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Fairpoint Pledges To Violate Net Neutrality

wytcld writes "Fairpoint Communications, which has taken over Verizon's landline business in Maine, New Hampshire and Vermont, has announced that on February 6, 'AOL, Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third-party Web site. Instead, Yahoo! and other third-party e-mail will be accessed directly at the MyFairPoint.net portal.' Since Verizon spun off its lines to Fairpoint in a maneuver that got debt off of Verizon's balance sheets by saddling Fairpoint with it, there was concern by the public service boards of the three states about how Fairpoint would deal with that debt. Fairpoint's profit plan: force all Webmail users through Fairpoint's portal, by blocking all direct access to Webmail portals other than its own. Will Fairpoint's own search engine portal be next? What can stop them?"

58 of 249 comments (clear)

  1. I don't think so, Tim. by Ceiynt · · Score: 3, Insightful

    And as soon as there support lines are ringing non-stop, and they start losing some of thier bigger customers, that will stop pretty soon.

    1. Re:I don't think so, Tim. by Anonymous Coward · · Score: 2, Funny

      Your penis is small. It's a shame there's no cure for your inadequacies.

    2. Re:I don't think so, Tim. by LoadWB · · Score: 4, Insightful

      I was hit by the irony of the company name. Anyway, if I understand this correctly, this is a win-win situation for Verizon.

      FairPoint forces all web mail systems to funnel through its own portal, thus generating ad-generated and direct-marketing revenue streams. With this they can quickly eliminate any remaining debt. (And, of course, there are surely technological means around this -- tunneling, and so forth.)

      Or they piss off customers and those who can switch to another provider, will. The company becomes insolvent or sells to someone else.

      Either way, the debt is already the problem of someone other than Verizon.

      Although, I think the bigger question is what happens to, and who safeguards, all of the data and personal information which will easily be harvested using a web mail proxy-portal?

    3. Re:I don't think so, Tim. by alc6379 · · Score: 2, Insightful

      Yeah... but I think that's called vandalism.

      I don't know if telecoms providers like this are subject to any type of laws about interfering with utilities, but I'm pretty sure even if you got the effect of decreasing uptime and causing them grief, you're probably going to wind up in some kind of serious legal trouble, and possibly be liable for the financial consequence of fixing those lines....

      --
      I don't moderate anymore. Karma penalty for 90% fair mods? Can I mod that unfair?
  2. what can stop them by portscan · · Score: 5, Insightful

    watching their customers dropping like flies...

    1. Re:what can stop them by Repossessed · · Score: 4, Interesting

      How many of their customers are in areas with only one non dialup provider?

      I doubt this will last though, Fairpoint isn't big enough to stand up against MSFT's legal department, and the Tier 1 contract probably requires them to be a neutral provider.

      --
      Liberte, Egalite, Fraternite (TM)
    2. Re:what can stop them by jez9999 · · Score: 3, Funny

      this opens the door to ISP blocking of all sorts of different on-line services that these Big Players are steaking their futures on.

      They're opening some kind of food website?

    3. Re:what can stop them by ScrewMaster · · Score: 2, Funny

      foodnetwork.com isn't working for some odd reason now...

      Trye "foodpoint.com" instead.

      --
      The higher the technology, the sharper that two-edged sword.
  3. This wont effect me at all. by deft · · Score: 4, Insightful

    Which is why I'm not looking for a new provider right now.

    if it did, I'd be looking up new plans in my area. Thats just rediculous. They are altering and restricting service, with no added benefits anywhere?

    The competitors should be advertising that they arent fairpoint as their best marketing campaign ever.

    --

    There's nothing Intelligent about Intelligent Design.
    1. Re:This wont effect me at all. by jonadab · · Score: 2, Interesting

      > The competitors should be advertising

      They're *the* local telephone company across multiple states. They have no direct competitors in that market.

      I suppose cellular providers and cable providers will try to take advantage of this, but cellphonscht kshcht bzsakt shchtkischt rural kschischt bzczoscht, and cable providers only offer internet and maybe VOIP (err, and television if you're into that), which in the general case are not necessarily very good substitutes for an actual phone line.

      Having said that, the fact that Fairpoint is a spinoff from Verizon makes me very glad I stopped doing business with Verizon a couple of years ago. This is a cut and dry case of abusing a monopoly in one market (phone lines) to elbow your way into (and competitors out of) another market (email), so hopefully they'll get the book thrown at them good and hard. Full-blown net neutrality may not even be necessary in this particular case; standard antitrust regulation should be good enough, I would think. (But IANAL,ATINLA.)

      --
      Cut that out, or I will ship you to Norilsk in a box.
    2. Re:This wont effect me at all. by __aasqbs9791 · · Score: 4, Funny
      Okay, I just have to ask, is this:

      ... but cellphonscht kshcht bzsakt shchtkischt rural kschischt bzczoscht, and ...

      and internet meme I just haven't heard of yet, or did you have a stroke?

    3. Re:This wont effect me at all. by Daimanta · · Score: 4, Funny

      "[...]but cellphonscht kshcht bzsakt shchtkischt rural kschischt bzczoscht, and[...]"

      WTF!?

      Why would you use a comma before the word 'and'?

      --
      Knowledge is power. Knowledge shared is power lost.
  4. Send luncheon meat to these addresses by Anonymous Coward · · Score: 3, Informative

    Fairpoint contact addresses:

    Northern New England

    521 E. Morehead Street,
    Suite 240 Box #29,
    Charlotte, NC 28202
    Email: information@fairpoint.com

    Corporate

    521 E. Morehead Street,
    Suite 250 Box F,
    Charlotte, NC 28202
    Email: information@fairpoint.com

    Also tell everyone you know about, Streisand effect, tor, ssh tunnels, and other anti censorship tools.

    1. Re:Send luncheon meat to these addresses by whoever57 · · Score: 4, Informative

      Also, with such tactics, doesn't an ISP lose "common carrier" status

      I can't recall how many times I have posted that ISP's don't have common carrier status. They don't need common carrier status for protection under the DMCA.

      Whoever modded up the parent: YOU FAIL!

      --
      The real "Libtards" are the Libertarians!
  5. Good thing by dreampod · · Score: 5, Interesting

    I think that ultimately this is good for the case for Net Neutrality. It is a blatant move that blocks access rather than slowing it which will provoke an outcry even from the computer illiterate. This gives a real world example of what can happen without Net Neutrality to hit back against tiered internet supporters who claim that there will be no real downsides if we allow companies to boost their bottom lines at the expense of consumers.

    1. Re:Good thing by mysidia · · Score: 3, Insightful

      My guess is users attempting to navigate to Yahoo's mail site are simply redirected to Fairpoint's portal page, so their access isn't blocked, and the average clueless luser may not notice a thing

      (other than the page looks different)

    2. Re:Good thing by rolfwind · · Score: 4, Insightful

      I wouldn't even call it net neutrality, it makes it an internet issue while this is just plain old common carrier (this was a previous article recently somewhere). I, as a telephone customer, call whoever I want. AT&T can't stop a call and say "Sorry, that's not a customer of ours or an approved partner, sorry. Call someone else."

      It is not the googles and amazons of the world "calling" various internet surfers and demanding attention. It's the internet surfers who go out and "call"/retrieve the web pages they want. As soon as an ISP blocks that, they are not providing the internet they promised and lose common carrier status and the legal benefits it occurs by staying neutral and not checking what web pages are retrieved.

      I hope Fairpoint goes through with this and gets their ass handed to them.

    3. Re:Good thing by Miseph · · Score: 5, Informative

      "As soon as an ISP blocks that, they are not providing the internet they promised and lose common carrier status and the legal benefits it occurs by staying neutral and not checking what web pages are retrieved.'

      Can't lose what they never had. ISPs don't have, and aren't required to have, common carrier status; the idea was floated, but they shot it down because, frankly, it would cost an awful lot of money and create criminal penalties for failing to meet service guidelines. They DO get some protections from the DMCA safe harbor provisions which are similar to those given to common carriers, but they are slightly different and DO NOT require ISPs to retain any sort of common carrier status.

      Basically, common carrier is achieved by guaranteeing that transmissions will be delivered to the intended recipient without any sort of interference or monitoring on the part of the carrier, as well as meeting certain requirements for uptime and maintenance, and the free provision of service for the purpose of emergency communications (ie. 911 calls), and the protection given is that common carriers cannot be prosecuted for any crimes which are committed with the use of their services no matter how heinous or large in scale. The safe harbor provisions are achieved simply by connecting users to the internet, and only grant protection from civil suits regarding copyright infringement by users on their large and potentially semi-monitored (there are rules regarding monitoring, but they do not forbid all monitoring of traffic, merely on taking action with regards to certain aspects of it) network.

      --
      Try not to take me more seriously than I take myself.
    4. Re:Good thing by LoadWB · · Score: 4, Insightful

      When I worked ISP tech support, I used to get calls from customers asking me to give them their passwords. After several minutes of confusion, I would discover the customer meant his Yahoo! (or Hotmail, or whatever) password. I would explain that we do not have that information as he is using a third-party system. To which the reply would come, "well, you're my Internet provider, aren't you?"

      FairPoint... all I can say is you better have plenty of aspirin and therapy coverage for your employees.

  6. Not gonna happen by assemblerex · · Score: 2, Informative

    Vermont's motto is "Freedom and unity". I don't think they have a snowball's chance in hell of doing this.

    1. Re:Not gonna happen by Terminal+Saint · · Score: 3, Informative

      Let's not forget New Hampshire's "Live Free or Die."

      --
      It's sad when choosing an installation directory on your own qualifies you as an "advanced user."
    2. Re:Not gonna happen by Firehed · · Score: 5, Informative

      And as someone currently in NH who lived in VT for most of his life, I'll point out that, by and large, the only people who actually believe in those mottos are growing-pot-on-the-porch hippie types that nobody takes seriously, and suffice to say aren't exactly internet-savvy.

      FWIW, I did see a bumper sticker on a Verizon service van saying something to the general effect of "Fairpoint is the only company worse than we are!" and had to agree. Even still, you're lucky to have one option for a broadband provider in many parts of VT and NH, let alone two. I can't speak for Maine but assume it's about the same.

      HOWEVER, after looking at TFA (ignore sig, please), it looks like a quote has been pulled wildly out of context:

      Starting Jan. 31, users of e-mail software applications like Microsoft Outlook can begin adjusting their e-mail settings. The process can be automated by visiting www.activate.MyFairPoint.net/emailupdate and following the instructions. Users can also update their settings manually.

      Web-based e-mail users can continue to access their e-mail at the Verizon Web site until Feb. 6. After that date, Fastiggi said users will need to log on to www.MyFairPoint.net. Customers then click on Web mail and type in their existing user name@myfairpoint.net and existing password.

      AOL, Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third party Web site. Instead, Yahoo! and other third party e-mail will be accessed directly at the MyFairPoint.net portal.

      Fastiggi said e-mail will automatically be forwarded from a customer's Verizon e-mail address to myfairpoint.net for three months, until April 30.

      Sounds like all that's going to happen is Verizon will be killing off their portal which was previously doing some level of integration w/ AOL, Y!, and MSN, and those who have been bought out by Fairpoint will no longer be able to use it. Which makes sense, as they're no longer Verizon customers.

      --
      How are sites slashdotted when nobody reads TFAs?
  7. No it doesn't. by barfy · · Score: 5, Informative

    Did anyone read the article???

    Verizon provided a service to IT'S customers where they can read webmail of another provider on their web page. Fairpoint is saying that after x date that if you still want that kind of service you have to go through THEIR web page. You can still go to Yahoo, Gmail, AOL, and Hotmail, and read your mail from those pages directly.

    This is NOT a net neutrality issue. It is an added feature provided by the provider.

    I for instance have NEVER used any of my ISP features, as I have separate email provider. Nothing Changes.

    Shenanigans!
    Happy New Year

    1. Re:No it doesn't. by Trahloc · · Score: 4, Insightful

      Did *you* read the article?

      "... will no longer be able to access their e-mail through the third party Web site. Instead, Yahoo! and other third party e-mail will be accessed directly at the MyFairPoint.net portal."

      Sounds pretty straight forward to me. You wont be able to go to mail.yahoo.com, you'll have to go to allyourbasebelongtous.MyFairPoint.net to access your yahoo email.

      --
      The Goal: A long simple life filled with many complex toys.
    2. Re:No it doesn't. by Timothy+Brownawell · · Score: 2, Insightful

      Verizon provided a service to IT'S customers where they can read webmail of another provider on their web page. Fairpoint is saying that after x date that if you still want that kind of service you have to go through THEIR web page. You can still go to Yahoo, Gmail, AOL, and Hotmail, and read your mail from those pages directly.

      Article says:

      Web-based e-mail users can continue to access their e-mail at the Verizon Web site until Feb. 6. After that date, Fastiggi said users will need to log on to www.MyFairPoint.net. Customers then click on Web mail and type in their existing user name@myfairpoint.net and existing password.

      AOL, Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third party Web site. Instead, Yahoo! and other third party e-mail will be accessed directly at the MyFairPoint.net portal.

      So, (1) customersl ISP email addresses are changing, and (2) people with certain non-Fairpoint webmails will have to read their email through MyFairPoint.net instead of "the third party Web site" which I take to mean the AOL/MSN/etc site ("third party" being, not Fairpoint or the subscriber).

      I DID RTFA, and it certainly seems to be saying what you say it isn't. Do you have a better-worded article?

    3. Re:No it doesn't. by pm_rat_poison · · Score: 5, Funny

      allyourbasebelongtous.MyFairPoint.net

      I'm pretty sure that would give you a 404. The correct url is
      allyourbaseAREbelongtous.MyFairPoint.net

    4. Re:No it doesn't. by techno-vampire · · Score: 5, Insightful

      Yes, I did RTFA, but unlike you, I did so with an open mind. Before the part you quote, it says, " Web-based e-mail users can continue to access their e-mail at the Verizon Web site until Feb. 6." In that context, it looks to me as though the Verizon webmail page is the "third party Web site" referred to. I'll grant that it's not written as clearly as it should be, but it does make more sense than the interpretation in the summary. Cutting off access to other provider's webmail site while allowing unhindered access to all of their other content just doesn't make sense. Telling new customers that if they want their third-party email on their homepage they need to use yours instead of their other providers does. My guess is that when the dust clears this will turn out to be Yet Another Slashdot Tempest In A Teapot.

      --
      Good, inexpensive web hosting
    5. Re:No it doesn't. by Unoriginal+Nick · · Score: 5, Insightful

      Read the paragraph before it. The "third party Web site" is referring to the Verizon web site, not Yahoo, MSN, etc. This is a non-story.

    6. Re:No it doesn't. by ptbarnett · · Score: 2, Insightful

      Sounds pretty straight forward to me. You wont be able to go to mail.yahoo.com, you'll have to go to allyourbasebelongtous.MyFairPoint.net to access your yahoo email.

      I think the article is wrong, having been written by a typical clueless journalist.

      This sounds like Verizon subscribers were getting some sort of "partner" package with Yahoo, MSN, and/or AOL -- i.e. certain things like email service were out-sourced.

      My father was offered the same deal with Southwestern Bell (now AT&T) DSL. I steered him away from it.

    7. Re:No it doesn't. by mysidia · · Score: 2, Insightful

      Did *you* read the article?

      Frequently the authors of such articles are not very technical and don't understand all details of the situation.

      It is eminently plausible that the author of the article was confused, AND Fairpoint was talking about the third-party Verizon portal for accessing Yahoo mail and other webmail services.

      In fact... it's much more likely than that an ISP would go to measures to block third-party webmail sites

      Which would be extremely unpopular among subscribers, and might upset the third-party webmail services, causing them to take action against the ISP, i.e. by blocking access through the unauthorized "portal" site

    8. Re:No it doesn't. by Firehed · · Score: 2, Informative

      Context is really damn important, and you're using even less of it than the summary. The third party website in question is a Verizon portal, not AOL/Y!/MSN's respective sites.

      Of course, Rutland VT (where TFA comes from) isn't exactly known for being tech-savvy, so the meaning could have been a bit clearer, but read enough of it and it's fairly clear. I go into it a bit more in a post above, but this quote without creative trimming makes it fairly clear what the intent is:

      FairPoint spokeswoman Beth Fastiggi said Friday that Internet customers will keep their existing user names and passwords but will use a different domain: myfairpoint.net.

      Starting Jan. 31, users of e-mail software applications like Microsoft Outlook can begin adjusting their e-mail settings. The process can be automated by visiting www.activate.MyFairPoint.net/emailupdate and following the instructions. Users can also update their settings manually.

      Web-based e-mail users can continue to access their e-mail at the Verizon Web site until Feb. 6. After that date, Fastiggi said users will need to log on to www.MyFairPoint.net. Customers then click on Web mail and type in their existing user name@myfairpoint.net and existing password.

      AOL, Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third party Web site. Instead, Yahoo! and other third party e-mail will be accessed directly at the MyFairPoint.net portal.

      Fastiggi said e-mail will automatically be forwarded from a customer's Verizon e-mail address to myfairpoint.net for three months, until April 30.

      --
      How are sites slashdotted when nobody reads TFAs?
    9. Re:No it doesn't. by Lumpy · · Score: 3, Insightful

      Exactly. they are shutting down VERIZONS integrated email portal. NOT blocking access to mail.yahoo.com

      The whole story headline is a troll and should be voted down.

      --
      Do not look at laser with remaining good eye.
    10. Re:No it doesn't. by Paradise+Pete · · Score: 2, Insightful
      I agree that most likely the reporter simply got it wrong, but these two sentences, especially with the instead link, certainly imply that Yahoo is one of the third parties whose email will not be available except through fairpoint.

      Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third party Web site. Instead, Yahoo! and other third party e-mail will be accessed directly at the MyFairPoint.net portal.

    11. Re:No it doesn't. by Trahloc · · Score: 3, Insightful

      Hmm well I read it as you can still use the "third party" email systems as meaning all those companies listed, such as yahoo. You just need to access it via the isp's portal. Now its possible the writer of that release whipped it up in 5 minutes without proof reading it for clarity so you might have the right of it... but strangely I'm going to continue leaning towards /.'s interpretation until proven otherwise. Better to holler and shout and be wrong than stay silent and be proven right when your no longer able to access your email on the official site.

      --
      The Goal: A long simple life filled with many complex toys.
    12. Re:No it doesn't. by techno-vampire · · Score: 3, Insightful

      No. If you were using Verizon's webmail page you're going to have to change to Fairpoint's. If you weren't, nothing changes.

      --
      Good, inexpensive web hosting
    13. Re:No it doesn't. by Jarik+C-Bol · · Score: 2, Informative

      DING! and we finally get someone who gets it. Verizon has the same deal going on as the fabled "ATT/Yahoo!" DSL package. you get ATT DSL, with a deranged ATT frontend for Yahoo's services. So what you have in the article, is Verizon internet, with a Verizon frontend for Yahoo, MSN or AOL. now, since Verizon sold off its responsibility for this frontend business to FairPoint, the yahoo.verison.blah frontend is going to become yahoo.fairpoint.blah or somsuch. verizon was the third party website, Yahoo.com can't very well be a 3rd party website to its own services now can it? now, Fairpoint is the third party website. thank you and good night.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
  8. Re:(un)Fairpoint's Profit Plan by BSAtHome · · Score: 5, Funny

    No, no, there is no secret sauce; let me have a crack at it for you:
    1) Irritate your customers by reducing their connectivity
    2) get into greater debt
    3) ask for Govt. bailout package
    4) profit
    5) get bought by competition to salvage the broken pieces
    6) more profit

  9. So who sues them first? by Timothy+Brownawell · · Score: 2, Interesting
    1. AOL
    2. Yahoo!
    3. MSN/Microsoft
    4. A class-action by their subscribers
    5. the FTC
    6. the FCC

    ...why didn't I see Gmail on their list?

    1. Re:So who sues them first? by Tubal-Cain · · Score: 4, Funny

      Maybe they don't acknowledge beta products.

    2. Re:So who sues them first? by Timothy+Brownawell · · Score: 2, Funny

      1. AOL
      2. Yahoo!
      3. MSN/Microsoft
      4. A class-action by their subscribers
      5. the FTC
      6. the FCC
      • United Grammarians of America sues the Herald for misleading use of "third party".
  10. Re:Well, as they say... by calmofthestorm · · Score: 4, Insightful

    Sure, just have the government hand me a monopoly and free lines and I'll get started!

    --
    93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
  11. I doubt it by carlzum · · Score: 4, Insightful

    I'll reserve my judgment until I see this reported in a better source. This article is written so poorly I suspect the author has no idea what his misstatement implies. If FairPoint is planning to block major webmail sites, the Rutland Herald missed out on a huge story. They seem to be the only news source with this information.

    Look at what other sites are reporting about this deal. "In Maine, regulators have alerted FairPoint that it will be scrutinized more closely than probably any other utility in the state's history." If true, the details will come to light quickly as this hits the major news outlets.

  12. Re:I present by Z00L00K · · Score: 4, Informative

    I see this as an experimental issue from them, and that means that if they don't have an outrage from their users then it's OK to not have a net neutrality and that we soon will see others following them.

    Personally I think that they are shooting themselves in the foot just to later discover that they have burnt all their bridges.

    So in order to complain about this I think that anybody disagreeing should send an email to their contact email address: information@fairpoint.com.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  13. I live in Vermont and have Fairpoint by hansoloaf · · Score: 5, Informative

    I got their mailer and here what it says :

    Yahoo!, AOL and MSN or Other Third-Party Portal Users

    On Jan 31, 2009, you'll still have access to Yahoo!, AOL, and MSN content, but you'll no longer be able to access your email directly through the third-party portal. Instead, you'll now have access to the new MyFairPoint.net portal.

    Beginning January 1, 2009, we'll start the migration of all Verizon-Yahoo! emails and settings to your new FairPoint WebMail account. You'll be able to access your FairPoint WebMail on this date, but your Verizon-Yahoo! messages may not be transferred until later in the month. Please check your new inbox periodically to find out when your messages are moved. The migration is expected to be complete by January 31, 2009.

    1. Re:I live in Vermont and have Fairpoint by Skapare · · Score: 3, Interesting

      Yahoo!, AOL and MSN or Other Third-Party Portal Users

      On Jan 31, 2009, you'll still have access to Yahoo!, AOL, and MSN content, but you'll no longer be able to access your email directly through the third-party portal. Instead, you'll now have access to the new MyFairPoint.net portal.

      If you were using the VERIZON third-party portal to access your email that is located at Yahoo!, AOL and/or MSN ... since you are no longer a customer of VERIZON, and instead are now a customer of FAIRPOINT, third-party access mechanism is now through FAIRPOINT's service. In other words, Fairpoint is going to be providing a similar kind of service that Verizon did.

      I'm sure there will be problems for people with email addresses "@verizon.net". There should not be problems for people using other email addresses. I see nothing in this that says people cannot go to Yahoo!, AOL, or MSN directly for email address originally established through those providers (e.g. youremailaddress@aol.com). If such email accounts were previously restricted such that they could ONLY be accessed via the VERIZON web site, I could understand them being similarly restricted to the FAIRPOINT website. But as for people having their email addresses changed, I can't see that affecting anyone other than those who have an "@verizon.net" address.

      --
      now we need to go OSS in diesel cars
    2. Re:I live in Vermont and have Fairpoint by florescent_beige · · Score: 2, Insightful

      Perhaps this might explain something:

      https://login.yahoo.com/config/login_verify2?.partner=vz-acs&.done=http%3a//verizon.yahoo.com

      Verizon and Yahoo have some sort of integrated portal.

      Non-story.

      --
      Equine Mammals Are Considerably Smaller
  14. Re:(un)Fairpoint's Profit Plan by Guil+Rarey · · Score: 2, Interesting

    ...pretty much, yeah.

    Which is why it took about exactly one encounter with Fairpoint customer dissservice for us to completely dump them as any kind of service provider whatsover and switch everything over to our cable provider.

    --
    Do not taunt Happy Fun Ball
  15. Re:ISPs don't have common carrier status?? by ishobo · · Score: 4, Informative

    From http://www.cybertelecom.org/ip/dmca.htm:

    Common carrier law establishes, among other things, that the carrier is not liable for the contents of the goods carried. Common carriers have historically come in many flavors: roadhouses (hotels), trucks, trains, telegraph networks, postal services, and telephone networks.

    In recent history, common carrier law has had a focus on communications networks. Communications common carriers (aka telephone networks or historically Ma Bell) are regulated under the Communications Act of 1934. [Title 47 United States Code] In the communications context, Internet networks are not common carriers and are therefore not regulate by the FCC. This created a tension. Internet networks looked, tasted, and smelled like classic common carriers, transporting goods without ownership of or responsibility for the goods transported. But Internet networks did not wish to be considered common carriers in the communications context. This has led to a schizophrenic legal approach that has addressed the liability of networks on a case by case basis, avoiding any classification of common carriage. Congress has consistently concluded that Internet networks should not be liable for the third party content that they carry. The Communications Decency Act created a defense to liability for third party content in the context of liable and defamation. Legislative proposals with regard to Internet gambling generally provide a defense to prosecution for networks that merely provide access to content including Internet gambling without being responsible for that content. And the Digital Millennium Copyright Act created defenses to liability for third party content where ISPs comply with certain provisions of the DMCA.

    This has created an interesting dichotomy where, with regard to the content transmitted, ISPs are essentially common carriers; with regard to the communications networks underneath the Internet ISPs are not common carriers.

    --
    Slashdot - The great and glorious cluster fuck of Internet wisdom.
  16. Re:I present by Larryish · · Score: 2, Insightful

    Personally I think that they are shooting themselves in the foot just to later discover that they have burnt all their bridges.

    ...will they be up a creek without a paddle?

  17. Re:I present by nacturation · · Score: 5, Insightful

    I don't see the problem with what Fairpoint is doing. They have every right to filter all communications through their portal if they so wish. I think Fairpoint's upstream providers should do the same so that we'll see this soon:

    A spokesperson from Level 3 Communications had the following to say, "We wholeheartedly endorse Fairpoint's limitations they are imposing on their Internet users by requiring them to access common webmail sites through the MyFairPoint.net portal." The spokesperson continued, "Following their example, we are pleased to announce that access to the MyFairPoint.net portal will only be allowed through the MyLevel3.net portal and are working with Fairpoint's other upstream providers to implement similar restrictions."

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  18. Re:(un)Fairpoint's Profit Plan by Blancmange · · Score: 4, Funny

    Well, the "Fair" in Fairpoint's name is a bit like the "Honest" in Honest John's Used Cars.

    --
    Blancmange
  19. TFA is ambiguous and likely misunderstood by Cacadril · · Score: 2, Insightful
    I guess the poster has misunderstood. I also guess the text invites misunderstandings.

    Usually, there are two parties to an agreement, and third parties are all others. But when an agreement between A and B is changed to an agreement between A and C, becase B sold its part to C, then there are suddenly three parties, until everyone forgets B ever was part of the deal.

    To complicate matters even more, there are multiple agreements here, one between the user (A) and Verizon/Fairpoint (B/C), and another between the user and (say) Yahoo. With respect to the second deal, Verizon and Fairpoint are third parties. With respect to the first deal, Yahoo, MSN, etc are third parties.

    NOW tell me what "third party web site" the users will no longer have access to, or will no longer access their emails through.

    I guess the real meaning is that Verizon had a web portal in which Yahoo and some other webmail providers was integrated, so that users could have the impression that Verizon was doing an email service. Now Verizon is closing its site, and Fairpoint is taking over, providing a new portal with similar integrated access to yahoo etc.

    --
    There is no substitute for common sense. Especially, no body of rules will do.
  20. Re:I present by dgatwood · · Score: 5, Informative

    If you read far enough down in the replies, you'll find out that the entire Slashdot story is completely bogus. They're shutting down access to Verizon's web portal. Users will get their ISP email from a different site. Users of MSN, Yahoo, etc. will no longer be able to use those services' IMAP support to get their email from Verizon because the company is no longer part of Verizon. Therefore, if they are using a third-party site to access their Verizon email, they will now have to use the Fairpoint webmail interface for their webmail.

    This, of course, raises questions about why they can't just use IMAP from the Fairpoint servers, which probably implies that the new Fairpoint service doesn't provide IMAP from outside the network, but while that would suck, it's hardly on the same scale as blocking web portals to dozens of web-based email services, some of which cannot realistically be re-served using a Fairpoint web front end because they don't provide IMAP..... The "violate net neutrality" interpretation of the article makes absolutely zero sense....

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  21. Re:I present by dgatwood · · Score: 3, Informative

    Or as Cacadril wrote right below this while I was composing my previous message, it may well be that the Verizon service provided integrated access to MSN/Yahoo/GMail from within their webmail and that they'll have to use the new ISP's version of that service instead of Verizon's because they're losing access to the Verizon portal. I find that explanation a little dubious since AFAIK MSN doesn't provide IMAP (making a Verizon-provided web front end difficult), but that is a million times more plausible an explanation than the ridiculous notion that an ISP would deliberately block access to MSN, Yahoo, and Google's webmail services....

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  22. Inaccurate! by ThinkingInBinary · · Score: 4, Informative

    The summary is inaccurate. Verizon offers MSN and Yahoo! "extras", which basically integrate MSN and Yahoo into their own portal. (I know this, as I am a customer.) All they're saying is that, instead of using Verizon's web portal, they'll be using Fairpoint's, since they're now being served by Fairpoint instead of Verizon.

    There is no network neutrality violation here.

  23. Re:ISPs don't have common carrier status?? by mrchaotica · · Score: 2, Insightful

    This is the first time I've come across this issue, and it begs the question - WHY THE HELL AREN'T ISPs CONSIDERED COMMON CARRIERS??? The way I see it, they've just given them the protections of a common carrier without any of the requirements. Interestingly enough, giving them common carrier status would solve the network neutrality problem:

    Answer: ISPs have lobbyists. Welcome to America: government for the highest bidder.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  24. FairPoint Blocking Access to Web Portals by tchazzard · · Score: 2, Interesting

    Hello:

    What is the source of the quote "Fairpoint's profit plan: force all Webmail users through Fairpoint's portal, by blocking all direct access to Webmail portals other than its own." This is flat out incorrect. No where in the communication did it state that FairPoint would block access to other portals. Rather the point was that FairPoint, unlike Verizon, is not going to ask a user to select a co-branded portal at the time they sign up. These co-branded portals included MSN, AOL, and Yahoo! A Verizon customer could always just select the Verizon Central portal. FairPoint, like more traditional ISPs, will have their own portal which provides access to their web mail client and other services such as account maintenance. A user is free to head to any and all other web sites they desire to visit, can POP their email, etc. So please check the facts before posting some half baked comment.

  25. Re:I present by FictionPimp · · Score: 2, Funny

    I thought Net Neutrality was a bad thing and we should just trust that big business always have our best interests at heart.