Keith, You’re confusing ISPs that merely provide transport services, such as AT&T and Cloudfare, with information services like FaceBook and Twitter. The Common Carrier status for legal protection of ISPs stems from the 1998 DMCA, which long preceded the 2015 Network Neutrality act. It provides protection only for an ISP that as a “provider merely acts as a data conduit, transmitting digital information from one point on a network to another at someone else’s request.” The ISP loses that Common Carrier (in the Common Law definition) protection if it alters the transmission in any way.
Just because an ISP isn’t a Common Carrier under FCC rules doesn’t mean that it isn’t a Common Carrier for other purposes. Trains and planes, for example, are Common Carriers, and the FCC has nothing to do with them. But they can’t exclude passengers based on their speech (yet, anyway). -mel > On Aug 5, 2019, at 8:54 AM, Keith Medcalf <kmedc...@dessus.com> wrote: > > >> On Monday, 5 August, 2019 09:16, Mel Beckman <m...@beckman.org> wrote: >> >> “Now, enough of this off-topic stuff and back to our regularly >> scheduled programming.” > >> Keith, what could be more on-topic than an ISP’s status as a common >> carrier? Seems pretty operational to me. > > I think that is closing the barn door after the horse already left. > > It is my understanding that in your fabulous United States of America that > "carriers" (meaning having no content serving nor content consuming > customers*) may be "common carriers" or can claim to be common carriers. The > rest of you who are not pure carriers are, thanks to Ijit Pai, merely > Information Services and do not have common carrier status, nor can you claim > to be common carriers. > > A "common carrier" is one who must provide carriage provided the fee for > carriage is paid. This is not the case for "Information Service" providers > as they are not required to provide carriage to any who can pay the fee for > carriage. > > *I hate the term "content", it is somowhat lame. > > -- > The fact that there's a Highway to Hell but only a Stairway to Heaven says a > lot about anticipated traffic volume. > > > >
