I think you are missing the point. The fact that you can currently define AUP's doesn't mean you should be able to. Currently ISP's under the CDA and the DMCA are considered "common carriers" and as such are granted certain immunities under the law. Just like the telephone company can't be brought up on charges if someone plots to kill the president over the phone, or send bomb threats over the phone, neither can an ISP. That isn't, or shouldn't, be a free ride. Currently you get all of the protections of a "common carrier" with out any of the restrictions. When was the last time the phone company or the postal service presented you with an AUP? If your part of the country is like mine (we are talking the USA here for all of our non-US readers) I can firmly state "never". Why? Because they are a "common carrier" Am I making any sense yet?

To sum up;

Common Carrier = limited/no liability for that goes over your wires.

Common Carrier = bandwidth for a price.

Common Carrier = no silly (in my opinion) AUP, content restrictions, censorship.

Common Carrier <> AUP

Common Carrier <> Content, political, moral, etc. restrictions.

I believe John and my point was if an ISP wants to continue to enjoy the benefits of "common carrier" status, then t has to start acting like one.

someone247356_AT_yahoo.com

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Link to this comment: http://www.securityfocus.com/comments/articles/173/5024#5024