From: mnemonic@eff.org (Mike Godwin)
Newsgroups: comp.org.eff.talk
Subject: Re: Q
Date: 26 Oct 1993 15:52:24 -0400
Message-ID: <2ajv5o$dbp@eff.org>

In article <9310260238.A5042wk@chrysalis.org>,
 <thomas.hughes@chrysalis.org> wrote:
>
>
>what are the legal requirements for claiming status as a Common Carrier?

You become a common carrier only if the legislature or a regulatory body
grants you that status. No BBS or network site can qualify.


--Mike

-- 
Mike Godwin, (202) 347-5400 |"In our sleep, pain which cannot forget
mnemonic@eff.org            | falls drop by drop upon the heart until, 
Electronic Frontier         | in our own despair, against our will, comes
Foundation                  | wisdom through the awful grace of God."

-----------------------------------

Newsgroups: comp.org.eff.talk
From: kadie@cs.uiuc.edu (Carl M Kadie)
Subject: Re: Q
Message-ID: <CFIM4B.8Dw@cs.uiuc.edu>
Date: Tue, 26 Oct 1993 17:33:46 GMT

thomas.hughes@chrysalis.org writes:

>what are the legal requirements for claiming status as a Common Carrier?

I'm not a laywer, but I believe that to be common carrier you must
fall under some specific common carrier law. For example, I think
there is one for telephone companies and one for package delivery
companies. I don't know of one that covers BBS's or internet sites.

These laws give companies more limited liability in exchange for
having to accept all qualified customers and other regulation.

Note that Compuserv has been protected from suit w/o having
to be a common carrier.

- Carl

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================
law/cubby-v-compuserv
=================
* Expression -- Liability -- Cubby v. Compuserv

Report of a federal district court case which said CompuServe could
not be held liable for the defamatory content because it exercised no
editorial control.

=================
=================

If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org

These document(s) are also available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.77.172.4), and get file(s):

  pub/academic/law/cubby-v-compuserv

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/law cubby-v-compuserv
-- 
Carl Kadie -- I do not represent any organization; this is just me.
 = kadie@cs.uiuc.edu =
