RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-04-02 Thread Robert Cannon
If you want to splinter off to lists that already exist and actually have a number of NANOG participants, can I recommend Cybertelecom-l : federal initiatives that impact the Internet with an emphasis on the FCC www.cybertelecom.org Cyberia-l : general rabble about Internet law with lots of int

RE: State Super-DMCA Too True

2003-04-01 Thread Kuhtz, Christian
> > In other words, you reasoning is quite flawed the way I see it, and > > blocking DoS is indeed legitimate and legally supportable. Excesses > > are rarely protected by any legal statutes. > > To the extent a customer attacks or defrauds the carrier itself, protection > measures are allowed.

RE: State Super-DMCA Too True

2003-04-01 Thread todd glassey
Subject: Re: State Super-DMCA Too True Thus spake "todd glassey" <[EMAIL PROTECTED]> > By the way - the big one these days is the claim from the > Tier-2/3 player that they are really subject to the same > rules that the Tier-1 players are and that simply isn't > t

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "todd glassey" <[EMAIL PROTECTED]> > By the way - the big one these days is the claim from the > Tier-2/3 player that they are really subject to the same > rules that the Tier-1 players are and that simply isn't > true - nor should it be. There is no technical or legal difference betwe

RE: [RE: State Super-DMCA Too True]

2003-03-31 Thread todd glassey
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Joshua Smith Sent: Monday, March 31, 2003 3:48 PM To: todd glassey; Stephen Sprunk; Michael Loftis; Robert A. Hayden Cc: North American Noise and Off-topic Gripes Subject: Re: [RE: State Super-DMCA Too True

RE: State Super-DMCA Too True

2003-03-31 Thread todd glassey
lto:[EMAIL PROTECTED] Sent: Monday, March 31, 2003 4:29 PM To: Dan Hollis; Jack Bates Cc: Kuhtz, Christian; todd glassey; Michael Loftis; Robert A. Hayden; North American Noise and Off-topic Gripes Subject: Re: State Super-DMCA Too True Thus spake "Dan Hollis" <[EMAIL PROTECTED]> &

Re: State Super-DMCA Too True

2003-03-31 Thread Alex Lambert
> From: "Stephen Sprunk" <[EMAIL PROTECTED]> > Common carrier status exists for this very reason. Unfortunately, it > probably means we'll have to stop filtering things like spam and DoS, since > filtering on content inherently violates common carrier protection -- see > the smut suit against AOL

Re: State Super-DMCA Too True

2003-03-31 Thread Dan Hollis
On Mon, 31 Mar 2003, Stephen Sprunk wrote: > Since a common carrier can't filter on content -- only fraudulent and > malicious activity against the carrier itself -- there's not much (legal) > purpose in maintaining an abuse@ alias. Of course these are the same tier1s who whinge when people nullr

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "Dan Hollis" <[EMAIL PROTECTED]> > On Mon, 31 Mar 2003, Jack Bates wrote: > > On the other hand, an ISP that *is* aware of illegal activity would be > > negligent not to look into it. > > How about the tier1's who route abuse@ to /dev/null? IMHO they are > negligent and should be held l

Re: State Super-DMCA Too True

2003-03-31 Thread Jack Bates
Dan Hollis wrote: On Mon, 31 Mar 2003, Jack Bates wrote: On the other hand, an ISP that *is* aware of illegal activity would be negligent not to look into it. How about the tier1's who route abuse@ to /dev/null? IMHO they are negligent and should be held liable... I completely agree. Of cours

Re: State Super-DMCA Too True

2003-03-31 Thread Dan Hollis
On Mon, 31 Mar 2003, Jack Bates wrote: > On the other hand, an ISP that *is* aware of illegal activity would be > negligent not to look into it. How about the tier1's who route abuse@ to /dev/null? IMHO they are negligent and should be held liable... -Dan -- [-] Omae no subete no kichi wa ore

Re: State Super-DMCA Too True

2003-03-31 Thread Jack Bates
Stephen Sprunk wrote: Okay, I'll admit filtering DoS will probably survive given it's a problem for the carrier, not just the customer. But my original point is that as long as ISPs do not examine the contents of a customer's packets, they cannot be held liable for what's in them. Content filteri

Re: [RE: State Super-DMCA Too True]

2003-03-31 Thread Joshua Smith
"todd glassey" <[EMAIL PROTECTED]> wrote: > [cut] > > If you ship pot via FedEx, does the delivery guy go to jail > too? > > THIS IS A REALLY BAD EXAMPLE - not really, did the us postal service get in trouble for delivering anthrax laden letters? no. if someone at the post office bypassed t

Re: State Super-DMCA Too True

2003-03-31 Thread Richard A Steenbergen
On Mon, Mar 31, 2003 at 04:32:18PM -0600, Stephen Sprunk wrote: > > Thus spake "todd glassey" <[EMAIL PROTECTED]> > > Yes but this is specific to the argument on whether an ISP > > should be accountable for what people do with its bandwidth > > and what I think is ultimately going to happen is th

RE: State Super-DMCA Too True

2003-03-31 Thread Kris Foster
> Sent: Monday, March 31, 2003 6:30 PM > To: todd glassey > Cc: North American Noise and Off-topic Gripes; Michael > Loftis; Robert A. > Hayden > Subject: Re: State Super-DMCA Too True > > > > As reading your message both hurts my eyes and would take > excessive ef

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "Kuhtz, Christian" <[EMAIL PROTECTED]> > [..] > > AT&T/Comcast doesn't sell business accounts > > (at least not here) but they will now sell you a more expensive package, > > 3.5Mbit/384kbit, for $95/mo, including 'model rental fee', it includes > > 5 IP addresses "VPN Capability"(?) as

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "Kuhtz, Christian" <[EMAIL PROTECTED]> > > From: Stephen Sprunk [mailto:[EMAIL PROTECTED] > [..] > > Common carrier status exists for this very reason. Unfortunately, it > > probably means we'll have to stop filtering things like spam and DoS, > > since filtering on content inherently

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
; "Michael Loftis" <[EMAIL PROTECTED]>; "Robert A. Hayden" <[EMAIL PROTECTED]> Cc: "North American Noise and Off-topic Gripes" <[EMAIL PROTECTED]> Sent: Monday, 31 March, 2003 17:07 Subject: RE: State Super-DMCA Too True > Stephen - my responses

RE: State Super-DMCA Too True

2003-03-31 Thread Kuhtz, Christian
[..] > AT&T/Comcast doesn't sell business accounts > (at least not here) but they will now sell you a more expensive package, > 3.5Mbit/384kbit, for $95/mo, including 'model rental fee', it includes > 5 IP addresses "VPN Capability"(?) as well. ^^ Perhaps

RE: State Super-DMCA Too True

2003-03-31 Thread Kuhtz, Christian
> From: Stephen Sprunk [mailto:[EMAIL PROTECTED] [..] > Common carrier status exists for this very reason. Unfortunately, it > probably means we'll have to stop filtering things like spam and DoS, since > filtering on content inherently violates common carrier protection -- see > the smut suit ag

RE: State Super-DMCA Too True

2003-03-31 Thread todd glassey
-DMCA Too True Thus spake "todd glassey" <[EMAIL PROTECTED]> > Yes but this is specific to the argument on whether an ISP > should be accountable for what people do with its bandwidth > and what I think is ultimately going to happen is that these > laws are going to be

Re: State Super-DMCA Too True

2003-03-31 Thread Matthew S. Hallacy
On Sun, Mar 30, 2003 at 01:50:22AM -0800, Mike Lyon wrote: > > Ahh! But you see it ain't "all you can eat" or rather, "use as much > bandwidth as you want as we don't throttle you at all." I recently signed > up for Comcast and had it installed. I get some really nice download > speeds, would

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "todd glassey" <[EMAIL PROTECTED]> > Yes but this is specific to the argument on whether an ISP > should be accountable for what people do with its bandwidth > and what I think is ultimately going to happen is that these > laws are going to be put in place and as part of enforcing > the

Re: State Super-DMCA Too True

2003-03-31 Thread Petri Helenius
PROTECTED]>; "Tony Rall" <[EMAIL PROTECTED]>; "North > American Noise and Off-topic Gripes" <[EMAIL PROTECTED]> > Sent: Monday, March 31, 2003 6:08 PM > Subject: Re: State Super-DMCA Too True > > > | > | > Well, most p2p apps live on wel

RE: State Super-DMCA Too True

2003-03-31 Thread todd glassey
To: todd glassey; Robert A. Hayden; [EMAIL PROTECTED] Subject: RE: State Super-DMCA Too True Yah but that's all akin to asking hte telephone company to make a log of each and every phone conversation above and beyond billing records. Unless you get billed per-piece of e-mail, or per HTTP

Re: State Super-DMCA Too True

2003-03-31 Thread Rubens Kuhl Jr.
ED]>; "North American Noise and Off-topic Gripes" <[EMAIL PROTECTED]> Sent: Monday, March 31, 2003 6:08 PM Subject: Re: State Super-DMCA Too True | | > Well, most p2p apps live on well-known ports, and Cisco's QOS mechanism | > allows easy classification on ports.

Re: State Super-DMCA Too True

2003-03-31 Thread Petri Helenius
> Well, most p2p apps live on well-known ports, and Cisco's QOS mechanism > allows easy classification on ports. Yes, most of the p2p apps are > port-agile -- but only if they are completely blocked. My experience is > that if you let the p2p stuff through, it'll stick to its default port and >

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "Jack Bates" <[EMAIL PROTECTED]> > Actually, I think it was all the people going bust that were begging for > the "killer app". Us country folk were happy with the way things were. > As for using QoS for p2p traffic, would you like to explain to me how > my Cisco routers can tell the di

Re: State Super-DMCA Too True

2003-03-31 Thread Stephen Sprunk
Thus spake "Jack Bates" <[EMAIL PROTECTED]> > Granted, 99% of the oversell problem with home users has now > become piracy. It's no longer the one or two power users, but > everyone and their dog that is computer illiterate but can still install > p2p software or at least use it if their friend in

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-31 Thread todd glassey
, 2003 7:01 PM To: todd glassey Cc: Rafi Sadowsky; Jared Mauch; Jack Bates; [EMAIL PROTECTED] Subject: RE: NANOG Splinter List (Was: State Super-DMCA Too True) On Sun, 30 Mar 2003, todd glassey wrote: > And then it hit me - NANOG has the opportunity to create a > consortium of networking

RE: State Super-DMCA Too True

2003-03-31 Thread todd glassey
e ISP's) and that's it. Todd Glassey -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Robert A. Hayden Sent: Sunday, March 30, 2003 7:34 AM To: [EMAIL PROTECTED] Subject: Re: State Super-DMCA Too True Can't NAT-like devices be just as viabl

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-31 Thread todd glassey
NANOG Splinter List (Was: State Super-DMCA Too True) > I think that we possibly may need three subgroups. But maybe > not all at once. why don't we just get it over with and break apart/dilute into the usual suspect: social, technological, legal, economic, political. [sarcasm] Kris

Re: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-31 Thread Nathan J. Mehl
In the immortal words of Jack Bates ([EMAIL PROTECTED]): > > > Whats wrong with the nanog-offtopic list ? > > The legal issues are technical on-topic and nanog related. However, > there are some that want to know what's going on in the legal system, > and others that don't. At the same time, t

Remembers, Non-Op Topics Have a Home (was Re: State Super-DMCA Too True)

2003-03-31 Thread Nathan J. Mehl
In the immortal words of Avleen Vig ([EMAIL PROTECTED]): > > Look it's very simple. > If you steal something, you go to jail. That's really nto hard to > understand, and the reason it doesn't happen more often, is because > prison systems are already too full of people convicted of more serious >

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-31 Thread Kris Foster
> I think that we possibly may need three subgroups. But maybe > not all at once. why don't we just get it over with and break apart/dilute into the usual suspect: social, technological, legal, economic, political. [sarcasm] Kris

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-31 Thread todd glassey
MAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Krzysztof Adamski Sent: Sunday, March 30, 2003 6:54 PM To: [EMAIL PROTECTED] Subject: RE: NANOG Splinter List (Was: State Super-DMCA Too True) You are two days to early. K On Sun, 30 Mar 2003, todd glassey wrote: > > Rafi > I think tha

Re: State Super-DMCA Too True

2003-03-31 Thread Jack Bates
Dan Hollis wrote: They dont need to adjust their pricing, they just need to lobby for new laws to protect their flawed business models. Oh wait, they just did that. IANAL, but the laws won't last. If they are enforced, the courts will overturn them. The exceptions are the mods for console game s

Re: State Super-DMCA Too True

2003-03-31 Thread Dan Hollis
On Mon, 31 Mar 2003, Jack Bates wrote: > It's aggrivating to wait while businesses finally keel over dead or > adjust their pricing to match the real costs. They dont need to adjust their pricing, they just need to lobby for new laws to protect their flawed business models. Oh wait, they just d

Re: State Super-DMCA Too True

2003-03-31 Thread Jack Bates
Richard A Steenbergen wrote: Get some QoS for the p2p traffic and stop complaining. One moment everyone is begging for the "killer app" to motivate high-speed residential connectivity, the next they're pissing and moaning because it actually happened. Actually, I think it was all the people going b

Re: State Super-DMCA Too True

2003-03-31 Thread Richard A Steenbergen
On Mon, Mar 31, 2003 at 02:49:29AM -0600, Jack Bates wrote: > > Yeah. Give things away for free and you go bust. In Oklahoma, the telco > price for DSL is around $35. SWBell was doing a plan for the longest > time (may still be doing it) of allowing ISPs to use their DSL, but the > problem wit

Re: State Super-DMCA Too True

2003-03-31 Thread Jack Bates
Peter Galbavy wrote: Er, isn't that the fundamental difference between IP and fixed-bandwidth voice ? I have spent any number of years trying to 'educate' old guard telco management and planners that one of the key economic benefits of the Internet over old fashioned private networks is that the sh

Re: State Super-DMCA Too True

2003-03-31 Thread Neil J. McRae
> Er, isn't that the fundamental difference between IP and fixed-bandwidth > voice ? I have spent any number of years trying to 'educate' old guard telco > management and planners that one of the key economic benefits of the > Internet over old fashioned private networks is that the sharing of cap

Re: State Super-DMCA Too True

2003-03-31 Thread Peter Galbavy
Jack Bates wrote: > Please see Saphire worm. Then tell me that an ISP doesn't oversell > services. The fact is, the entire Internet is oversold. If everyone > did their full capacity, it would crash. DSL is also based on this > assumption. Most of the providers selling DSL at the cheap rates are

Re: State Super-DMCA Too True

2003-03-30 Thread Bruce Pinsky
Jack Bates wrote: Dan Hollis wrote: Using the law to defend deceptive business practices. Makes perfect sense. It's either that or start charging the customer's what it really costs. They've been so happy to get away from that. Large networks have cut their rates based on oversell so that mid-

Re: State Super-DMCA Too True

2003-03-30 Thread Bruce Pinsky
William Allen Simpson wrote: ...snip...snip... (a) “Telecommunications” and “telecommunications service” mean any service lawfully provided for a charge or compensation to facilitate the origination, transmission, retransmission, emission, or reception of signs, data, images, signal

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread Krzysztof Adamski
and stay two steps ahead. > > Todd Glassey > > -Original Message- > From: Rafi Sadowsky [mailto:[EMAIL PROTECTED] > Sent: Sunday, March 30, 2003 11:36 AM > To: Jared Mauch > Cc: todd glassey; Jack Bates; [EMAIL PROTECTED] > Subject: Re: NANOG Splinter List (Was: St

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread todd glassey
Original Message- From: Rafi Sadowsky [mailto:[EMAIL PROTECTED] Sent: Sunday, March 30, 2003 11:36 AM To: Jared Mauch Cc: todd glassey; Jack Bates; [EMAIL PROTECTED] Subject: Re: NANOG Splinter List (Was: State Super-DMCA Too True) Hi guys, Whats wrong with the nanog-offtopic list ? --

Re: State Super-DMCA Too True

2003-03-30 Thread Dan Hollis
On Sun, 30 Mar 2003, William Allen Simpson wrote: > As Larry Blunk points out, to "possess" an encryption device is a felony! The law as written would seem to make microsoft windows nt/2k/xp/etc illegal to possess. Perhaps someone can print up a bunch of stickers "Under 750.540c enacted 03/31/2

Re: State Super-DMCA Too True

2003-03-30 Thread Dan Hollis
On Sun, 30 Mar 2003, Jack Bates wrote: > I disagree with the method, but who am I to say someone else's business > plan is faulty and they shouldn't be allowed to enforce it? Enforcing your business plan yourself or having uncle same enforce it for you are two different things. Apparently you p

Re: State Super-DMCA Too True

2003-03-30 Thread Kevin Loch
- Original Message - From: William Allen Simpson <[EMAIL PROTECTED]> Date: Sunday, March 30, 2003 9:39 am Subject: Re: State Super-DMCA Too True >(b) Conceal the existence or place of origin or destination of any >telecommunications service. > >

RE: State Super-DMCA Too True

2003-03-30 Thread McBurnett, Jim
Cisco/the industry would be so out of touch.. J > -Original Message- > From: William Allen Simpson [mailto:[EMAIL PROTECTED] > Sent: Sunday, March 30, 2003 9:39 AM > To: [EMAIL PROTECTED] > Subject: Re: State Super-DMCA Too True > > > > Jack Bates wrote: >

Re: State Super-DMCA Too True

2003-03-30 Thread William Allen Simpson
Jack Bates wrote: > > William Allen Simpson wrote: > > It outlaws all encryption, and all remailers. > > I'm missing where it outlaws these? In fact, it outlaws others (say your > ISP) from decryping your encrypted data. > That is not correct. I'm very sensitive to these issues. As those of

Re: State Super-DMCA Too True

2003-03-30 Thread Jack Bates
Dan Hollis wrote: Using the law to defend deceptive business practices. Makes perfect sense. It's either that or start charging the customer's what it really costs. They've been so happy to get away from that. Large networks have cut their rates based on oversell so that mid-sized networks could

Re: State Super-DMCA Too True

2003-03-30 Thread Dan Hollis
On Mon, 31 Mar 2003, Dave Howe wrote: > it is the hop from 4 to 5 I am having trouble with Using the law to defend deceptive business practices. Makes perfect sense. -Dan -- [-] Omae no subete no kichi wa ore no mono da. [-]

Re: State Super-DMCA Too True

2003-03-30 Thread Dave Howe
I am not sure I am following the argument here. as far as I can make out 1. Many (all!) providers underprovision (aka oversell) their bandwidth, expecting peak utilisations to be approximately the provisioned amount because experience has shown that actual usage is only a percentage of theoretic

Re: NANOG Splinter List (Was: State Super-DMCA Too True) (why notnanog-legal ?)

2003-03-30 Thread Mark Rogaski
--6c2NcOVqGQ03X4Wi Content-Type: text/plain; charset=us-ascii Content-Disposition: inline Content-Transfer-Encoding: quoted-printable An entity claiming to be McBurnett, Jim ([EMAIL PROTECTED]) wrote: :=20 : I am not for or against either.. : just putting thoughts out there.. : NANOG-Legal would

RE: State Super-DMCA Too True

2003-03-30 Thread E.B. Dreger
JM> Date: Sun, 30 Mar 2003 17:18:42 -0500 JM> From: "McBurnett, Jim" JM> maybe I should have said Stateful inspection.. JM> IE inspection of SMTP whereas it limits the commands JM> that are allowed and makes protocol adjustments. That would be a protocol-level proxy, and is orthogonal to state.

RE: NANOG Splinter List (Was: State Super-DMCA Too True) (why not nanog-legal ?)

2003-03-30 Thread McBurnett, Jim
, IMHO Jim > -Original Message- > From: William Devine, II [mailto:[EMAIL PROTECTED] > Sent: Sunday, March 30, 2003 5:15 PM > To: McBurnett, Jim; 'Jack Bates'; 'Rafi Sadowsky' > Cc: [EMAIL PROTECTED] > Subject: RE: NANOG Splinter List (Was: State Super

RE: State Super-DMCA Too True

2003-03-30 Thread McBurnett, Jim
IL PROTECTED] > Subject: RE: State Super-DMCA Too True > > > > JM> Date: Sun, 30 Mar 2003 10:34:28 -0500 > JM> From: "McBurnett, Jim" > > > JM> NAT-- HMMM - In my eyes that is a security precaution for the > JM> ignorant.. Think of this: Jo

RE: State Super-DMCA Too True

2003-03-30 Thread E.B. Dreger
JM> Date: Sun, 30 Mar 2003 10:34:28 -0500 JM> From: "McBurnett, Jim" JM> NAT-- HMMM - In my eyes that is a security precaution for the JM> ignorant.. Think of this: Joe user goes to Wally World, or JM> Staples and get's a Linksys BEFSR11 cable/dsl router. He adds JM> NAT, and walla, his computer

Re[2]: State Super-DMCA Too True

2003-03-30 Thread Richard Welty
On Sun, 30 Mar 2003 13:13:24 -0800 (PST) Dan Hollis <[EMAIL PROTECTED]> wrote: > On Sun, 30 Mar 2003, Jack Bates wrote: > > enough to scare people into not breaking them. However, history has > > shown that we instead make it a criminal offense and use that as the > > way to scare people into doi

Re: State Super-DMCA Too True

2003-03-30 Thread Dan Hollis
On Sun, 30 Mar 2003, Avleen Vig wrote: > I can't see why you have a problem sending someone to jail for commiting > a crime. The punishment does not fit the crime. The punishment here is more severe than a lot of violent crimes. Unless of course you feel that "stealing service via NAT" is a tru

Re: State Super-DMCA Too True

2003-03-30 Thread Jack Bates
Dan Hollis wrote: Since when should breaking an ISP's TOS incur a heavier prison term than a guy who beats his wife? And like wife beating, I'm sure that people will still break the ISP's TOS. -Jack

Re: State Super-DMCA Too True

2003-03-30 Thread Dan Hollis
On Sun, 30 Mar 2003, Jack Bates wrote: > enough to scare people into not breaking them. However, history has > shown that we instead make it a criminal offense and use that as the way > to scare people into doing what is right to begin with. Since when should breaking an ISP's TOS incur a heavi

Re: State Super-DMCA Too True

2003-03-30 Thread David Lesher
Speaking on Deep Background, the Press Secretary whispered: > > Not true. An ISP can choose to allow NAT and wireless or not allow it.= 20 > > This is the ISPs choice. The law is designed to protect the ISPs rights= Shades of "You MUST rent your telephones from Ma; FOREIGN EQUIPMENT may damage

Re: State Super-DMCA Too True

2003-03-30 Thread Leo Bicknell
In a message written on Sat, Mar 29, 2003 at 11:22:11PM -0600, Jack Bates wrote: > Not true. An ISP can choose to allow NAT and wireless or not allow it. > This is the ISPs choice. The law is designed to protect the ISPs rights > from existing technology so that the ISP can bill appropriately >

Re: State Super-DMCA Too True

2003-03-30 Thread Tony Rall
On Sunday, 2003-03-30 at 09:07 CST, Jack Bates <[EMAIL PROTECTED]> wrote: > Please see Saphire worm. Then tell me that an ISP doesn't oversell > services. The fact is, the entire Internet is oversold. If everyone did > their full capacity, it would crash. DSL is also based on this > assumption.

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread McBurnett, Jim
flation ya know.. Jim > -Original Message- > From: Jack Bates [mailto:[EMAIL PROTECTED] > Sent: Sunday, March 30, 2003 2:41 PM > To: Rafi Sadowsky > Cc: Jared Mauch; todd glassey; [EMAIL PROTECTED] > Subject: Re: NANOG Splinter List (Was: State Super-DMCA Too Tru

Re: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread Jack Bates
Rafi Sadowsky wrote: Whats wrong with the nanog-offtopic list ? The legal issues are technical on-topic and nanog related. However, there are some that want to know what's going on in the legal system, and others that don't. At the same time, those wanting to keep track of legal issues may not

Re: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread Rafi Sadowsky
Hi guys, Whats wrong with the nanog-offtopic list ? -- Rafi ## On 2003-03-30 14:07 -0500 Jared Mauch typed: JM> JM> JM> Hello, JM> JM> Someone write up a list charter for a new list and let me know. JM> JM> I can host such a list. JM> JM> - Jared JM> JM> On

Re: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread Jared Mauch
Hello, Someone write up a list charter for a new list and let me know. I can host such a list. - Jared On Sun, Mar 30, 2003 at 11:04:07AM -0800, todd glassey wrote: > > That's why we need separate lists for them. This is a real > issue though and its important

RE: NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread todd glassey
nstraining how you architect your business. Todd -->-Original Message- -->From: [EMAIL PROTECTED] -->[mailto:[EMAIL PROTECTED] Behalf Of -->Jack Bates -->Sent: Sunday, March 30, 2003 9:59 AM -->To: [EMAIL PROTECTED] -->Subject: NANOG Splinter List (Wa

Re: State Super-DMCA Too True

2003-03-30 Thread Niels Bakker
* [EMAIL PROTECTED] (Alex Lambert) [Sun 30 Mar 2003, 20:19 CEST]: > http://www.personaltelco.net/index.cgi/StealingBandwidth?action=highlight&va > lue=CategoryPhilosophy > > (quoting) > "Traditional broadband providers cry foul when users take their cable modem > or DSL connections and beam them

Re: State Super-DMCA Too True

2003-03-30 Thread Alex Lambert
> If you price your product on the assumption that the average customer only > uses 5% of their bandwidth then it doesn't take many customers using 50% > or 100% of it to really spoil your economics Personal Telco has some interesting opinions on this: http://www.personaltelco.net/index.cgi/Stea

Re: State Super-DMCA Too True

2003-03-30 Thread Jack Bates
Jamie Lawrence wrote: Perhaps we'll have to agree to disagree, if you think those where good laws. I don't necessarily think they are good laws. What it comes down to is this. A person will do whatever they think they can get away with if the punishment is only losing their service. I personally

NANOG Splinter List (Was: State Super-DMCA Too True)

2003-03-30 Thread Jack Bates
todd glassey wrote: Actually I proposed that NANOG also consider several splinter lists. Including one concerned with the Legal Issues with operating network services, and since there are jail terms being talked about I suggest that these are now sub-organizations who's time as come. I completely a

Re: State Super-DMCA Too True

2003-03-30 Thread David Lesher
Speaking on Deep Background, the Press Secretary whispered: > > > Banning NAT and servers is a simple way to filter out most of the "power > users" without scaring the "mom and pop" customers with bandwidth and > download quotas. Problem solved -- all my local machines are not on a NAT block, b

Re: State Super-DMCA Too True

2003-03-30 Thread Avleen Vig
On Sun, Mar 30, 2003 at 11:55:44AM -0500, Larry J. Blunk wrote: > > If it takes a few months for the ISP to cut you off for not paying your > > bill, that is their own fault. Concerning someone going to jail for > > running NAT in breach of TOS, I find it supportable. There is precedence > > se

Re: State Super-DMCA Too True

2003-03-30 Thread Larry J. Blunk
> Larry J. Blunk wrote: > > > >I'm not trying to justify allowing the use of NAT where it is > > prohibited by a terms of service agreement and thus grounds for > > termination of service. However, going beyond termination of > > service and making this an illegal act under law (possibly >

Re: State Super-DMCA Too True

2003-03-30 Thread Michael Airhart
[snip] You can be assured that what ever references to "trick or acrobatic flying" will be challenged by the AOPA (aopa.org) . Those rules/laws are the domain of the FAA. Sounds like too long of a winter and it froze their brains. M This was passed in a lame duck session (December 11, 2002)

Re: State Super-DMCA Too True

2003-03-30 Thread Jack Bates
Larry J. Blunk wrote: I'm not trying to justify allowing the use of NAT where it is prohibited by a terms of service agreement and thus grounds for termination of service. However, going beyond termination of service and making this an illegal act under law (possibly punishable by a felony con

Re: State Super-DMCA Too True

2003-03-30 Thread Larry J. Blunk
> On Sun, Mar 30, 2003 at 03:58:17AM -0500, Larry J. Blunk wrote: > >The problem is that these laws not only outlaw the use of NAT devices > > where prohibited, but also the sale and possession of such devices. > > Futher, I think many would disagree that the use of NAT where prohibited > > n

Re: State Super-DMCA Too True

2003-03-30 Thread Jack Bates
Jamie Lawrence wrote: "There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even

RE: State Super-DMCA Too True

2003-03-30 Thread McBurnett, Jim
> > And to use NAT to circumvent this should be illegal. It is theft of > > service. The ISP has the right to setup a business model > and sell as it > > wishes. Technology has allowed ways to bypass or steal > extra service. > > This law now protects the ISP. There will be some ISPs that

Re: State Super-DMCA Too True

2003-03-30 Thread Robert A. Hayden
Can't NAT-like devices be just as viable as a security device as well? Is the ISP willing to take responsiblity for security breaches on my home network because they banned my firewall? From a political/public-perception standpoint, treat those ISPs that are complaining about NAT as being soft on

Re: State Super-DMCA Too True

2003-03-30 Thread Jack Bates
Mike Lyon wrote: Ahh! But you see it ain't "all you can eat" or rather, "use as much bandwidth as you want as we don't throttle you at all." I recently signed up for Comcast and had it installed. I get some really nice download speeds, would be surprised if the download has a cap on it. However,

Re: State Super-DMCA Too True

2003-03-30 Thread Avleen Vig
On Sun, Mar 30, 2003 at 03:58:17AM -0500, Larry J. Blunk wrote: >The problem is that these laws not only outlaw the use of NAT devices > where prohibited, but also the sale and possession of such devices. > Futher, I think many would disagree that the use of NAT where prohibited > necessarily

Re: State Super-DMCA Too True

2003-03-30 Thread Mike Lyon
On Sun, 30 Mar 2003, Simon Lyall wrote: > > On Sat, 29 Mar 2003, Tony Rall wrote: > > No, it is not theft of service. It doesn't cost an ISP more for me to > > have 20 machines than it does if I have just 1. Nor does it cost them if > > I use NAT. > > > > What might cost them more is if I use

Re: State Super-DMCA Too True

2003-03-30 Thread Rubens Kuhl Jr.
| If you price your product on the assumption that the average customer only | uses 5% of their bandwidth then it doesn't take many customers using 50% | or 100% of it to really spoil your economics. Turn this assumption a part of the service: place a monthly transfer limit of some gigabytes. Thi

Re: State Super-DMCA Too True

2003-03-30 Thread Dan Hollis
On Sun, 30 Mar 2003, Simon Lyall wrote: > Banning NAT and servers is a simple way to filter out most of the "power > users" without scaring the "mom and pop" customers with bandwidth and > download quotas. Hardly. Banning NAT doesn't filter out anyone. There are plenty of "power users" without N

Re: State Super-DMCA Too True

2003-03-30 Thread Simon Lyall
On Sat, 29 Mar 2003, Tony Rall wrote: > No, it is not theft of service. It doesn't cost an ISP more for me to > have 20 machines than it does if I have just 1. Nor does it cost them if > I use NAT. > > What might cost them more is if I use more bandwidth or use additional IP > addresses (for whi

Re: State Super-DMCA Too True

2003-03-30 Thread Larry J. Blunk
> > Not true. An ISP can choose to allow NAT and wireless or not allow it. > This is the ISPs choice. The law is designed to protect the ISPs rights > from existing technology so that the ISP can bill appropriately > according to what service is being used. This does not mean that every > I

Re: State Super-DMCA Too True

2003-03-29 Thread Tony Rall
On Saturday, 2003-03-29 at 23:22 CST, Jack Bates <[EMAIL PROTECTED]> wrote: > William Allen Simpson wrote: > > (Some DSL/cable companies try to charge per machine, and record the > > machine address of the devices connected.) > > And to use NAT to circumvent this should be illegal. It is theft o

Re: State Super-DMCA Too True

2003-03-29 Thread Kevin Loch
- Original Message - From: Jack Bates <[EMAIL PROTECTED]> Date: Sunday, March 30, 2003 0:22 am Subject: Re: State Super-DMCA Too True > > (Some DSL/cable companies try to charge per machine, and record > the > > machine address of the devices connected.) &

Re: State Super-DMCA Too True

2003-03-29 Thread E.B. Dreger
JB> Date: Sat, 29 Mar 2003 23:22:11 -0600 JB> From: Jack Bates [ snip ] JB> One thing to note, a telecommunications service provider is defined in JB> such a way that anyone running a network is included. This means that JB> running a business or home network protects your network. If in the J

Re: State Super-DMCA Too True

2003-03-29 Thread Jack Bates
William Allen Simpson wrote: It outlaws all encryption, and all remailers. I'm missing where it outlaws these? In fact, it outlaws others (say your ISP) from decryping your encrypted data. It outlaws connecting any device "without the express authority of the telecommunications service provid

Re: State Super-DMCA Too True

2003-03-29 Thread E.B. Dreger
WAS> Date: Sat, 29 Mar 2003 15:53:32 -0500 WAS> From: William Allen Simpson [ snip ] IANAL, but VPNs look like trouble waiting to happen. And then there's promiscuous mode... Eddy -- Brotsman & Dreger, Inc. - EverQuick Internet Division Bandwidth, consulting, e-commerce, hosting, and network

State Super-DMCA Too True

2003-03-29 Thread William Allen Simpson
Declan McCullagh sent out an email 7:56 am EST this morning, referencing his full report at: http://news.com.com/2100-1028-994667.html I was shocked to see that Michigan has *already* passed such a law! (Also Virginia, Delaware, and Illinois.) I've found the new law(s), and they basically out