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Has Verizon Forfeited Common Carrier Status?

An anonymous reader writes, "Freedom of speech, the future of the Net, you name it. In October, a U.S. vigilante group asked Verizon to cut off Net access to Epifora, a Canadian ISP that hosts a number of (entirely legal) web sites offering support to minor-attracted adults. Shortly thereafter, Verizon gave 30 days notice to Epifora, ending a 5 year relationship. Telecos have traditionally refrained from censoring legal content, arguing that as 'common carriers' it is outside of their scope to make such decisions. Furthermore, they have refrained because if they did so in some cases, they might be legally liable for other cases where they did not exercise censorship. The questions are: has Verizon forfeited their claim to common-carrier status by selectively censoring legal speech that they do not like? And can the net effectively route around censorship if the trunk carriers are allowed to pick and choose whom they allow to connect?"

63 of 721 comments (clear)

  1. The correct answer: by eln · · Score: 5, Insightful

    Verizon is just protecting the children, you pedophile freak.

    Seriously though, Common Carriers should really not be censoring ANY content if they want to be common carriers. Here in the real world, though, Verizon and all of the other big telcos have the FCC in their pockets, so I wouldn't hold my breath on anything happening to them because of this.

    1. Re:The correct answer: by ultranova · · Score: 4, Insightful

      I'd say that Verizon is acting to protect their shareholder's interests, which is precisely what they should do. They have no obligation to do business with pedophiles, and just the PR impact alone could make it far too expensive to take their money.

      Refusing to carry packets from pedophiles means that Verizon is no longer a common carrier. It picks and chooses the packets it carries, and thus is responsible for whatever illegal content gets through the filter. In other words, from now on everytime Joe Public downloads an mp3 over Verizon network, the RIAA gets to sue Verizon. Everytime Joe Pervert downloads kiddy porn, the Verizon execs are hauled to prison. And so on.

      Or that's how it shoul go. Verizon, being a large corporation, is not likely going to actually be held accountable to the laws. It has too much money to bribe the authority with.

      Long and short: business decision, and a correct one.

      Perhaps. And a business decision with consequences for free speech in another country. Which rises the question: when a corporation wields power that rivals a government, shouldn't it be held to the same standards - First Amendment in this case ?

      Verizon is not a private enterprise in any meaningful way. It has more shareholders than some nations have citizens. As this matter proves, it holds power to silence entire web forums not owned by it. It is, for all intents an purposes, a nation-equivalent entity. It should be treated as one.

      Any sufficiently powerful organization is indistinguishable from a government. They should be treated accordingly, and held to the same standards as governments. Currently, we allow much too much leeway for international corporations - they have a right to do anything to benefit themselves, and any attempt to get them to behave is decried as limiting the freedom of markets. I say it's about time to put an end to this insanity.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:The correct answer: by jc42 · · Score: 2, Interesting

      Verizon is not a private enterprise in any meaningful way. It has more shareholders than some nations have citizens. As this matter proves, it holds power to silence entire web forums not owned by it. It is, for all intents an purposes, a nation-equivalent entity. It should be treated as one.

      Actually, in my neighborhood there's a more direct argument. There's a phone line coming into my house. That line is owned by Verizon, and no other company can use it, even with my permission. But the clincher is: No other company can legally run another "phone line" to my house, even with my permission. In this neighborhood, Verizon has all the legal power of a government agency in dealings with phone lines. They determine how my phone service works, and if I don't like it, I can just not use my phone line. Or move somewhere outside their legal jurisdiction.

      I don't see any significant way that they differ from a government agency.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  2. A Team of Lawyers by diersing · · Score: 4, Funny
    Done. Every carrier will need a team of lawyers to review all content and deem it's legality.

    Next

  3. Common Carrier? by Conception · · Score: 4, Insightful

    So, since they did this, isn't the obvious thing to do to sue Verizon for transmitting something bad that "hurts" you? They are no longer protected now, yes?

    1. Re:Common Carrier? by Aadain2001 · · Score: 2, Insightful

      Yes, from a legal standpoint they have just 'opened' up the flood waters. If you sensor even one message/data/item/etc passing through a system under your control, you loose common carrier/neutral party status and are held liable for everything that now occurs. Why do you think /. editors do not edit comments posted here? As soon as they did, they would be held liable for all the comments /. users make and would be open to lawsuits. Right now, Verizon can be held legally responsible for every piece of warez, pr0n, child pr0n, illegal music & movies, offshore gambling traffic, etc that is traveling through even a single machine under their direct control. Quick, someone call a lawyer at the RIAA!

      --
      Space for rent, inquire within
    2. Re:Common Carrier? by wkcole · · Score: 2, Interesting
      Yes, from a legal standpoint they have just 'opened' up the flood waters. If you sensor even one message/data/item/etc passing through a system under your control, you loose common carrier/neutral party status and are held liable for everything that now occurs.

      WRONG!

      That legal urban legend has been wandering around the net for many years, but it has never actually been true, at least under US law. ISP's have never been common carriers as ISP's (which is part of why the ISP/ILEC wall exists in ILEC-owned ISP's) but they are generally treated as non-publishers of material even when they pick and choose what they allow quite severely.

      There is a surviving piece of the CDA and a clause in CAN-SPAM that quite explicitly give ISP's the power to filter content as they please without liability.

  4. yes, no, maybe. by FacePlant · · Score: 2, Insightful

    In theory, yes, but no corporation with that much money will ever be held accountable to the laws of our country unless they kill the citizenry, and even then, only after many, many years, and especially not when they're Thinking of the Children

    --
    My Heart Is A Flower
  5. "minor-attracted adults" by Anonymous Coward · · Score: 4, Insightful

    The phrase "minor-attracted adults" makes baby Orwell cry.

  6. Possibly NSFW? by PIPBoy3000 · · Score: 2, Funny

    Can the editors please mention that a site might possibly not be safe for work?

    As eager as I am to rally behind censorship, I'm not too keen on gay shirtless men popping up on my monitor as I eat my lunch. My Christian coworker might think odd things of me.

    1. Re:Possibly NSFW? by fahrbot-bot · · Score: 4, Funny
      I'm not too keen on gay shirtless men popping up on my monitor as I eat my lunch. My Christian coworker might think odd things of me.

      Or, he may not :-)

      --
      It must have been something you assimilated. . . .
  7. Legislation, Corporations, and Censorship by fyngyrz · · Score: 3, Informative

    Censorship is an ethical cancer. There can be no legitimate justification for it. This will not stop either the corporations or the legislators from implementing as much of it as they can get away with.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Legislation, Corporations, and Censorship by Stickerboy · · Score: 5, Insightful

      >Censorship is an ethical cancer. There can be no legitimate justification for it.

      Yes, because you still have the unlimited right to yell, "FIRE!" in a crowded theater not on fire. Or incite a riot.

      Face it, there is NO such thing as unlimited freedoms, and for good reason.

      --
      Light a fire for a man and he'll be warm for a day. Light a man on fire and he'll be warm for the rest of his life.
    2. Re:Legislation, Corporations, and Censorship by bky1701 · · Score: 3, Interesting

      "Fire" is just a word. It's not my fault people are so jumpy. Inciting a riot takes some underlying issue 99% of the time, so trying to ban "inciting a riot" is kind of like blaming red buttons for nuclear attacks.

    3. Re:Legislation, Corporations, and Censorship by SuiteSisterMary · · Score: 5, Insightful

      That's not censorship.

      Censorship would be the gov't throwing you in prison for warning people about the danger of fire. Your example is the gov't throwing you in prison for knowningly and willfully endangering people's lives by shouting something you a) know to be untrue, and b) know will most likely cause a panic-stricken stampede for the exits.

      Quite honestly, saying that not being able to yell 'fire' in a croweded theater is like saying that your right to bear arms is infringed by not being able to shoot people at will.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    4. Re:Legislation, Corporations, and Censorship by Enderandrew · · Score: 4, Insightful

      You can say anything you want. If it can be substantially proven that you inflicted quantifiable harm on another, you can be held accountable for that.

      For instance, if I published a full-page ad in your local paper calling you a pedophile, I would have the full legal right to do so. If you could demonstrate that I caused you financial losses from such a thing, and damages, then I could be sued for libel.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    5. Re:Legislation, Corporations, and Censorship by fyngyrz · · Score: 4, Informative
      I'm going to rape you, then kill you while your family watches. Then I will kill them.
      Just words. Doesn't mean a thing. Not a crime, right?

      Right. Just words. In the USA, they're a crime where the constitution has been violated by the government. As long as we understand that "crime" simply means "behavior forbidden by arbitrary and illegitimate government edict", rather than "behavior that causes harm."

      Your words may (or may not) signal intent. Words are like that. I'd take your words in context, and I probably wouldn't worry much about them if the context was normal — conversation, joking, etc. If, on the other hand, you had a gun in your hand and were pointing it at me at the time, I'd do my best to disable you right there, because that's no simply longer an act of speech, now, is it?

      There is nothing in the constitution that can even remotely be construed as a "right to not be offended by another's speech", and in fact, the first amendment explicitly goes the other way, because it is obviously much more important that we hear what you have to say than it is we protect our pissant little preconceptions from the fact that you wish to say it.

      To put it another way, perhaps more easily understood by the "mommy protect me" contingent, I would far rather you tell me you intend to do my family in so I can keep it in mind, than you be forbidden from mentioning it so I will have no clue that you are thinking such things.

      --
      I've fallen off your lawn, and I can't get up.
    6. Re:Legislation, Corporations, and Censorship by avronius · · Score: 2, Insightful
      Ethical cancer - hmm... flashy words.

      Sadly, you've offered little information to support your claim.

      You state "There can be no legitimate justification for it.", but I beg to differ. Rather than ask you to prove your statement, I will merely offer examples of what "I" believe to be "legitimate" justification.

      • Example A:
        Subject suffers from a kidney disease. A result of this condition is a bed wetting problem. Currently, there is a law that protects the subject from ridicule by preventing this information from being made public. As an aside, there is nothing to prevent the subject from distributing this information. In this case, censorship protects the subject, unless the subject wilfully gives up that right.

      • Example B:
        Subject is the target of an abusive relationship. Subject wishes to leave the relationship and move to a safer environment. To keep the example simple, there are no children involved in this relationship. Subject wishes to start life anew, but does not wish to leave self open to abuse from former abuser. Currently, there are laws that allow you a certain amount of privacy. Unlisted telephone lines, etc. In this case, censorship protects the subject, unless the subject wilfully gives up that right.

      I am certain that there are many other examples that you would accept as reasonable. You do not wish members of the general public to get their hands on your SSN/SIN/government number. The law that protects this information is a form of censorship.

      Censorship protects the rights and privilages of average citizens. Unfortunately, there are parties that would have you believe that NO information should be safe, that you do NOT have the right to privacy.

      I would recommend that people take a moment to understand the banality of your statement. It's like saying being human is a societal cancer. We continue to live and breath, and mostly play our roles responsibly. Sure, there will always be another nut around the corner trying to trample your rights, or abuse the system in one fashion or another, some things are simply there to protect us.

    7. Re:Legislation, Corporations, and Censorship by Harmonious+Botch · · Score: 2, Interesting

      Yelling 'fire' in a crowded theater is not a free speech issue. It is a property rights and contract issue. When I buy the ticket, there are certain standards of behavior that I implicitly ( everyone knows it's not done ) or explicitly ( posted signs) agree to by choosing to enter the theater. Yelling 'fire' is a civil violation of a contract with the theater owner.

    8. Re:Legislation, Corporations, and Censorship by nuzak · · Score: 2, Informative

      Your novel interpretations of contract law have no connection to reality. If your action is calculated to precipitate harm to others, it's not protected speech. Shouting "Boo!" at a surgeon is another example of such.

      --
      Done with slashdot, done with nerds, getting a life.
    9. Re:Legislation, Corporations, and Censorship by ajs · · Score: 4, Informative
      I'm going to rape you, then kill you while your family watches. Then I will kill them.

      Just words. Doesn't mean a thing. Not a crime, right?


      Nope, that's a crime. The crime is called assault. However, it's grey (as it should be) and subject to interpretation. You did not commit assault, for example, because from context, it's clear that you were making an example. If you sent that comment as email to a particular recipient, without any context that indicated that you were being hypothetical, THEN it would be assault.

      The simple version is: if a reasonable person would assume that the comment constituted a credible threat of violence, then it's assault.

      IANAL, as you may have guessed, but I've had to look into what does and does not constitute assault and/or battery in the past.
    10. Re:Legislation, Corporations, and Censorship by Chowderbags · · Score: 3, Informative

      Well, the phrase "life, liberty, and property" originated with John Locke, Adam Smith coined the phrase "life, liberty, and the pursuit of property", with the expression "pursuit of happyness" originating with Dr. Samuel Johnson. As far as being found in a constitution, it is found in the 1947 Constitution of Japan, but it's in Chapter 3, Article 13.

    11. Re:Legislation, Corporations, and Censorship by gbulmash · · Score: 4, Insightful

      Actually, "Assault" can be the act of threatening to hit someone. "Battery" is when you actually hit them. IANAL and INW (I'm Not Wikipedia), but I did take a criminal law class in college, and the difference between Assault and Battery were covered, as were the terms Mens Rea (Criminal Intent) and Actus Reus (Criminal Act).

      The basis for determining what is and is not a crime falls largely on the existence and extent of the Mens Rea. It's why there are different degrees of Murder and Manslaughter. It's also why the threat to rap and kill a family can, in one case, be totally legal, and in another case, be Assault.

      - Greg

    12. Re:Legislation, Corporations, and Censorship by ehrichweiss · · Score: 2, Informative

      You needed to read that wikipedia entry a little better before making that assertion. From the entry you cited:

      "In some jurisdictions, assault is used to refer to the actual violence, while in other jurisdictions (e.g. some in the United States, England and Wales), assault refers only to the threat of violence, while the actual violence is battery."

      This is why you hear the term "assault and battery".

      --
      0x09F911029D74E35BD84156C5635688C0
    13. Re:Legislation, Corporations, and Censorship by MightyYar · · Score: 2, Insightful

      So you're on a jury. The case has to do with a mob hit. You get a note that says, "The defendant walks or you are a dead man." Still okay?

      You are a judge. You are presiding over a corruption case. Several of your colleagues have been killed presiding over similar cases. Now you are threatened if the defendant, the brother of the mayor, doesn't walk. Still okay?

      A man walks up to you on the street with an M16, points it at your face, tells you that he is going to kill you. You happen to have a gun and you shoot him. You go to jail because he was just using words - your action was completely unwarranted. Still okay?

      There are practical limits to free speech. If you still think that threatening speech backed up with a credible threat should be protected, then I'd really like to hear how you would attack government/mafia corruption. I honestly can't work it out in my head.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    14. Re:Legislation, Corporations, and Censorship by fatphil · · Score: 2, Interesting

      I think The unanimous Declaration of the thirteen united States of America, better known as the Declaration of Independence, is often confused for something constitutional. In the same way that Benjemin Franklin (one of the signers of the DoI) is confused for being a U.S. president. Those 'great things from the past' blur into an indistringuishable mass.

      I was unaware of the use of the similar and related phrases, and also of this Samuel Johnson originating that final phrase, Johnson not being one of the DoI signatories.

      Being an Englishman, the only Samuel Johnson I am familiar with is the lexicographer who said "I am willing to love all mankind except an American", and who famously refuted (thus - kick!) the philosophy of Berkeley; but not your Connecticutian namesame who was a staunch proponent of Berkeley.

      What a marvelous opportunity for extreme confusion!

      FatPhil

      --
      Also FatPhil on SoylentNews, id 863
  8. Re:Has Slashdot been duped? by PFI_Optix · · Score: 3, Interesting

    I suppose that depends on the definition of "support".

    If by "support" they mean support groups like AA where "minor-attracted adults" seek help in not acting on impulses and addictions, then not really; it bears distinguishing between pedophiles and people who recognize that their attractions aren't healthy, even if they feel natural.

    If "support" is more like a NAMBLA textbook for seduction, then a euphemism it is.

    --
    120 characters for a sig? That's bloody useless.
  9. Re:Has Slashdot been duped? by eln · · Score: 4, Funny

    Actually, it's a typo. The submitter meant "miner-attracted adults." It's a group of people irresistibly drawn to hard hats and black lung disease. Just goes to show you can find a website for anything on the Internet.

  10. They should split the business by EmbeddedJanitor · · Score: 2, Interesting
    They should really split their business into two companies to be able to keep their common carrier status:

    Business 1 is their common carrier business which does not do any censoring etc, but just provides common carrier services.

    Business 2: Value added services (hosting etc). This business then does all the censoring etc.

    --
    Engineering is the art of compromise.
  11. Re:PJ group "vigilantes"? by Anonymous Coward · · Score: 2, Insightful

    Just like blacks and whites who dated fifty years ago "destroyed their own lives", eh? And like gays getting caught up in stings before the gay rights movement "destroyed their own lives".

    -Ella, 16

  12. Re:Has Slashdot been duped? by gstoddart · · Score: 4, Insightful
    "Minor-attracted adults"? Is that a euphemism for paedophiles?

    Depends on the age, and the law now doesn't it?

    If the age of consent is lower than that of the age of majority (ie, a minor) you could be referring to a 17 year old potentially.

    Here in Canada, the age of consent is 14 as long as you're not in a position of authority over the minor in question, with people making noises about raising it to the age of 16.

    If I look at a 17 year old girl, am I a pedophile? I think not. I could legally have sex with her, but since she's half my age, I probably don't stand much chance/wouldn't have much in common with her anyway, so I'm not gonna go out and try. But, it hardly makes one a pedophile to stare at her b00b13z, she's merely a minor, but one who is legally allowed to have sex -- including with a dirty old man like me if she so chooses.

    I don't know anything about the sites in question (and TFA seems to be slashdotted already), but there is not an immediate transition from "minor" (not old enough to vote or sign contracts) and "child" which is implied by pedophile. Depending on where you live, there are a few years of late adolescence which is a gray area.

    Of course, now that I've tried to point out the distinction between being attracted to a minor and what it means to be a pedophile, I'm sure I'll be accused of being one, or at the very least supporting them. Which I don't. I'm merely trying to point out that "minor-attracted" might, in fact, NOT mean pedophile.

    Cheers
    --
    Lost at C:>. Found at C.
  13. Re:Okay... by 99BottlesOfBeerInMyF · · Score: 2, Insightful

    Kind of hard to judge with absolutely no real information, but that has never stopped anybody on Slashdot before.

    If the ISP shut anyone down without a court order, regardless of what content they're hosting, then they've forfeited their common carrier status in my mind. If they found the site and thought it was illegal, they should have contacted the authorities. Otherwise, they should have done nothing. With the facts we have, we can answer the question asked in the summary.

  14. Let me predict the tags by Nimey · · Score: 3, Interesting

    fud notfud yes no maybe

    Maybe itsatrap as well.

    Why do we have tags if the same braindead ones are displayed for most of them?

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
  15. Right to Refuse by iiioxx · · Score: 3, Insightful

    The right to refuse business is a long-standing tradition, at least in this part of the world. Verizon can generally choose not to do business with whomever they wish, with certain provisions relating to discrimination.

    It is not censorship, it is Verizon's right to say "you can believe and say whatever you like, but please take your business elsewhere." Last time I checked, pedophiles were not a protected class under the U.S. Federal Civil Rights Act, or the Americans With Disabilities Act.

    So no, I do not believe Verizon's status as a "common carrier" would be in question with regards to this matter. But thanks for asking!

    1. Re:Right to Refuse by JayBlalock · · Score: 2, Interesting
      Uh... the poster wasn't talking about the pedos suing Verizon over this. It was talking about people suing because of OTHER offensive pages being hosted by Verizon.

      Verizon is (in theory) not responsible for anything put onto their networks because they're a "common carrier." They take all comers who can pay without worrying about the content. Therefore, if kiddie porn is being transmitted through Verizon's lines, it's not Verizon's fault because they have taken absolutely ZERO responsibility for the content.

      *Except they just did.*

      By taking that step to block someone from their network based solely on the content they were providing, they have opened themselves up for lawsuit. Whether you agree this is "fair" or not, it is a longstanding legal principle. Generally speaking, NOT taking responsibility for something will get you in less trouble than taking some. In a completely random other example, I lived at at apartment complex that refused to salt their walkways in the winter. Why? Because if someone slipped, and they DID salt the sidewalks, then they would be at fault for not salting them well enough. If they did nothing whatsoever, if you slip and fall, blame God, 'cause he's the one who did it.

      Same principle. See?

      By taking responsibility for SOME content being broadcast through their lines, Verizon may have just made themselves responsible for ALL of it.

      And that is the question here.

      --
      Bush: He's Liberal in all the wrong ways.
    2. Re:Right to Refuse by Detritus · · Score: 4, Informative

      Common carriers do not have the "right to refuse business". If the Gay Nazis for Nuking Whales and Buggering Baby Seals wants telephone service, Verizon is obligated to provide it. They can only terminate service for non-discriminatory reasons like not paying the bill. It's inherent in the definition of a common carrier that the service be offered to the public in a non-discriminatory manner.

      --
      Mea navis aericumbens anguillis abundat
    3. Re:Right to Refuse by 99BottlesOfBeerInMyF · · Score: 2, Interesting

      The right to refuse business is a long-standing tradition, at least in this part of the world. Verizon can generally choose not to do business with whomever they wish, with certain provisions relating to discrimination.

      True, but in doing so they lose a group of special privileges allocated to those that are "common carriers" and who just carry the mail and don't know what's in it. For example, common carriers are not prosecuted for transporting drugs, death threats, child pornography, or government secrets, even if the transportation of such things is illegal. When a carrier starts looking at the content and censoring some of it, they have taken responsibility for all the content and are no longer protected from lawsuits or criminal charges with regard to their content. I think you need to look into what a common carrier is and under what restrictions they operate in order to have that status. They have certainly endangered that status and may have opened themselves to huge amounts of legal liability.

  16. Re:Has Slashdot been duped? by kfg · · Score: 2, Insightful

    Age of consent and age of majority are different legal issues.

    Whether or not you consider them different moral issues is your issue.

    KFG

  17. minor-attracted adult? by jjohnson · · Score: 3, Insightful

    What the hell is a "minor attracted adult", if not a pedophile?

    Notwithstanding the common carrier issue and the legality of the material, it bothers me to see the mainstreaming of pedophilia with terms like this. Years ago I worked at a Montreal ISP. Someone notified us of one of our user's 'secret' webpages--a page not linked from his home page, requiring you to know the exact URL. The page was a collection of links to NAMBLA and like organizations and websites, including a message board for "child lovers".

    On the message board, pedophiles alternately discussed sitting in parks watching children play, and discussing how they "came out" to themselves and each other, and accepted themselves for who they are. What was most subtly grotesque was the manner in which they'd adopted the rhetorical stance of the queer community. They talked about 'coming out', and about accepting themselves, and reclaiming terms like 'boy lover'. They were mentally and emotionally setting the stage for the same sort of battle for public acceptance that the gay community has fought and mostly won over the last few decades.

    I don't want them to 'come out', I don't want them to have supportive underground communities, and it was saddening to see the entirely appropriate discourse of public acceptance of homosexuality and queer identity perverted like this. This is exactly the slippery slope that the right uses to justify non-acceptance of gays, and we need to bring a big heavy boot down on crap like 'minor attracted adult' to demonstrate that we can make moral choices about who we will accept and who we won't.

    The world's a better place because homosexuality has been mainstreamed. It'll be a better place still when pedophilia is absolutely and explicitly denied the same path and the same acceptance. It starts by calling bullshit on terms like 'minor attracted adult'.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    1. Re:minor-attracted adult? by FooAtWFU · · Score: 4, Informative
      What the hell is a "minor attracted adult", if not a pedophile?
      Medically, pedophiles are attracted to prepubescent or peripubescent children. An adult attracted to a minor who has passed puberty may be an 'ephebophile' (likes adolescents) or possibly engaging in 'pederasty' or something like that. but no one bothers to learn those terms in the general usage, so the meaning of the word 'pedophile' has become somewhat stretched.

      Consider a moment if was 18 and I liked a 17-year-old girl, I could be considered a "minor attracted adult" - but pedophile? I think not.

      Now, all that aside, I really have no idea what the site was about at all, and I decline to comment about Verizon's action at this time.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    2. Re:minor-attracted adult? by Mr2001 · · Score: 2, Informative
      What the hell is a "minor attracted adult", if not a pedophile?

      Someone who's attracted to teenagers, probably: in Canada, the age of consent is 14, so most teenagers can legally have sex with adults. The term "pedophile" typically refers to those who are attracted to pre-pubescent children, not adolescents.
      --
      Visual IRC: Fast. Powerful. Free.
    3. Re:minor-attracted adult? by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      ...it bothers me to see the mainstreaming of pedophilia with terms like this.

      That's fine, but it is free speech. Better to have people discussing this than for it to be a forbidden topic that festers in darkness.

      They were mentally and emotionally setting the stage for the same sort of battle for public acceptance that the gay community has fought and mostly won over the last few decades. I don't want them to 'come out', I don't want them to have supportive underground communities, and it was saddening to see the entirely appropriate discourse of public acceptance of homosexuality and queer identity perverted like this.

      The important question is why? What is it that is different between pedophiles and homosexuals? Why should society accept one and not the other? Is there a fundamental difference of ethics in your mind that you can explain or are you just reacting emotionally?

      This is exactly the slippery slope that the right uses to justify non-acceptance of gays, and we need to bring a big heavy boot down on crap like 'minor attracted adult' to demonstrate that we can make moral choices about who we will accept and who we won't

      The "slippery slope" is a logical fallacy. What we need is reason and rational dialogue. We need an understanding of why pedophilia is wrong, not just an angry, emotional attack upon it.

      The world's a better place because homosexuality has been mainstreamed. It'll be a better place still when pedophilia is absolutely and explicitly denied the same path and the same acceptance. It starts by calling bullshit on terms like 'minor attracted adult'.

      I disagree. The "negativity constant" of a word is how much people react negatively to a given word. It is an emotional response, conditioned by society. Pedophiles are people who are attracted to minors. Rather than reacting to either set of terminology it should be made clear why either people who are attracted to minors or pedophiles should be forbidden from acting on their attraction.

      In my mind the ethical principal is quite simply, responsibility. Children are not granted all the rights of an adult, nor are they held entirely responsible for their decisions because they have not yet developed the capacity to make rational, informed choices about their lives. As a result, they are taught to obey their elders as a matter of principal and to cede their will to authority figures, who "know better." They place great trust in their elders and society and that trust in turn engenders a greater responsibility for society to protect them. Sex with children is wrong similar to the way rape is wrong. A child is not socially in a position to make a correct choice and does not have the critical thinking capacity to properly make major life choices.

      Sex is a major life choice, both from an emotional and social perspective and from a health risk perspective. Until a child reaches an appropriate level of maturity, every member of society is responsible for making sure to go out of their way to avoid letting children make such choices, whether they think they are ready for it or not.

      Now no one with any reason believes that a child magically becomes responsible at the age of 18. Some people develop faster than others. I don't think some 25 year olds are ready to make life choices yet, while some 15 year olds are. Society has chosen an arbitrary age of 18, but ethically, we need to be aware that it is wrong to take advantage of immature 18 year olds. Let the ethical principal, not the law guide one's decision making in this regard.

      I pity people who find themselves sexually attracted to children, but I do not forgive them any unethical actions they take. By understanding the issue, however, I think we can more intelligently make decisions and promote understanding within society, both of why one group should be legal and another not, and how we should all act with regard to the issue. Reason, not emotion should guide us.

    4. Re:minor-attracted adult? by dfghjk · · Score: 4, Interesting

      "What the hell is a "minor attracted adult", if not a pedophile?"

      Attraction to those under the age of the majority. That includes more than prepubescent children.

      "it bothers me to see the mainstreaming of pedophilia with terms like this."

      Has it occurred to you that it may be a tactic to bash those who can't be shown, or even suspected, of pedophilia at all?

      "They talked about 'coming out', and about accepting themselves, and reclaiming terms like 'boy lover'. They were mentally and emotionally setting the stage for the same sort of battle for public acceptance that the gay community has fought and mostly won over the last few decades."

      What is the problem with this? So far you've described no criminal behavior at all. Are you advocating keeping people with this condition be as emotionally deprived as possible? How is that a help to society?

      "I don't want them to 'come out', I don't want them to have supportive underground communities, and it was saddening to see the entirely appropriate discourse of public acceptance of homosexuality and queer identity perverted like this."

      It isn't perverted. Being closeted for them is no different. Plenty have said the same things about gays.

      "This is exactly the slippery slope that the right uses to justify non-acceptance of gays, and we need to bring a big heavy boot down on crap like 'minor attracted adult' to demonstrate that we can make moral choices about who we will accept and who we won't."

      My moral choice is to accept what everyone's condition is. There is a big difference between accepting a person's condition and accepting their actions. It is child molestation that is the issue and nothing you've described has anything to do with that. You just seemed consumed by hatred and fear of those you don't know.

      "The world's a better place because homosexuality has been mainstreamed. It'll be a better place still when pedophilia is absolutely and explicitly denied the same path and the same acceptance. It starts by calling bullshit on terms like 'minor attracted adult'."

      I don't agree with any of that. First, homosexuality hasn't been mainstreamed outside progressive areas. Second, pedophilia is a condition that people develop outside their choice, and it's child molestation that has to be prevented. Finally, you have no idea why the term "minor attracted adult" was chosen and you have no basis for declaring that it means "pedophile" (or more accurately "child molester in your usage).

    5. Re:minor-attracted adult? by Hatta · · Score: 2, Insightful

      What the hell is a "minor attracted adult", if not a pedophile?

      Everyone. Not all minors are children, and there's a reason it's called "sweet 16". People become sexually mature before they turn 18. There's absolutely nothing wrong with being physically attracted to sexually mature people. It's natural, it's normal, in fact if you don't find 17 year old hotties attractive, I'd say there's something wrong with you.

      --
      Give me Classic Slashdot or give me death!
  18. Political Maneuvering by JordanL · · Score: 2, Interesting
    I agree with the summary mostly, however, I found the connotation of the entire thing rather... dubious.

    I cannot check the article, (slashdotted), and since no link to the sites in question was provided, I am left to trust that the sites were good-natured content, and entirely legal, instead of deciding for myself.

    I also wasn't able to find out the name of the vigilante group, as it wasn't included in the summary. For all I know it could be the ACLU.

    The discussion should be about the principal of content filtering, not what content was filtered or who requested it. Everyone has websites that they feel only tarnish the internet. Demogaugery like this:

    "...minor-attracted adults..." "...a U.S. vigilante group..." "...a number of (entirely legal) web sites..."

    Does not help your position. They are pedophiles, interest/lobbying groups and entirely legal in Canada. Your choice of words turned me off to a subject which I completely agree with the summary on, because it shows the same double standard you are crying about.
    1. Re:Political Maneuvering by StewedSquirrel · · Score: 4, Informative

      I did some digging and found the "vigilante group" is "Perverted Justice" (www.perverted-justice.com), the makers of the Dateline "to catch a predator" shows. Their status as "vigilante" is debatable during their law-enforcement-supported television shows, but their daily operations definitely slide toward the vigilante area.

      I found a site called corrupted-justice.com which is a site critical of Perverted Justice, and discusses a number of cases where they clearly violate the law and most people's ethical standards in a "the ends justify the means" sort of way.

      In fact, I also found quotations from Perverted Justice and thier founders saying basically "we have no interest in protecting children, that's not what we're about, we simply hate pervs and want them to suffer miserably". Corrupted Justice seems to imply they use 15-17 year old "minors" in some of their stings as "bait" and tell them to engage older adults in sexual discussions.

      I don't know, that sort of "by all means, hell with the law" approach is disheartening.

      I also found that the websites hosted by Epifora include sites like www.boychat.org and www.girlchat.org.

      Doing some more digging, they seemed to be linked to some sort of organization called "Free Spirits" (www.freespirits.org) which claims it is a "support group" for pedos, but it also says that it is very opposed to illegal content.

      Of course, there is absolutely nothing saying that Epifora wasn't hosting child porn on their server, but I have a feeling that the FBI or RCMP or whatever would have beat down the door if there was any evidence of that, rather than Verizon quitely unplugging their upstream. In addition, comments from Canadian law enforcement mentioned elsewhere in this thread seem to lean toward their content having been audited by both law enforcement and MCI's legal team in 2001 and found to be entirely legal.

      So a conclusion? Verizon pulled the plug because they didn't want to be listed as a "corporate sex offender" on the perverted-justice.com website. They had a meeting where lawyers said "we choose the better of two evils" and they chose to shut down the Epifora ISP and face the unlikely circumstance their "common carrier" status was put in jeopardy, rather than face the guarantee that "perverted justice" will be posting fliers on their headquarters with pictures of decapitated children or somesuch that say "VERIZON DID THIS".

      Stew

      --
      There are 10 kinds of people in the world. Those who understand binary and those who don't.
  19. Re:Has Slashdot been duped? by Anonymous Coward · · Score: 3, Informative

    Just goes to show you can find a website for anything on the Internet.

    Not if you're on Verizon.

  20. RE: Okay... by Roger+Wilcox · · Score: 4, Interesting

    First of all, if you read the article, 2 sites were named as being found objectionable by Verizon:

    "The company's clients host a number of websites and chatboards-- such as Boychat.org and Freespirits.org-- with a pederastic slant."


    The article also seems to indicate that they would be legal in the US:

    "With its transgressive content, Epifora had faced scrutiny before. After a July, 2001 report in Canada's National Post, MCI-Canada approached the Ontario Provincial Police for an opinion, and inspector Bob Matthews, of the OPP's "Project P" declared the material on Epifora's servers in compliance with the Criminal Code. That says a lot, as Canadian law sets a higher bar than the US and most other countries, making no distinction between, say, photographs of minors having sex, textual descriptions thereof, or even speech "advocating" such acts."


    Furthermore, I believe you are missing the point:

    Weather or not you agree with what is being said, free speech is protected by law in Canada and in the US. The issue here is weather or not Telcos should be able to censor content by refusing to provide access to their backbone. Verizon is refusing a Canadian ISP access to the backbone because they host a few websites that Verizon doesn't like.

    The websites are legal in Canada for sure. Should Verizon be allowed to do this? I don't think so. This is a slippery slope that nobody wants to end up at the bottom of.

  21. Re:Has Slashdot been duped? by dr_dank · · Score: 2, Funny

    "Minor-attracted adults" sounds a lot better than "perverts,"

    That it does. Why not rename the whole spectrum?

    Creepy flasher guy in the park - Genital Display Engineer
    Pedophile priest - Faith-based Genital Manipulation Facilitator
    Gary Glitter - Overly-Child-Friendly Entertainment Provider

    Any others?

    --
    Where does the school board find them and why do they keep sending them to ME?
  22. FCC ended Common Carrier status already by datatrash · · Score: 2, Informative

    I would have to go back and look this up, but after the Cable Companies won (overall) in the Brand X case and the SCOTUS said they did not have to be classified as common carriers, the DSL companies petitioned the FCC, and two months later the fcc reclassified DSL carriers as well, so they were no longer beholden to common carrier rules. there was a one-year carry over, where they would continue under the old rules, which, i think, just passed.

    This news.com story pretty much sums it up from summer of 05

  23. Re:Has Slashdot been duped? by dfghjk · · Score: 3, Informative

    I would add that the pages Mark Foley pursued were 17 years old and he has incorrectly been labeled a pedophile.

    You are exactly right of course. "Minor-attracted adults" aren't uncommon at all since "minor" is an arbitrary age that is typically older than the age of sexual maturity.

  24. Conspiracy Theory by JayBlalock · · Score: 2, Interesting
    OK, so Net Neutrality has more or less won, although without any legislation either way. At any rate, the tide of public opinion is massively against the ISPs.

    What if this is Verizon DELIBERATELY blowing their common carrier status as an end run?

    If it is, watch for them doing a lot more of this in the future. Then when they start blocking access to Google (or whateveR) they'll say, look, we're policing our own network now. We're NOT a common carrier.

    And thus kill Net Neutrality.

    I make no claims as to the correctness of this theory. It's just something that occured to me.

    --
    Bush: He's Liberal in all the wrong ways.
  25. Civil liability? by Lonewolf666 · · Score: 2, Interesting

    If I understand Common Carrier status correctly, it shields also against civil liability (as long as you comply with the DMCA when you get a takedown note). I think the real danger of losing CC status is that the RIAA might be able to sue you for the entirety of copyright violations on your network.

    Any lawyers, care to comment??

    --
    C - the footgun of programming languages
    1. Re:Civil liability? by kinzillah · · Score: 3, Informative

      But it does. Common carrier status is what protects them from all manner of illegal content passed via their network, be it illicit pornography, movies, or music.

      --
      Douglas P. Price
  26. Responsibility by Meph_the_Balrog · · Score: 5, Insightful
    If I yell "fire", and you panic, that's your fault

    Mod me to hell and gone, I don't care, but this is yet another prime example of people simply refusing to take responsibility for their own actions. How about you yell fire 10, 50 or a hundred times, till people get the "joke" and then on the 101st time, there really is a fire, and a crowded cinema full of people die, because they stopped believing you.

    Communication is an important thing, and it depends on meanings of words and short phrases. In certain circumstances, you actually want to be able to convey huge volumes of data with only one or two words. If someone deliberately and willfully tries to erode the data content of that word or phrase (by censorship, by the childish bullshit outlined by the parent, or even by propaganda/google bombing/whatever), then they all deserve to be slow roasted. Its hard enough to move ideas between people as it is, without additional static clouding things.
    1. Re:Responsibility by compro01 · · Score: 2, Insightful

      You mean like these ridiculous fire-drills we've all been doing since a child? Fire alarms don't even phase me now. I'll never believe there's a fire until I see the flames.

      i'm pretty sure that's the entire point, so that they basically train you to think whenever the fire alarm goes of "oh great. another fire drill..." in the event that there actually is a fire you'll just act like it was any other boring fire drill and calmly wander out.

      --
      upon the advice of my lawyer, i have no sig at this time
  27. Re:Has Slashdot been duped? by Anonymous Coward · · Score: 3, Insightful

    Thank you. Finally a voice of reason on here.

    People incorrectly toss around the "pedophile" label for anyone doing or thinking something they deem inappropriate with someone a lot younger than them. In reality, a pedophile is someone interested in pre-pubescent children... which is a whole 'nother category than a lot of those who get incorrectly labeled such.

    Amazing how many hypocrites on here will cry "burn in hell, pedophiles!" at someone interested in POST-pubescent minors, and then proceed to go jack off to Natalie Portman in Phantom Menace (she was 16-17 during filming), or Keira Knightley in Curse of the Black Pearl (she was 17 at the time)... or even Knightley in The Hole, where she goes topless at age 15.

    Truth of it is, we as males are attracted to youthful beauty. While pre-pubescent sexual attraction is a sickness in my opinion, it's natural that once the "girl" starts to become a "woman", our natural biology kicks in and desires/thoughts can't necessarily be helped. This whole "18" and "minor" and "age of consent" thing is an artificial creation of very-recent society. Just because stuffy gray old men in some marble building deem it illegal doesn't make it unnatural, wrong, or worthy of condemnation.

  28. More information of "Free Spirits" by StewedSquirrel · · Score: 4, Informative
    Here is a word-for-word copy of their webiste for those unwilling to visit:

    Creepy, but doesn't sound illegal to me...

    hy does BoyChat exist? Isn't it really about encouraging abuse?

    BoyChat is a forum in which boylovers can explore issues related to their sexuality and provide mutual support and companionship - to learn to lead productive lives in ways that help young people rather than harm them.

    BoyChat is not a board in which well-meaning social workers firmly guide people the way they think they ought to go. BoyChat is run by boylovers for boylovers. It encourages its posters to work freely through their own issues and questions. Participants will express a wide range of views. No post represents the views of anyone except the poster. No individual post can be considered typical. Occasionally extreme views will be expressed: these do not receive wide support and are usually strongly condemned. Such posts are often deliberately posted by people who wish to discredit the board.

    How do boylovers feel about child molestation?

    Free Spirits doesn't have official positions because we only exist to provide web sites and foster communication. There is an ethical consensus among the BoyChat community and the keepers of the sites, however, that all forms of non-voluntary sexual contact are to be condemned.

    Some participants on BoyChat voice their opinions that men should not have sexual contacts with boys when boys seek it because they don't want to risk society's harmful reaction. Some believe they should never have sex with boys under any circumstances. Others, especially those who sought out relationships with men as boys, say that some boys are harmed when their repeated requests for love and intimacy are rejected without explanation.

    Discussions on BoyChat delve deeply into ethical issues. No regular reader could fail to be aware of the ethical issues of his attraction. Victims of sexual abuse find not only support and caring, but also strong condemnation of their abusers. Posters who contemplate anything abusive get very short shrift from the rest.

    Participants are also very aware of the legal issues. They understand the extreme penalties for even the slightest physical contact or suspicion of sexual contact between adult and minor. They know about the knock on the door in the middle of the night, the removal of and destruction of property, the planting of evidence and the extraordinary mental and sometimes physical torture of possible victims. They know that boys, even if not already victims, will become so at the hands of the police in the name of child protection. Readers are aware of the bashings and rapes in prison; the informing of neighbours and employers and the sign in the yard, the modern Scarlet Letter. They are aware also of the enforced "therapy" that consists mainly of destroying the offender's sense of self worth with no chance of actually changing sexual orientation.

    What does Free Spirits hope to accomplish?

    In light of what we know about boylove and the difficulties boylovers face in current society, there must be places where boylovers can communicate positively and find emotional support. BoyChat is safe because it is anonymous. People don't have to show their faces if they don't want to. People who have bottled-up emotions are dangerous to themselves and others. Every once in a while, a non-boylover will read BoyChat and see that boylovers are human beings like all others. We let others watch us interact. This is good.

    What kind of people belong to Free Spirits?

    Nobody "belongs" to Free Spirits. Free Spirits is just a web site that a bunch of people maintain. The site is accessed by a diverse population from dozens of countries. The pages are used by people who are interested in the issues surrounding boylove. This means not only boylovers, but also many males who have had self-defined positive experiences as boys with men. Other participants include child abuse researchers, internet anti-pedop

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  29. Re:phone net neutrality..? by Anonymous Coward · · Score: 2, Informative

    It's the same debate as network neutrality. The telcos do not want to be common carriers any more, and have given up the legal protections in order to be media companies. In August 2005, the FCC gave in:

    http://hraunfoss.fcc.gov/edocs_public/attachmatch/ DOC-260435A1.pdf

    After lobbying by telcos like Verizon, they reclassified internet connections as "information services" rather than "telecommunications services", and ruled that common carrier principles do not apply.

    What Verizon did was completely legal. Common Carriers went away over a year ago.

  30. Re:Has Slashdot been duped? by LifesABeach · · Score: 2, Insightful

    Paedophiles are a matter for the F.B.I., and H.M.R.M.P, not for some spineless telco. I went over to the site, www.Epifora.com and saw no sexual oriented anything?! I can only wonder if this is some form of extortion, or someone has access to information that only the bad guys have access to. Civilians that know who the bad guys are, but do not inform law enforcement are just as bad as the bad guys, IMHO.

  31. I'll tell you what's perverted... by cr0sh · · Score: 3, Insightful
    America, and American society as a whole, is spinning around the drain. Personally, and sadly, I would love to leave this cesspool of apathy, hypocrisy, and ignorance. However, short of establishing my own personal colony on the moon (read: never going to happen), nowhere else on this planet is really any better. Thus, I figure I might as well stay and stand ground right here, on a battlefield that I at least have some familiarity with.

    Perverted Justice is getting thier way, and our society is eating it right up. These narrow-minded souls and others like them have already twisted the english language in such a manner as to cause (in many people's minds) to equate "pedophile" with "child molester", even though a simple etymological study of the words in question would quickly reveal that one has nothing to do with the other. I would think that here on Slashdot we geeks would be more intelligent than this. Then again, I might as well be Don Quioxte arguing about the differences between a hacker vs. a cracker. Even so, words help to define and propel thoughts, and what was once a valid word to describe a legitimate topic has now taken on a wholly wrong and sinister definition.

    Why on earth is it that our society can't seem to fathom the idea that there could actually be people out there who truely and honestly love children (without any sexual connotations), on a level that isn't just mere lip-service meant to console the consciences of the "think of the children" moral hypocrites? The fact that this self-same group targets and rallies against such people, while entrenching the concept of "pedophile=child molester", further gives lie to their hypocrisy: This process has little to do with "thinking of the children", and everything to do with "thinking of myself and my power". What these people hope to acheive with this power is anyone's guess, but I can guarantee it will not be something free-thinking people will enjoy.

    Instead, we are now a nation who constantly "thinks of the children", while simultaneously fearing them. This fear brings a cost onto our society, as such fear (ie, the legitimate fear of being branded a new-speak "pedophile") causes legitimate teachers and counselors to avoid working with children closely, doing what they do best - teaching, counseling, mentoring, and consoling. Our society, by deligitimizing contact between children and adults (including parents, on many occasions!), is slowly raising a generation of individuals who have never had honest adult guidance. Rather, the little guidance they may have had (from parents or others) was presented to them couched in fear, uncertainty, and doubt. These children aren't robots, they are picking up on these notions. One has to honestly wonder what effects such watered down (and dishonest through ommission) interactions will have on these children as they grow into adults. I sincerely doubt they will be good. In fact, it seems like it would serve to cause more of the same "for-the-children" behavior from these children-turned-adults, or it will flip 180 degrees from where it is today. Both of these outcomes are equally extreme, and neither are a world I want to live in.

    Despite all of these cries of "for the children", though, our society continues to turn a blind eye toward the other side of the coin: The sexualizing of children and youth by the media. We the people legitimatize it by doing nothing about it - by letting it continue and expand in scope. By continuing to buy (for ourselves, and for the children, too) and consume the products being advertised, we are effectively saying out of one side of our mouths "this is OK", but lest any member of that society espouse an attraction to these youthful portrayals, we pounce on them and decry "PEDOPHILE" - figuratively rending the individual who dared to utter such thoughts limb-from-limb (interestingly, though, this seems to only apply to certain sub-groups within the larger whole - but this goes well outside the scope of this rant). We ostracize them as a pariah to the group. T

    --
    Reason is the Path to God - Anon
  32. Speak for yourself. by /dev/trash · · Score: 2, Funny

    Peg Bundy was HOT. The original MILF.

  33. Re:i can drive any time i want to by Eskarel · · Score: 3, Insightful
    Franklin's quote says that anyone who gives up essential liberty for temporary security deserves neither.

    Driving drunk is not an essential liberty, and not having drunken idiots driving around all the time provides a hell of a lot more than temporary security. Since the liberty is not essential and the security is not temporary, Franklin's quote is not even partially applicable.