On 3/12/2015 1:30 PM, William Kenny wrote:
NO BLOCKING: A person engaged in the provision of broadband Internet access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or nonharmful devices, subject to reasonable network management.
The document (if I read it correctly) states that "reasonable network management" includes spam filtering.... (yeah!) However, in spite of that... it seems to give the MISTAKEN impression that: (1) ALL spam is ALWAYS... NOT-lawful content (2) ALL lawful content is NEVER spam. (again, I'm not saying the document says this directly... only that it seems to give that impression at times!) But, in fact, there is actually MUCH spam that is 100% legal, but also 100% unsolicited/undesired and therefore frequently blocked by spam filters, and rightly so. I just hope that nobody argues in a court of law that their exceptions for spam filtering only applies to UNLAWFUL spam!!! THAT would be a DISASTER!!! Nevertheless, in such a circumstance, 47 USC 230(c)(2) should prevail and trump any such interpretation of this! (If anyone thinks that 47 USC 230(c)(2) might not prevail over such an interpretation, please let me know... and let me know why?) -- Rob McEwen