[861] in Commercialization & Privatization of the Internet
Re: Carrier Liability Legislation
daemon@ATHENA.MIT.EDU (Mitchell Kapor)
Wed Jun 19 12:51:32 1991
Date: Wed, 19 Jun 91 11:32:28 -0400
To: com-priv@uu.psi.com
From: mkapor@eff.org (Mitchell Kapor)
"Manavendra K. Thakur" <thakur@zerkalo.harvard.edu> writes:
>I don't understand the reluctance, as described by Dr. Kapor, on the
>part of internet carriers to consider themselves common carriers. It
>certainly seems that common carrier status handles all these privacy
>questions in a manner that is comprehensive, familiar, and effective...
The history of the telecommunications industry has shown the dangers of an
over-regulated system. These include loss of innovation, barriers to entry
of competition, and higher prices. Too often regulated companies evolve to
become terrific at manipulating the regulatory process, and in so doing,
capture it to serve their own ends rather than the public interest.
>So any legislation applying to internet carriers, and internet
>services in general, should not only work to free *carriers* from the
>burden of monitoring traffic but also legally mandate for the
>*consumer* meaningful guarantees of privacy, open interconnectivity,
>freedom from anti-competitive penalties, etc.
First, it seems to me that the issues you raise deal with first amendment
issues of freedom of speech, which you do not mention. You focus on
privacy issues instead. Why?
Obviously, there are choices to be made about the scope of issues to be
tackled in any particular initiative. On the one hand, I don't think it's
wise to over-burden specific legislation with a broad agenda of goals
better dealt with in multiple stages. On the other hand, the EFF doesn't
want to lessen one iota any civil liberties. I don't think you've made the
case that the proposal would. You and others have raised the possibility,
but it would help to spell out some sort of scenario which implies damage.
On a trivial note, since my only doctorates are honorary, not earned, use
of the honorific "Dr." is overkill.
Mitch Kapor, EFF
mkapor@eff.org
