(no title)
juniper_strong | 5 years ago
There are rules about what constitutes spam on a phone network - laws limiting robocalls in some situations for example - but it isn't the phone company making those rules.
juniper_strong | 5 years ago
There are rules about what constitutes spam on a phone network - laws limiting robocalls in some situations for example - but it isn't the phone company making those rules.
r00fus|5 years ago
juniper_strong|5 years ago
"Historically, American law has divided operators of communications systems into three categories", he says, and he describes the third category as:
"Platforms, such as telephone companies, cities on whose sidewalks people might demonstrate, or broadcasters running candidate ads that they are required to carry."
His description of the liability rules for platforms:
"Platforms weren't liable at all. For instance, even if a phone company learned that an answering machine had a libelous outgoing message (see Anderson v. N.Y. Telephone Co. (N.Y. 1974)), and did nothing to cancel the owner's phone service, it couldn't be sued for libel. Likewise, a city couldn't be liable for defamatory material on signs that someone carried on city sidewalks (even though a bar could be liable once it learned of libelous material on its walls), and a broadcaster couldn't be liable for defamatory material in a candidate ad."
If you see a difference between that and "common carrier" that is relevant to whether an entity considered a traditional platform would have to carry spam or porn, what is it?