Path: utzoo!attcan!uunet!seismo!rick
From: rick@seismo.CSS.GOV (Rick Adams)
Newsgroups: news.admin
Subject: Re: Who defines Net.Porn ?
Summary: enhanced services provider
Message-ID: <44418@beno.seismo.CSS.GOV>
Date: 4 Oct 88 19:33:24 GMT
References: <1278@cbnews.ATT.COM> <4805@whuts.UUCP> <3498@c3pe.UUCP> <1988Oct1.215721.10566@utzoo.uucp>
Organization: Center for Seismic Studies, Arlington, VA
Lines: 35

In article <1988Oct1.215721.10566@utzoo.uucp>, henry@utzoo.uucp (Henry Spencer) writes:
 
> As has also been pointed out before, whether Usenet or any particular site
> on it (e.g. uunet) really is a common carrier is most unclear.  The
> Usenix folks got a legal opinion on this some time ago; it said, roughly,
> "this falls in a gray area between publishers and common carriers; there
> is no close precedent; nobody can be sure how a court would rule; there is
> a definite possibility that some sort of intermediate status, combining
> some features of both, would be the outcome".  I believe that uunet says
> that it considers itself a common carrier, and tries to act like one, but
> as far as I know, that is based on hope rather than solid legal backing.

As the lawyers are fond of saying, "nothing is certain until you
have actually gone to court". However, the current opinion is
that UUNET qualifies as an "enhanced services provider". This is
slightly different than a common carrier. Roughly speaking it means that
you have all of the benefits (FCC protection) without most of the
hassles (FCC regulation).

Key issues for UUNET seem to be that it is 1) reselling communications
(i.e. rebilling for Tymnet or 800 service) and 2) not acting as
a bulletin board. (i.e. no individual logins, just computer to
computer communication).

My understanding is tha the average USENET site would not be
treated as a common carrier or anything similar.

The lawyers feel that UUNET is on fairly safe ground. One commented that
our biggest liability worry should be the computer falling on someone
and injuring them...

USENET is a totally separate issue. However, as there is no "USENET"
to sue/arrest/whatever, its hard to do anything about it.

---rick