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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.'"

4 of 208 comments (clear)

  1. 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.
  2. 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.

  3. 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.

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    Do you really need reason for beer? Wingman Brewers
  4. 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.