John,

Seriously, just quote so people don’t have to look it up.  Honestly, though 
others are probably right in that case law usually will over-ride written law 
due to our legal structure.

> On Aug 6, 2019, at 10:36 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.

[ (1)Treatment of publisher or speaker
 No provider or user of an interactive computer service shall be treated as the 
publisher or speaker of any information provided by another information content 
provider. ]

Sounds great on paper, but sort of caught backpage in a quondam, perhaps 
because they installed filters to begin with.
Technically, will anyone else booting customer’s for any offense of TOS be 
similar is still up for grabs, since it’s basically a political nightmare for 
lawyers right now.
Right or wrong in your philosophy you are basically screwed imho.  I guess 
that’s why Anne’s got a job...

* Seriously though I think we should probably put a discussion thread in here, 
it’s reminding me of outages saying me too.


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