Cable Internet Service Not Common Carrier
l2718 writes "The U.S. Supreme Court has agreed with the Federal Communications Commission that cable Internet service is an 'information service' rather than a 'telecommunication service.' This means that cable companies don't have to make their infrastructure open for competing ISPs to use. This is in distinction to the case of telephone companies and long-distance service, for example. For more information try the Center for Digital Democracy or read the Telecommunications Act."
You can view the complete ruling in pdf here:
1 200/www.supremecourtus.gov/opinions/04pdf/04-277.p df
http://a257.g.akamaitech.net/7/257/2422/27jun2005
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Take care to read Justice Scalia's Dissent. In it, he shows a good understanding of how internet service works and what this means legally.
His point is that the cable companies are prodviding two services:
- communications from your home to their ISP facility.
- their ISP facility connects you to the rest of the Internet.
The second is an "information service" under the law. The first is a "telecommunication service". The cable company is bundling them together exactly to get around the regulations by claiming that the joint offering is an "information service", but they shouldn't be allowed to play such shenannigans.