RadioBanter - View Single Post - Hey Todd, After the FCC shuts you down do you plan to Pod-Cast Omega One? BWHAAHAAHAHAHA!

N9OGL

wrote:
N9OGL wrote:

wrote:
RRAP and similar boards are not held to the same standards
as private e-mail.

Not true, these indiviuals are stalking and harassing me and had me
alread removed from 2 internet providers and threatened if I go to any
other service provider they would complain to them...that is
stalking...nice try though!!

The only way anyone can have you TOSsed is to complain. The ISP then
looks at what they are complaining about and, whaddaya know, Toad IS
sending virtual kiddie porn through their data stream! Bye, bye, Toad.

ISPs are very sensitive to that kind of stuff and tend to err on the
side of caution. Miller decision or not, they don't want to possibly
expose themselves to legal liability and the few bucks they make off of
you every month isn't nearly enough to justify the risk (in their
minds).

No but there IS federal law that do protect ISP from "liability"
including the CDA which states an ISP can not be held liable what their
user post or send. I really suggest you read other laws beside the
court case of Miller V Californmia. Try Verizon Vs RIAA (in Verzion v
RIAA, the US Court of Appeal stated that an ISP is not responsible for
what their users transmit and was not liable for copyright infringment.
citing CDA and the DMCA safe habour provision.

It's up to the ISP to actually determine whether you have committed a
violation of their Terms of Service (in other words, committed breach
of contract). If two ISPs independently came to the conclusion that
the stuff you were putting through their data streams was a TOS
violation, there had to be a good reason.

The problem is however, In Illinois according to my lawyer, a ISP is
consider a public Utlility and is such regulated by the state. Like I
said before when you suggested that I start my own ISP, the reason is
the city limits how many ISP are allowed the town (just like do with
cable) and you have to obtain a permit which cost thousands and
thousands of dollars. Internet here is regulated by both the city and
the state.

Todd N9OGL
OMEGA ONE RADIO
13.5565.00 LSB

You read the First Amendment like you read Part 15 - it means what you
want it to mean, not what it says.