[PLUG] Torrent download speeds - was: Metrofi wins Rogue of the Week
Jeme A Brelin
jeme at brelin.net
Sun Jan 13 22:47:33 UTC 2008
On Sun, 13 Jan 2008, M. Edward (Ed) Borasky wrote:
> Denis Heidtmann wrote:
>> drew wymore wrote:
>>> it is their network and they are allowed to do whatever they please.
>>
>> Do they have an obligation to tell customers what they are doing?
>
> Yes and no. They have an obligation to protect themselves from customers
> who impact other customers and from customers who violate laws as well.
Actually, they have no obligation whatsoever to protect themselves from
customers who violate the law -- at least as not insofar as those
purportedly illegal actions are not service effecting.
First, you must remember that whether or not an action is against the law
is solely the determination of the judicial system. It is not for Comcast
or any other private entity to decide whether or not the actions of anyone
but themselves are in violation of the law.
Second, network carriers are not responsible for any illegal actions
carried out by their customers. As a common carrier, they are shielded
from such legal responsibility. Should a customer be suspected by some
legal authority to be breaking the law, there are channels and regulations
that define explicitly how the law enforcement agencies can and should (if
their interest is, indeed, upholding the law) interface with the ISP to
take appropriate, legal action. Anything beyond that legal proscription
is a violation of the rights of the users and of the ISP to go about their
lives unmolested.
> They have an obligation to adhere to generally accepted accounting
> principles, etc. In other words, it's not as simple as "The customer is
> always right" any more.
As I wrote in my previous post, their obligation goes far beyond the
legal. And going back to Denis' question, their obligation to inform
customers has nothing at all to do with any of these legal obligations.
What, if anything, frees them from the ethical responsibility of sharing
their policies and practices on the handling of customer data with their
customers?
J.
More information about the PLUG
mailing list