Monitoring, Flow Stats (Re: spam whore, norcal-systems)

It has to be a "necessary incident". Routing is an example of something
thats necessary incident to rendition of service. Or it could be for the
protection of rights or property (the oft-used abuse clause).

In this case, it says at the the end that service providers "shall not
utilize service observing or random monitoring except for mechanical or
service quality control checks"

Of course, this is all moot with mutual consent. But then you have to show
where Norcal signed off on Verio's policy. Since they aren't Verio's
customer, it doesn't seem likely they agreed to Verio's policy. And of
course, if Norcal claims they didn't agree to allow Verio to monitor and
publish their traffic, and Verio has no paper that Norcal did agree, it
seems difficult for Verio to prove that Norcal did agree. Which adds up to
something called "exposure".

    --Dean

[Though, I suppose we have progressed from two years ago when people were
certain that 2511 "only applied to telcos".]

Read our policy: http://www.qual.net/support/aup.html

Our customer, let's call them "X", agrees to our policy. Our policy clearly states that their connection is at will, and can be terminated or restricted at any time by us.

So there you have it, CYA.

The right to uncensored, free, and uncontrolled communications to and from unmoderated, public areas.

Define "public", please.

This has been ssoooooooo hashed out here, with the general consensus being
that 18 USC 2511 was inapplicable to blocking email. Furtherance of this
argument can be found at http://www.jya.com/usam9007.htm#1042 which is the
US Attorney's Manual published by the Dept. of Justice. A couple of
relevant points:

"Scope of 18 U.S.C 2511 Prohibitions

Section 2511 of Title 18 prohibits the unauthorized interception,
disclosure, and use of wire, oral, or electronic communications. The
prohibitions are absolute, subject only to the specific exemptions in Title
III. Consequently, unless an interception is
specifically authorized, it is impermissible and, assuming existence of the
requisite criminal intent, in violation of 18 U.S.C. 2511."

"1053

Exceptions to the Prohibitions -- Interceptions by Providers of Wire or
Electronic Communications Services

Section 2511(2)(a)(i) of Title 18 permits employees of providers of wire or
electronic communication services to intercept, disclose or use wire or
electronic communications in the normal course of employment while engaged
in any activity which is
necessarily incident to the rendition of service or to the protection of
the rights or property of the carrier of the communication. (The 1994 Act
made a "technical correction" that expanded this exception, which applies
to wire or electronic service providers in the normal course of their
business of rendering services or protecting rights or property to include
not only wire communications but also electronic communications. House Rep.
No. 103-827, 103d Cong., 2d Sess. 31 (1994), reprinted in
1994 U.S.Code Cong. & Ad.News 3489, 3511.) Interception, divulgence, or use
for other purposes is not permitted. "

Also listed is the definition of "intercept", which is to acquire the
contents of a communication (blocking/filtering clearly fails here). We
can also see that monitering to improve service or "...protection of the
rights or property of the carrier..." is specifically permitted. So, if
you're blocking email because you didn't give the spammer permission to use
your systems, you're legal. If your tracking packets you didn't authorize
to pass through your system, you're legal.

Microsoft Windows(tm): How much hair did you want to tear out today?

Dean Robb
PC-EASY computer services
(757) 495-EASY [3279]

Acceptable policies like the one you probably had to agree to? And since
when is "Internet Access" a human right like "Life, Liberty and the Pursuit
of Happiness"?

Before a bunch of people jump on this bandwagon and/or respond, you'd be
well advised to look at the website listed and see where Mr. Allistat is
coming from. It's...enlightening.

Microsoft Windows(tm): How much hair did you want to tear out today?

Dean Robb
PC-EASY computer services
(757) 495-EASY [3279]

Yes, please folks: don't feed the troll.