[lug] [OT] Qwest's changes Subscriber Agreement...

Bear Giles bgiles at coyotesong.com
Tue Jan 17 12:13:02 MST 2006


Lori Reed wrote:
> Looks fine to me. Especially section 9, which basiclly states "thou 
> shall not spam".
> 
> What, specifically, do you object to?
> 
> Lori

Look at the corner cases in the AUP.  What's "hateful" or "abusive" 
conduct?  Can I go to a neo-Nazi site?  What if it's for legitimate 
research purposes?  Can I maintain my own neo-Nazi site that's hosted on 
my qwest-provided personal web space?  Hosted elsewhere?

What about anti-abortion sites?  What about the ones that advocate the 
cold-blooded murder of doctors who perform abortions?  Is that 
sufficiently "hateful" for them to censor?  Or is it outrageous speech 
protected by the First Amendment?  (I know that quest isn't bound by it 
since it's not a government entity... but exactly what government 
licenses does it have to offer broadband service to the public?  E.g., 
the right to put utility lines across public streets, private property, 
etc.)

What about the requirement to tell the truth, the whole truth, and 
nothing but the truth on all online forms?  Leaving aside the whole 
issue of times when you would have a legitimate reason to use an alias 
for lawful purposes (can you say "adult friend finder?")[*], why do they 
care about legally fradulent behavior with third parties?

Seriously.

Don't get me wrong -- I'm not defending criminal activity and I know 
that Qwest DSL (and Comcast broadband) are not "common carrier".  But 
they're putting themselves into an awkward position by claiming that 
their policy is to prohibit all incorrect information, not just criminal 
behavior.  (I know it's too possible to go too far the other way and 
being unable to act unless there's an actual conviction, but there is a 
middle ground.)

[*] For that matter it's perfectly legal to use multiple aliases -- to 
the point of having credit cards and such with that alias -- as long as 
there's no intent to defraud.

Bear



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