On 03/12/2015 02:02 PM, Rob McEwen wrote:
On 3/12/2015 1:30 PM, William Kenny wrote:
NO BLOCKING:
A person engaged in the provision of broadband Internet access service,
insofar as such person is so engaged, shall not block lawful content,
applications, services, or nonharmful devices, subject to reasonable
network management.
The document (if I read it correctly) states that "reasonable network
management" includes spam filtering.... (yeah!)
However, in spite of that... it seems to give the MISTAKEN impression
that:
(1) ALL spam is ALWAYS... NOT-lawful content
(2) ALL lawful content is NEVER spam.
I think the issue is adequately addressed by the R&O's paragraph 222 and
its neighbors, with footnotes 571, 572, and 573 elucidating. The short
version: the FCC is not going to rigidly define this and leave it up to
the providers, but they will address it on a case-by-case basis if need
be. At least that was my takeaway.
Nevertheless, in such a circumstance, 47 USC 230(c)(2) should prevail
and trump any such interpretation of this!
(If anyone thinks that 47 USC 230(c)(2) might not prevail over such an
interpretation, please let me know... and let me know why?)
It would seem, but I am not a lawyer, that perhaps it would. It's not
directly addressed in the portions of the R&O that I've read thus far,
and that specific paragraph is not cited that I could find. A Good
Samaritan law, in 47 USC..... fun stuff.
