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Limitations to common carriers (was Re: [Asrg] Anti-spam laws do work, FYI. There's proof. )
Barry Shein <bzs at world.std.com> wrote:
> Cab companies are common carriers.
>
> The Telecommunications Act of 1936, which created the AT&T monopoly,
> defined a "telecommunications common carrier" with an obligation to
> provide universal service etc.
No common carrier is required to carry traffic which directly
attacks the common carrier system. This is common sense, and the law
in the jurisdictions I'm aware of.
The post office doesn't have to deliver letter bombs.
AT&T doesn't have to carry phone phreak traffic.
ISP's shouldn't have to carry spam/viruses. The cases you quoted
support this idea.
It is my contention, and (I believe) the contention of others, that
the current spam problem is a permanent distributed denial of service
attack against the systems composing the Internet. In order for the
Internet to continue being useful for honest people, spam & viruses
MUST be shut down. People who assist spammers and virus writers MUST
be held accountable for their behavior.
Alan DeKok.
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