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Who Is An ISP?
happynut writes "Last Friday there was an article about the new anti-spam U.S. legislation that might become law.
Within this bill, the only non-government party that can sue for damages is an 'Internet Access Service' (Page 44, line 1 (Sec 7(g)), and Page 8 line 15 (Sec 3(11)) of
the bill). Some reports have treated 'Internet Access Service' as the same as
an ISP. But if you follow down the definition listed in Sec 3(11)
(see
47 USC Sec 231(e)(4)), it defines an Internet Access Service as: '(4) Internet access service --
The term 'Internet access service' means a service that enables users to access content, information, electronic mail, or
other services offered over the Internet, and may also include
access to proprietary content, information, and other services as
part of a package of services offered to consumers. Such term
does not include telecommunications services.'
My question is: isn't this definition so broad as to cover all of us who run
a mail server? It doesn't mention commercial, or for money, or to the public;
it just says 'as part of a package of services offered to consumers.'"
That's true. however, litigation may be avoided by donating $699 to your friendly local unix provider.
Time for me to declare myself as a non-profit organization since they make ANYBODY running a server sound like a business or an organization in itself.
Should be proud of a 5 year old kid now, he runs a quake server, he's a businessman in his own right. Go government! Doing their job to encourage my kids to get into business!
it looked like you had the subject and object backwards
Don't blame him. He's probably just from Soviet Russia.
a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers.
You could consider a protocol (such as HTTP or FTP) to be a service that offers these very things, so could we possibly glean from this that only a protocol can sue? Damn sneaky if you ask me...
"I like you, but I wouldn't want to see you working with subatomic particles."
My impression of the "anti-spam" legislation is that it is pro-spam, and one more example of U.S. government corruption.
Dave Letterman said, "When you make out your part of the check for $87,000,000,000 to help Iraq, remember that there are two Ls in Halliburton." (Halliburton is Vice-President Dick Cheney's company.)
That's a very good point, but you should always remember that the one thing that you should never do under any circumstances is
Mod me down and I will become more powerful than you can possibly imagine!
The RIAA is not spamming kazaa. They are simply engaging in fair-use.
As with most things in American law, it isn't what is right that matters, it is who has the most money.
Because as with most things on the web, it isn't what is right that gets heard, it is what more suckers are willing to repeat.
you meant Russia Soviet, right?
No, saying it over and over does.....