I'm not sure that "stock's" solution is the correct one. One thing is clear, this kind of behavior invites government regulation that both companies and many of their competitors will like a great deal less than whatever real or imagined slights Level 3 and Cogent are arguing about now.
The simple bureaucratic solution (my last choice) is to outlaw depeering and set up a regulatory process to force companies to treat each other "fairly" so that the little guys don't get trampled in behemoth fights.
Does anyone know the rational for the cable law requiring the higher standard of Clear and Convincing to obtain a warrant rather than the usual Search Warrant standard of Probable Cause? The Fourth Amendment only requires probable cause, but a good rational might be used to get the standard raised to clear and convincing evidence for all internet related searches.
Certainly, at minimum, the government must not be allowed to intercept email or determine what web sites you use without a warrant supported by an affidavit containing at least probable cause to believe that you are breaking the law. It should make no difference what the medium is - search your house for paper, search your ISP's server for your email or what have you. All of it, under the Fourth Amendment, should require at least that level of judicial oversight.
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I'm not sure that "stock's" solution is the correct one. One thing is clear, this kind of behavior invites government regulation that both companies and many of their competitors will like a great deal less than whatever real or imagined slights Level 3 and Cogent are arguing about now.
The simple bureaucratic solution (my last choice) is to outlaw depeering and set up a regulatory process to force companies to treat each other "fairly" so that the little guys don't get trampled in behemoth fights.
They are...
Does anyone know the rational for the cable law requiring the higher standard of Clear and Convincing to obtain a warrant rather than the usual Search Warrant standard of Probable Cause? The Fourth Amendment only requires probable cause, but a good rational might be used to get the standard raised to clear and convincing evidence for all internet related searches. Certainly, at minimum, the government must not be allowed to intercept email or determine what web sites you use without a warrant supported by an affidavit containing at least probable cause to believe that you are breaking the law. It should make no difference what the medium is - search your house for paper, search your ISP's server for your email or what have you. All of it, under the Fourth Amendment, should require at least that level of judicial oversight. . .