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	<title>Comments on: Net Neutralities defined</title>
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	<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/</link>
	<description>Let's just see what happens</description>
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		<title>By: Seth Finkelstein</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40565</link>
		<dc:creator>Seth Finkelstein</dc:creator>
		<pubDate>Wed, 07 Jan 2009 02:00:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40565</guid>
		<description><![CDATA[But ... but ... but ... but ...

Stepping back for a second -  David, you&#039;re having the wrong argument with me. You seem to think I&#039;m in favor of ISP blocking. This is  what I found highly ironic.

What I am is agog at the alternate universe I seemed to have slipped into, which is vaguely like a SF story where one element is permuted (&quot;President Gore said today he regrets the Saudi Arabia war has proven so destructive, while praising the efforts of America&#039;s strongest ally in the region, Iraqi leader Saddam Hussein ...&quot;).

Is anyone still reading? Would there be any point to my replying on the &quot;settled law&quot; aspect?]]></description>
		<content:encoded><![CDATA[<p>But &#8230; but &#8230; but &#8230; but &#8230;</p>
<p>Stepping back for a second &#8211;  David, you&#8217;re having the wrong argument with me. You seem to think I&#8217;m in favor of ISP blocking. This is  what I found highly ironic.</p>
<p>What I am is agog at the alternate universe I seemed to have slipped into, which is vaguely like a SF story where one element is permuted (&#8220;President Gore said today he regrets the Saudi Arabia war has proven so destructive, while praising the efforts of America&#8217;s strongest ally in the region, Iraqi leader Saddam Hussein &#8230;&#8221;).</p>
<p>Is anyone still reading? Would there be any point to my replying on the &#8220;settled law&#8221; aspect?</p>
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		<title>By: davidw</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40558</link>
		<dc:creator>davidw</dc:creator>
		<pubDate>Tue, 06 Jan 2009 19:04:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40558</guid>
		<description><![CDATA[I&#039;ve looked into the &quot;settled law&quot; a bit. The right to prohibit even protected speech is part of the 1996 Telecommunications Act, which at the time was intended to apply to the thousands of local dialup ISPs. The Brand X decision of the Supreme Court reclassified cable access from Title II (= the telecommunication industry), and putting them under to Title I (= deregulated information services). (Result: Cable did not have to provide access to third party providers, and we quickly went from thousands of ISPs to a handful.) The language you, Seth, refer to is under Title II (although it has in the past been argued that it applies to &quot;Title I&quot; services). There is debate about whether broadband should be considered entirely within Title I. 

Do I favor changing the law? It wouldn&#039;t require a change in the law: Since a regulatory decision already re-classified broadband as &quot;deregulated,&quot; a similar regulatory decision could re-classify it again to prohibit discrimination (requiring some wrangling with definitions and mutual exclusivity of terms like &quot;telecommunications service&quot; and &quot;information service&quot;). But, yes, I would favor rewriting the obsolete 1996 Telecommunications Act (and the outmoded and technologically siloed structure of the Communications Act overall).]]></description>
		<content:encoded><![CDATA[<p>I&#8217;ve looked into the &#8220;settled law&#8221; a bit. The right to prohibit even protected speech is part of the 1996 Telecommunications Act, which at the time was intended to apply to the thousands of local dialup ISPs. The Brand X decision of the Supreme Court reclassified cable access from Title II (= the telecommunication industry), and putting them under to Title I (= deregulated information services). (Result: Cable did not have to provide access to third party providers, and we quickly went from thousands of ISPs to a handful.) The language you, Seth, refer to is under Title II (although it has in the past been argued that it applies to &#8220;Title I&#8221; services). There is debate about whether broadband should be considered entirely within Title I. </p>
<p>Do I favor changing the law? It wouldn&#8217;t require a change in the law: Since a regulatory decision already re-classified broadband as &#8220;deregulated,&#8221; a similar regulatory decision could re-classify it again to prohibit discrimination (requiring some wrangling with definitions and mutual exclusivity of terms like &#8220;telecommunications service&#8221; and &#8220;information service&#8221;). But, yes, I would favor rewriting the obsolete 1996 Telecommunications Act (and the outmoded and technologically siloed structure of the Communications Act overall).</p>
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		<title>By: Seth Finkelstein</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40496</link>
		<dc:creator>Seth Finkelstein</dc:creator>
		<pubDate>Fri, 02 Jan 2009 21:27:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40496</guid>
		<description><![CDATA[As I pointed out above, I&#039;m trying not to ask paradoxical questions about  your motives. But rather &quot; I try to figure out how to frame questions that can and might be answered.&quot;. I wouldn&#039;t say I&#039;ve been totally successful in keeping away from the motives question in this thread, but trying to avoid it in specific is how I&#039;ve been addressing the issue (thanks for the replies, by the way).

Note I don&#039;t claim there&#039;s a direct payment, and in fact have criticized (admittedly usually privately) people who make such charges, which I regard as again too simplistic. But denying, let us say, the broad ecology, would be absurd.]]></description>
		<content:encoded><![CDATA[<p>As I pointed out above, I&#8217;m trying not to ask paradoxical questions about  your motives. But rather &#8221; I try to figure out how to frame questions that can and might be answered.&#8221;. I wouldn&#8217;t say I&#8217;ve been totally successful in keeping away from the motives question in this thread, but trying to avoid it in specific is how I&#8217;ve been addressing the issue (thanks for the replies, by the way).</p>
<p>Note I don&#8217;t claim there&#8217;s a direct payment, and in fact have criticized (admittedly usually privately) people who make such charges, which I regard as again too simplistic. But denying, let us say, the broad ecology, would be absurd.</p>
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		<title>By: davidw</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40495</link>
		<dc:creator>davidw</dc:creator>
		<pubDate>Fri, 02 Jan 2009 20:59:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40495</guid>
		<description><![CDATA[Seth, first, thanks for the corrections and expansions.

As I know from having had this conversation with you several times over the past few years, there is nothing that I can say about my motives that you will believe (except perhaps to admit to being influenced in ways that I&#039;m not being influenced).  I make the free speech argument for NN because I am a liberal who wants the Net to remain open to all constitutionally protected speech. The only place I can think of where I made a NN argument and was paid was at a cable conf where I was booed. Nor have I been paid by any of the companies supporting NN, as far as I can recall. Nor do I have prospects of being paid. 

But, then, I would say that :)

So, as in the past, I don&#039;t see a way forward with this conversation about my motives. Do you? I think not, since you write &quot;of course it&#039;s going to be denied even if it were true.&quot;]]></description>
		<content:encoded><![CDATA[<p>Seth, first, thanks for the corrections and expansions.</p>
<p>As I know from having had this conversation with you several times over the past few years, there is nothing that I can say about my motives that you will believe (except perhaps to admit to being influenced in ways that I&#8217;m not being influenced).  I make the free speech argument for NN because I am a liberal who wants the Net to remain open to all constitutionally protected speech. The only place I can think of where I made a NN argument and was paid was at a cable conf where I was booed. Nor have I been paid by any of the companies supporting NN, as far as I can recall. Nor do I have prospects of being paid. </p>
<p>But, then, I would say that :)</p>
<p>So, as in the past, I don&#8217;t see a way forward with this conversation about my motives. Do you? I think not, since you write &#8220;of course it&#8217;s going to be denied even if it were true.&#8221;</p>
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		<title>By: Seth Finkelstein</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40494</link>
		<dc:creator>Seth Finkelstein</dc:creator>
		<pubDate>Fri, 02 Jan 2009 20:37:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40494</guid>
		<description><![CDATA[To reply directly, without taking offense, your description is simplistically caricaturing a far more nuanced and logical perspective.

There are professions - trial lawyer, political lobbyist, PR flack, marketer, etc. - which I call &quot;paid liar&quot;. Asking people in these professions &quot;Do you really believe what you just said, or are you only saying it because it&#039;s your job?&quot; is paradoxical, since their &lt;em&gt;job&lt;/em&gt; is to lie (to a certain approximation - one can dance around the blunt characterization, but that&#039;s the basic idea). This is merely a fact. Not everyone is dedicated to truth and justice.

Large amounts of corporate money at stake have an inverse correlation to truth and justice, another fact.

So, for people who make their living saying things which please people with large amounts of money, well, let&#039;s say that&#039;s a very different case than the generic &quot;those who disagree with you&quot;.

You are a &lt;em&gt;very&lt;/em&gt; smart and sophisticated man. You have to be, in order to prosper in the environment you&#039;re in.

I often wonder how people who survive and prosper in that environment, manage to do it, and how they think.

Thus, I try to figure out how to frame questions that can and might be answered.

0) Is David really making a free-speech argument? Yes
1) Does David know it&#039;s long been law that ISPs can block &quot;objectionable&quot; content? No.
2) Does David care? Also No (again, approximately)
Which is very interesting from my perspective.

Now, the question &quot;Is David making this free-speech argument because he&#039;s trying to come up with a clever way to market NN?&quot; - I&#039;d love to know the answer, but of course it&#039;s going to be denied even if it were true. Note - at this point, the strawman is to claim I believe &quot;... and so he MUST be lying&quot;. I didn&#039;t say that.
Note also something like &quot;I [heart] free speech&quot; isn&#039;t addressing that question either.

And you wouldn&#039;t believe my explanation, not because you&#039;d think I&#039;m a liar myself, but rather that there&#039;s too many aspects of it which would cause cognitive dissonance (for an analogy, imagine the terrible time the bona-fide victims of CIA mind-control experiments must have if they try to tell anyone about it).]]></description>
		<content:encoded><![CDATA[<p>To reply directly, without taking offense, your description is simplistically caricaturing a far more nuanced and logical perspective.</p>
<p>There are professions &#8211; trial lawyer, political lobbyist, PR flack, marketer, etc. &#8211; which I call &#8220;paid liar&#8221;. Asking people in these professions &#8220;Do you really believe what you just said, or are you only saying it because it&#8217;s your job?&#8221; is paradoxical, since their <em>job</em> is to lie (to a certain approximation &#8211; one can dance around the blunt characterization, but that&#8217;s the basic idea). This is merely a fact. Not everyone is dedicated to truth and justice.</p>
<p>Large amounts of corporate money at stake have an inverse correlation to truth and justice, another fact.</p>
<p>So, for people who make their living saying things which please people with large amounts of money, well, let&#8217;s say that&#8217;s a very different case than the generic &#8220;those who disagree with you&#8221;.</p>
<p>You are a <em>very</em> smart and sophisticated man. You have to be, in order to prosper in the environment you&#8217;re in.</p>
<p>I often wonder how people who survive and prosper in that environment, manage to do it, and how they think.</p>
<p>Thus, I try to figure out how to frame questions that can and might be answered.</p>
<p>0) Is David really making a free-speech argument? Yes<br />
1) Does David know it&#8217;s long been law that ISPs can block &#8220;objectionable&#8221; content? No.<br />
2) Does David care? Also No (again, approximately)<br />
Which is very interesting from my perspective.</p>
<p>Now, the question &#8220;Is David making this free-speech argument because he&#8217;s trying to come up with a clever way to market NN?&#8221; &#8211; I&#8217;d love to know the answer, but of course it&#8217;s going to be denied even if it were true. Note &#8211; at this point, the strawman is to claim I believe &#8220;&#8230; and so he MUST be lying&#8221;. I didn&#8217;t say that.<br />
Note also something like &#8220;I [heart] free speech&#8221; isn&#8217;t addressing that question either.</p>
<p>And you wouldn&#8217;t believe my explanation, not because you&#8217;d think I&#8217;m a liar myself, but rather that there&#8217;s too many aspects of it which would cause cognitive dissonance (for an analogy, imagine the terrible time the bona-fide victims of CIA mind-control experiments must have if they try to tell anyone about it).</p>
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		<title>By: davidw</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40493</link>
		<dc:creator>davidw</dc:creator>
		<pubDate>Fri, 02 Jan 2009 19:10:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40493</guid>
		<description><![CDATA[I think I understand your question now, Seth. It is the discussion you and I keep having in which you assume that those who disagree with you (or at least I) must have some ulterior motive because you think we are too smart to actually believe what we say we believe. When I protest that I don&#039;t have ulterior motives (beyond the inevitable ones due to the fact that we all live in a social world), you think I must be dissembling; given your premises, it&#039;s natural to think that those who are suborned (one way or another) would of course also deny that they have been suborned. 

And the irony of the irony is that of course I&#039;d believe your explanation, because I don&#039;t share your premises about the motivation of those with whom I disagree. I think you tell me the truth about your beliefs and about your reasons for those beliefs. 

If I&#039;ve got this wrong -- I&#039;m doing a LOT of filling in here -- please feel free to set me straight. No offense intended.]]></description>
		<content:encoded><![CDATA[<p>I think I understand your question now, Seth. It is the discussion you and I keep having in which you assume that those who disagree with you (or at least I) must have some ulterior motive because you think we are too smart to actually believe what we say we believe. When I protest that I don&#8217;t have ulterior motives (beyond the inevitable ones due to the fact that we all live in a social world), you think I must be dissembling; given your premises, it&#8217;s natural to think that those who are suborned (one way or another) would of course also deny that they have been suborned. </p>
<p>And the irony of the irony is that of course I&#8217;d believe your explanation, because I don&#8217;t share your premises about the motivation of those with whom I disagree. I think you tell me the truth about your beliefs and about your reasons for those beliefs. </p>
<p>If I&#8217;ve got this wrong &#8212; I&#8217;m doing a LOT of filling in here &#8212; please feel free to set me straight. No offense intended.</p>
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		<title>By: Seth Finkelstein</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40492</link>
		<dc:creator>Seth Finkelstein</dc:creator>
		<pubDate>Fri, 02 Jan 2009 18:51:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40492</guid>
		<description><![CDATA[Well, as a technical matter,  &quot;end-to-end&#039; is highly oversimplified to the point of being wrong, as many have explained.

I&#039;m trying to frame my questions in a way which won&#039;t anger you. They are about the reasoning and ecology of the surrounding politics. I&#039;m sincerely interested in it because it continually flabbergasts me (which is probably more about my lack of understanding of politics than anything else).
I suppose the deep question is a paradox that can rarely be answered.
More minor questions here were about if you really were saying what you appeared to be saying (since a few years ago, it would have been a very disfavored stance).

The phrase &quot;secret benefits&quot; is kind of a strawman. I&#039;d put it more at &quot;economy of influence&quot;.

For the irony, well, I don&#039;t think you&#039;d believe me if I fully explained it, though I&#039;ve mentioned elements to you before :-(. I&#039;d say &quot;Hint: What was my highest accomplishment in net.policy?&quot;, but these days, most people would probably think that was writing critical columns about Wikipedia, since that&#039;s what I seem to be most well-known for now.]]></description>
		<content:encoded><![CDATA[<p>Well, as a technical matter,  &#8220;end-to-end&#8217; is highly oversimplified to the point of being wrong, as many have explained.</p>
<p>I&#8217;m trying to frame my questions in a way which won&#8217;t anger you. They are about the reasoning and ecology of the surrounding politics. I&#8217;m sincerely interested in it because it continually flabbergasts me (which is probably more about my lack of understanding of politics than anything else).<br />
I suppose the deep question is a paradox that can rarely be answered.<br />
More minor questions here were about if you really were saying what you appeared to be saying (since a few years ago, it would have been a very disfavored stance).</p>
<p>The phrase &#8220;secret benefits&#8221; is kind of a strawman. I&#8217;d put it more at &#8220;economy of influence&#8221;.</p>
<p>For the irony, well, I don&#8217;t think you&#8217;d believe me if I fully explained it, though I&#8217;ve mentioned elements to you before :-(. I&#8217;d say &#8220;Hint: What was my highest accomplishment in net.policy?&#8221;, but these days, most people would probably think that was writing critical columns about Wikipedia, since that&#8217;s what I seem to be most well-known for now.</p>
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		<title>By: davidw</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40490</link>
		<dc:creator>davidw</dc:creator>
		<pubDate>Fri, 02 Jan 2009 18:17:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40490</guid>
		<description><![CDATA[My catechism is that the network of networks is characterized by adherence to a particular set of protocols. Those protocols, according to my weak understanding (IANAG: g=geek) is that they they adhere to the end-to-end principle that tries to avoid unnecessary discrimination. (The &quot;unnecessary&quot; allows discussion of exceptions.) The access providers are allowed, within the open market, to charge what they want, but since it&#039;s not a truly open market, some degree of regulation seems to me to be desirable. 

As for the access providers deciding _what_ they&#039;ll carry: I&#039;m fine with legislation that provides them safe harbor and for NOT allowing them to block constitutionally protected speech.

But, I believe I&#039;m missing your point. I appreciate that you&#039;re not arguing policy. But I&#039;m not sure what sort of answer would be responsive to your desire to understand the politics of it. I&#039;m missing something pretty obvious, which seems to be my speciality. Do you mean the political values that moves NN supporters?(E.g., &quot;I love free speech above all else&quot;) Or do you want to know what secret benefits NN supporters get for their position? (E.g., &quot;I get paid by Google and don&#039;t want to upset my relationship with them&quot;). Or something else?

I also don&#039;t see the unintended irony of my statement. I was (implicitly) hypothesizing that you had stuff on your site or in your instant messages that the ISPs found objectionable, whatever that content might be. What am I missing?]]></description>
		<content:encoded><![CDATA[<p>My catechism is that the network of networks is characterized by adherence to a particular set of protocols. Those protocols, according to my weak understanding (IANAG: g=geek) is that they they adhere to the end-to-end principle that tries to avoid unnecessary discrimination. (The &#8220;unnecessary&#8221; allows discussion of exceptions.) The access providers are allowed, within the open market, to charge what they want, but since it&#8217;s not a truly open market, some degree of regulation seems to me to be desirable. </p>
<p>As for the access providers deciding _what_ they&#8217;ll carry: I&#8217;m fine with legislation that provides them safe harbor and for NOT allowing them to block constitutionally protected speech.</p>
<p>But, I believe I&#8217;m missing your point. I appreciate that you&#8217;re not arguing policy. But I&#8217;m not sure what sort of answer would be responsive to your desire to understand the politics of it. I&#8217;m missing something pretty obvious, which seems to be my speciality. Do you mean the political values that moves NN supporters?(E.g., &#8220;I love free speech above all else&#8221;) Or do you want to know what secret benefits NN supporters get for their position? (E.g., &#8220;I get paid by Google and don&#8217;t want to upset my relationship with them&#8221;). Or something else?</p>
<p>I also don&#8217;t see the unintended irony of my statement. I was (implicitly) hypothesizing that you had stuff on your site or in your instant messages that the ISPs found objectionable, whatever that content might be. What am I missing?</p>
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		<title>By: Seth Finkelstein</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40489</link>
		<dc:creator>Seth Finkelstein</dc:creator>
		<pubDate>Fri, 02 Jan 2009 17:50:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40489</guid>
		<description><![CDATA[IANAL either ... but this is pretty basic stuff. The catechism is that the Internet is a &quot;network of networks&quot;, basically a bunch of very lightly regulated private businesses which have a large amount of policy-setting power (not unquestioned, but broad). This is often mischaracterized as being &quot;unregulated&quot;, but it&#039;s more like ISP&#039;s are treated like shipping companies, which can indeed decide to be arbitrary as to what they carry and what they charge for freight.

I&#039;m not arguing  the policy with you. I&#039;m trying to figure out the politics. As I keep saying, it&#039;s extremely weird to me.

I&#039;m not offended, but your comment - &quot;Would you be ok with Verizon blocking your site or your IMâ€™s because they donâ€™t like the content?&quot; -
 is &lt;em&gt;highly&lt;/em&gt; ironic.]]></description>
		<content:encoded><![CDATA[<p>IANAL either &#8230; but this is pretty basic stuff. The catechism is that the Internet is a &#8220;network of networks&#8221;, basically a bunch of very lightly regulated private businesses which have a large amount of policy-setting power (not unquestioned, but broad). This is often mischaracterized as being &#8220;unregulated&#8221;, but it&#8217;s more like ISP&#8217;s are treated like shipping companies, which can indeed decide to be arbitrary as to what they carry and what they charge for freight.</p>
<p>I&#8217;m not arguing  the policy with you. I&#8217;m trying to figure out the politics. As I keep saying, it&#8217;s extremely weird to me.</p>
<p>I&#8217;m not offended, but your comment &#8211; &#8220;Would you be ok with Verizon blocking your site or your IMâ€™s because they donâ€™t like the content?&#8221; -<br />
 is <em>highly</em> ironic.</p>
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		<title>By: davidw</title>
		<link>http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/comment-page-1/#comment-40487</link>
		<dc:creator>davidw</dc:creator>
		<pubDate>Fri, 02 Jan 2009 16:18:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.hyperorg.com/blogger/2008/12/30/net-neutralities-defined/#comment-40487</guid>
		<description><![CDATA[Seth, as you know, IANAL. But, sure, I&#039;d favor repealing that law! Given the extremely weak competitive situation, I am very unhappy with allowing Verizon or Comcast (et al.) to censor constitutionally protected speech, just as we would not permit AT&amp;T to censor our phone calls. Would you be ok with Verizon blocking your site or your IM&#039;s because they don&#039;t like the content?

As for &quot;my server my rules,&quot; I do believe that access providers should be subject to laws and regulations.]]></description>
		<content:encoded><![CDATA[<p>Seth, as you know, IANAL. But, sure, I&#8217;d favor repealing that law! Given the extremely weak competitive situation, I am very unhappy with allowing Verizon or Comcast (et al.) to censor constitutionally protected speech, just as we would not permit AT&#038;T to censor our phone calls. Would you be ok with Verizon blocking your site or your IM&#8217;s because they don&#8217;t like the content?</p>
<p>As for &#8220;my server my rules,&#8221; I do believe that access providers should be subject to laws and regulations.</p>
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