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Who Is An ISP?

Posted by timothy on from the specificity dept.

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.'"

10 of 208 comments (clear)

  1. Not for us to decide by gorilla · · Score: 4, Insightful

    I suspect that the answer to this is something which will only be decided by high paid lawyers standing before an appeal or supreme court.

    1. Re:Not for us to decide by SkArcher · · Score: 4, Insightful

      As with most things in American law, it isn't what is right that matters, it is who has the most money.

      --

      An infinite number of monkeys will eventually come up with the complete works of /.
  2. What about a simple home page? by wierdling · · Score: 5, Interesting

    The way I read it, this would cover a home page as well, as it offers customers (family) access to information (your pictures of the kids, blogs, whatever). Does this make sense to anyone else?

    --
    No matter where you go, there you are. So Enjoy it.
  3. Consumers by Phroggy · · Score: 4, Insightful

    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.

    How are "consumers" defined? Members of the general public who pay money to receive these services? If it's something like that, then those of us who run mail (etc.) services only to non-consumers shouldn't be affected. Right?

    --
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    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  4. Yes to AOL, no to broadband? by orthogonal · · Score: 4, Insightful

    ...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.

    As I (IANAL) read it, it seems narrowly tailored to include AOL ("proprietary content") and exclude DSL-providing Baby Bells and possibly cable companies ("not... telecommunications services") (I'm not sure whether cable companies are "telecommunications services".)

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  5. Me, too! by jc42 · · Score: 4, Insightful

    Hey, I run the linux box that is the firewall between our home LAN and the cable modem. I provide internet access to my wife (and our parrots, when they play with the keyboard). I do all the troubleshooting of things like email and web-access problems. So can I am obviously qualify as an ISP, right? It'd be fun to be able to sue the spammers for DoS of our cable modem and wasting our time.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  6. Non-Profit org, Kids in biz, Whats next? by itsnotme · · Score: 4, Funny

    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!

  7. how I see it... by MrUnknown · · Score: 5, Insightful

    "a service that enables users to access content, information, electronic mail, or other services offered over the Internet"

    reword it to...
    "a service that enables users to access...the Internet"

    I think the list of "things" confuses the definition. but it only says things that ALLOW this access, not the services themself.

  8. I asked this exact same question... by forevermore · · Score: 5, Interesting
    I asked this exact same question the other day, and received an informative reply that was quite disturbing. Basically, even if I'd be allowed to sue as an ISP, I'd have to prove no less than $75k in damages before anyone would even bother to look at my case. Does this mean that I turn off my spam filters and create a bill of $50 for each spam email (at $50 per hour/partial-hour per message verified as spam)?

    Granted, I still haven't even been able to find the full text of the bill anywhere in order to verify this.

    --
    Do you really need reason for beer? Wingman Brewers
  9. Re:Good thing too by sdjunky · · Score: 5, Insightful

    "Far more worring, is the provision of an opt-out list. If the world can see that my e-mail, even if only so that I can say I don't like spam"

    A technilogical solution to this problem would be a one way hash algorithm. The government would keep a list of email addresses which are converted into one way hashes. These hash lists are given to mail list operators (read spammers). These mail list operators only have to convert an email they have and see if it's hash matches another. Thus they can't get email addresses from the opt-out list only compare with addresses they already have in their possession.