[482] in Commercialization & Privatization of the Internet

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ANS Acceptable Use: Common Carrier or Publisher?

daemon@ATHENA.MIT.EDU (tmn!cook@uunet.uu.net)
Fri Mar 29 12:24:08 1991

From: tmn!cook@uunet.uu.net
To: com-priv@psi.com
Date: Fri Mar 29 12:15:30 1991


<<MESSAGE from>> Gordon Cook                          29-MAR-91 12:15
                 cook@tmn
 The following by no means yet represents the opinion of OTA, rather it 
 does represent some of my current thinking.
 
 The ANS acceptable use policy seems to get it more explicitly involved 
 with content that the current NSFnet policy which if memory serves me 
 correctly, does not get so detailed as to talk about "the meaning of the 
 message... would likely be highly offensive to the recipient or recipients 
 thereof."
 
 The responses regarding the way the telcos handle this seem to me to be 
 VERY reasonable.  But therein may lie the moral of the story.  The telcos 
 are common cariers and ANS is clearly determined NOT to be.  I wonder if 
 the ANS acceptable use policy is as explicit as it is in order to 
 establish its bona fides as a VAN free of regulation from the FCC and from 
 any state PUCs?  Is its goal to be a publisher running a private wide area 
 network? If so where do the first ammendment rights of its USERS shake out?
 
 If ANS is to be nothing more than one of many commercial tcp/ip providers 
 competing in the marketplace, then let the marketplace decide these 
 issues. No problem.
 
 But what if ANS continues as the provider of the NSFnet (interim NREN) 
 backbone after october of next year? Is the intent of Congress in asking 
 that the network be privatized to create a situation where for the first 
 time the national network is likely to become involved in disputes over 
 content?


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