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VirtualLarry

No Lifer
Aug 25, 2001
56,400
10,083
126
Reasonable network management consists of: (a) Reasonable practices
employed by a provider of broadband Internet access service to (i)
reduce or mitigate the effects of congestion on its network or to
address quality-of-service concerns; (ii) address traffic that is
unwanted by users or harmful; (iii) prevent the transfer of unlawful
content; or (iv) prevent the unlawful transfer of content; and (b)
other reasonable network management practices.


I understand what the "transfer of unlawful content" means, but what does "the unlawful transfer of content" mean?

Are there scenarios where the transfer of content, that isn't otherwise unlawful, becomes unlawful via the act of transferring? That scares me, it seems to indicate a slippery-slope, if they start to claim that the transferring of certain content (that is otherwise lawful content) becomes unlawful.

This seems like an open invitation to censorship to me. Could that portion have been inspired by WikiLeaks?
 

drebo

Diamond Member
Feb 24, 2006
7,035
1
81
Reasonable network management consists of: (a) Reasonable practices
employed by a provider of broadband Internet access service to (i)
reduce or mitigate the effects of congestion on its network or to
address quality-of-service concerns; (ii) address traffic that is
unwanted by users or harmful; (iii) prevent the transfer of unlawful
content; or (iv) prevent the unlawful transfer of content; and (b)
other reasonable network management practices.


I understand what the "transfer of unlawful content" means, but what does "the unlawful transfer of content" mean?

Are there scenarios where the transfer of content, that isn't otherwise unlawful, becomes unlawful via the act of transferring? That scares me, it seems to indicate a slippery-slope, if they start to claim that the transferring of certain content (that is otherwise lawful content) becomes unlawful.

This seems like an open invitation to censorship to me. Could that portion have been inspired by WikiLeaks?

In the grossest of terms, child porn is the former and warez/piracy is the latter.
 

Mark R

Diamond Member
Oct 9, 1999
8,513
14
81
That said, a service provider will never, ever, block access to content just because it's not provided by them. This is contrary to the POINT of the Internet, and is illegal under any number of other government provisions, not the least of which is anti-trust law.
I can name at least 1 ISP that does exactly this.

The ISP 'Three' does this with porn: their network detects pornographic sites and searches, blocks access to them and redirects your browser to their own internal pay-per-view porn portal.
 

drebo

Diamond Member
Feb 24, 2006
7,035
1
81
I can name at least 1 ISP that does exactly this.

The ISP 'Three' does this with porn: their network detects pornographic sites and searches, blocks access to them and redirects your browser to their own internal pay-per-view porn portal.

I have never heard of that ISP, nor does Google turn up any links to a homepage for them.

Need clarification.