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[ NNSquad ] Re: Speculation, how AT&T can implement "copyright filtering"


Traffic shaping is a nice term for retrofitting some theory onto the
network. This is the insidious face of NNN (NonNetworkNeutrality). One can
argue that Comcast is merely shaping the traffic. We also have other
euphemisms like level 4 routing. We also see well-meaning protocols like
MPLS that attempt to bring circuits back into the Internet because to a
telephone company everything is a telephone call.

If you read through the terms of service you'll found them extremely
problematic. IANAL so I can't classify them in terms of enforceability but
to a larger extent they are ignored and unenforceable. I'm not allowed to
say bad things about Verizon on Usenet for example. These are the same
conditions that prohibited home networks, web cams etc. 

I do find terms saying that you promise to use the network only for legal
purposes to be require I give up my constitutional right against
self-incrimination -- can any lawyer explain why I must plead guilty until
proven innocent?

Verizon may say good words but the Comcast also said they would not
interfere with traffic and argue they don't. This is why I keep pointing out
that NN violations are symptoms of deeper problems and not the issue in
themselves.

-----Original Message-----
From: nnsquad-bounces+nnsquad=bobf.frankston.com@nnsquad.org
[mailto:nnsquad-bounces+nnsquad=bobf.frankston.com@nnsquad.org] On Behalf Of
Cliff Sojourner
Sent: Thursday, January 31, 2008 01:04
To: Kevin McArthur
Cc: nnsquad@nnsquad.org
Subject: [ NNSquad ] Re: Speculation, how AT&T can implement "copyright
filtering"

Kevin McArthur wrote:
> Verizon: We don't want to play copyright cop on our network
>
> http://www.news.com/8301-10784_3-9861402-7.html
>
> Apparently not all carriers are so eager to start playing with 
> intermediary liability.
now the conversation here on nnsquad has turned full circle...  in the 
beginning of this list we discussed "common carrier" and "carrier 
immunity" from liability of content (porn or copyright). 

again, carriers can't have it both ways:  it's really simple, don't mess 
with my bits, or else you are liable for the content.  don't mess with 
my bits means no packet forgery, and no disruption of payload bits.  no 
packet forgery based on source or destination.  no messing with protocol 
streams.  and gawd, no inserting advertisments in web pages.

providers can shape the traffic, according to our agreed terms of 
service, but they must be clearly stated and agreed to.  you can not 
shape by source or destination.

pretty simple.  tell me again, what is all the discussion about?