[472] in Commercialization & Privatization of the Internet

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Re: ANS Acceptable Use Policy

daemon@ATHENA.MIT.EDU (Joe Ragland)
Fri Mar 29 04:52:36 1991

Date: Thu, 28 Mar 91 23:07:11 -0500
From: Joe Ragland <jrr@concert.net>
To: emv@ox.com
Cc: bzs@world.std.com, com-priv@psi.com

Edward Vielmetti says:

> > 4. ANS networks must not be used to transmit any
> >    communication where the meaning of the message, or its
> >    transmission or distribution, would violate any
> >    applicable law or regulation or would likely be highly
> >    offensive to the recipient or recipients thereof.
> 
> I find this regulation somewhat disturbing, esp. the question of
> what is "highly offensive".  How (pray tell) am I supposed to know
> when my electronic speech is offensive, especially in the circumstances
> where the target audience of that speech (e.g. this mailing list) is
> very diffuse?  For all I know this very message could be construed
> as highly offensive to the people at ANS...

Well, the policy document for CONCERT says nothing about commercial use
(intentionally) but does address the above subject.  The total statement on 
network use is as follows:

      IX. Network Use Policy

        The CONCERT Network supports  use policies in  accordance  with
        its   supplier  of Internet connectivity and will enforce those
        policies to the  best of its ability.  Intra-CONCERT   use   is
        generally  less restrictive  but  CONCERT  supports those  ele-
        ments  of  Internet  policy  that  demand    network  etiquette
        and  due consideration for user's rights to  privacy and  free-
        dom  from  exposure to  offensive  material.

The above is likely horror to Vielmetti and Shein.  Note the statement
says CONCERT "supports those elements of Internet policy".  It does not
say we will monitor anything nor that we intend to be a police agency in
this regard.  What's offensive is an individual matter.  If someone
complains I suppose we will seek to get the person off any list he
objects to or if someone repeatedly stuffs another person's mailbox
with material that person objects to, then we would attempt to get the
source to cease such activity.  You could make up some hypothetical
case that might get into legal areas for which I could only suppose
what the Network's alternatives might be.  But, I don't think such a
statement of principle relegates a policy into what Shein was implying
about "computing center mentality".

While we make the above statement, we also offer news feeds to CONCERT 
sites that include alt.sex and all other such newsgroups that offend
many people.  But, we can omit the alt.x newsgroups from the feed if the 
site desires and the news reader can elect to not read such too.  Our
policy statement says simply we support the right of the network user
to control what material is thrust upon him and implies we as a network
will work to protect that right.

Even the telcos have found it necessary to settle a few disputes from
time to time...

Joe Ragland
Manager, Internet Operations

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