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Looking at the RIAA/DCMA from a different POV


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10/15/2003 2:04 PM
SpeedRacer Looking at the RIAA/DCMA from a different POV
- that of the carriers. I thought this was worth looking at for folks interested in the issue as many (incl me) are not familiar with the traditional legal issues surrounding telecoms.  
 
http://www.nwfusion.com/columnists/2003/1013johnson.html
 
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10/15/2003 2:14 PM
SpeedRacer Re: sorry - 1 more..
meant to incl this.. good history lesson. :)  
 
http://www.nwfusion.com/newsletters/fileshare/2003/0929p2p2.html
 
10/17/2003 9:25 PM
Dutch

Speedo-  
Interesting stuff. So the DMCA is pretty much in direct violation of the Telecommunication laws and the individual's right to telecommunicate?  
 
We should all write our Congressman and complain about it, and try to get the DMCA repealed, and get damages awarded to the folks the DMCA has screwed over....  
 
C ya,  
Dutch
 
10/18/2003 1:17 AM
SpeedRacer
So the DMCA is pretty much in direct violation of the Telecommunication laws and the individual's right to telecommunicate?  
 
Not 100% sure on that, but the way law applies to the common carriers was a surprise to me - the fact that in general they can't cut someone off even for 'bad' behavior due to the speech issues. One of the security lists I've been involved with spent a lot of time talking about the need to be able to drop customers who spoof their IP, send SPAM or do other unwelcome things. There have to be consequences and it's important to protect ones other clients (I say it's your fiduciary duty since you (the ISP) are interconnecting them..) I am not sure *which* carriers this applies to. For ex, my SLA with Internap specifies they can admin down my circuit if bad stuff starts spewing from my netblocks. I have to be notified and have like 15 minutes to fix it (ie pull the cable!) myself. the other carriers I connect to are different in their standards, but have similar (if more vague) language. Internap is not a common carrier though; they are the largest customer of the common carriers (AT&T, Sprint, Quest, Genuity, C&W, MCI(UUnet), etc) they're a private network with private peering points. How does this affect the law? Does it flow down to 2nd and 3rd tier carriers? Internap, Savvis, Verizon? SNET? Cablevision? I have no idea. The first amendment stuff is probably important enough not to mess with. Imagine the precedent set by the RIAA/DCMA.. some special interest can decide your use of the net is in violation of something or other and you get *silenced*. Plus they have to cough up your identity.. sounds very Orwellian to me. Or Soviet.. Say something unpopular and dissapear. We've spent centuries trying to get rid of this sort of thing. It's a very broad concept, probably dangerously broad. Part of the vitality of the net is the fact that everyone can (and does..) speak their minds no matter how great or how disgusting their minds are. Anything that could be co-opted to silence &/or punish that breadth of thought and opinion sounds like a big mistake to me. (this may be the very first time I agree with the ACLU.. scary.) I agree that property should be protected, but it's going to have to be via another mechanism.
 

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