0546
