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Re: Breaking: Comcast Challenges FCC Order on Net Management Practices
From: David Farber <dave () farber net>
Date: Fri, 5 Sep 2008 18:14:44 -0400

Begin forwarded message:

From: DV Henkel-Wallace <david () abscott com>
Date: September 5, 2008 2:37:22 PM EDT
To: dave () farber net
Subject: Re: [IP] Breaking: Comcast Challenges FCC Order on Net Management Practices

By the way, when providers started implementing AUPs (back around 1991 or 1992 if I remember) did anyone seriously not believe we would end up here? They were the camel's nose in the tent:

- First it was that they could cut you off based on what you sent (i.e. if you were a spammer or scammer -- who wouldn't want that?). - Then they could restrict who contacted you (i.e. mandatory spam filtering with them making the decision -- well, who wants to receive spam?). - So now they can restrict you based on other criteria, (and sadly to most people that sounds sensible too).

If it were government action there are (theoretically) various mechanisms to constrain and manage any restrictions. But as the ISPs are private companies....


PS: John Gilmore I believe is the only one who really fought the spam controls, for this reason.

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: September 4, 2008 4:42:53 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Breaking: Comcast Challenges FCC Order on Net Management Practices

[Note: This was expected. Now we get to see if the Court sides with Comcast or the FCC. DLH]

Comcast Challenges FCC Order on Net Management Practices

Earlier today, Comcast filed a lawsuit with the U.S. Court of Appeals in Washington, D.C., that challenges the Federal Communications Commission's order concerning the cable operator's network management practices. In early August, the commission, on a 3-2 vote, determined that Comcast's targeting of peer-to-peer traffic resulted in the blocking of internet service to customers. Comcast has based part of its challenge of the FCC ruling on grounds that the agency did not make its decision using pre-existing legally enforceable standards or rules.

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