wrote:
N9OGL wrote:
It's also illegal to harass someone....it is a violation of federal
law....as well as stalking.

True. However, when you post on an open message board you open
yourself up to any and all who wish to either support or rebut your
postings. 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!!


In other words, Toad, if you want to play lumberjack, learn to handle
your end of the log.

"N9OGL" wrote in
oups.com:


wrote:
N9OGL wrote:
It's also illegal to harass someone....it is a violation of federal
law....as well as stalking.

True. However, when you post on an open message board you open
yourself up to any and all who wish to either support or rebut your
postings. 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!!




Whaaaaaaaaaaaaa!

Hold up your end of the log!

SC

Slow Code wrote:
"
slow code stalker at large

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).

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.

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

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.

N9OGL wrote:
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.

Yes, that's true, as far as it goes. But that is a "blanket"
protection in the sense that the ISP is not expected to monitor
everything that comes through its data stream because that wouldn't be
possible due to the sheer volume of data. However, when something
specific is brought to an ISPs attention the blanket protection is
compromised. When notified of a possible TOS violation the ISP has a
duty to check it out and act if action is warranted. Failure to act on
a specific allegation could expose the ISP to liability for failure to
exercise due diligence.


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.

That's interesting. I did know that some jurisdictions were beginning
to consider ISPs as public utilities subject to state and local
regulation but I wasn't aware that Illinois was one of them. Sounds to
me like typical politics - make something illegal unless you obtain a
permit, then charge up the arse for the permits. And I would bet that
most of the permits go to large companies who have the financial
wherewithal to bribe the politicians who grant the licenses. Damn
politicians get you coming and going.

That does open a very interesting can of worms, though. Since ISPs in
Illinois are considered public utilities, I would think that it would
be extremely difficult to TOS someone. After all, the electric company
is a public utility and they can't arbitrarily terminate your service
just because they don't like you; about the only thing they can
terminate service for is nonpayment of the bill.

"N9OGL" wrote in message
oups.com...

wrote:
N9OGL wrote:
It's also illegal to harass someone....it is a violation of federal
law....as well as stalking.

True. However, when you post on an open message board you open
yourself up to any and all who wish to either support or rebut your
postings. 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!!


In other words, Toad, if you want to play lumberjack, learn to handle
your end of the log.
:-0
(prolly never occured to Toad to cease violating their Terms Of Service....)

Jonathan wrote:
"
slow code stalker at large

"an_old_friend" wrote in message
oups.com...

Jonathan wrote:
"
slow code stalker at large
http://www.marksspamblog.blogspot.com/

Not Lloyd wrote:
"
/slow code stalker at large