John, Please reread my comments. I did not say “carriers” and specifically excluded the FCC’s definition. I said “Common Carriers”, as defined by Common Law. The DMCA asserts that they must operate as CCs under this definition: in order to get protection under Safe Harbor they must function as a “passive conduit” of information.
-mel via cell > On Aug 6, 2019, at 7:36 PM, John Levine <jo...@iecc.com> wrote: > > In article <6956e76b-e6b7-409f-a636-c7607bfd8...@beckman.org> you write: >> Mehmet, >> >> I’m not sure if you understand the terms under which ISPs operate as “common >> carriers”, and thus enjoy immunity from lawsuits due to the acts of their >> customers. > > ISPs in the U.S. are not carriers and never have been. Even the ISPs > that are subsidaries of telcos, which are common carriers for their > telco operations, are not common carriers for their ISPs. > > This should not come as surprise to anyone who's spent 15 minutes > looking at the relevant law. > > ISPs are probably protected by 47 USC 230(c)(1) but all of the case > law I know is related to web sites or hosting providers. > >
