RE: [dvd-discuss] EFF opposes blacklisting spammers

["Dean Sanchez" <DSanchez(at)fcci-group.com>]

Here's a premise:

ISPs are comparable to a public utility.  The phone company cannot
arbitrarily decide to block incoming calls from certain groups.  The
list of calls to be blocked must be set by the individual customer.

Of course this analogy doesn't hold up because ISPs are not yet
recognized as public utilities.  Until they are, they will be able to
arbitrarily discontinue service to whoever they feel like or at the
prompting of any of the music/movie industry Gestapo without any
recourse by the customer to restore the service.

-----Original Message-----
From: Bryan Taylor [mailto:bryan_w_taylor@yahoo.com]
Sent: Wednesday, October 24, 2001 11:42 AM
To: dvd-discuss@eon.law.harvard.edu
Subject: RE: [dvd-discuss] EFF opposes blacklisting spammers



--- Jeme A Brelin <jeme@brelin.net> wrote:

> If you want to control who sends you mail, setup authentication at
your
> mail daemon or filters in your transfer agent.  Other than that, you
get
> what you get.

No one has ever answered why Tom Brokaw can hire people to filter his
mail, but
I can't hire an ISP based on their use of filtering rules. As long as
they
clearly state what their filtering service is, they filter with the
authority
of their willing clients.

If the situation gets to the point where nobody offers unfiltered email,
then
there should be antitrust issues, but until/unless that happens, the
only
question is: can you hire people to do things for you who can do it more
efficiently.

I simply do not agree that your free speech right limits my ability to
contract
with my ISP to help me exercise my free speech right to discriminate as
to what
I receive. In fact, since the ISP is a private party, I'm not sure why
the 1st
or 14th amendments provide any legal basis for relief at all.



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