Comments on: Convergence versus common-carrier principles http://lirneasia.net/2007/09/convergence-versus-common-carrier-principles/ LIRNEasia Thu, 04 Dec 2008 07:31:02 +0000 http://wordpress.org/?v=2.6.5 By: samarajiva http://lirneasia.net/2007/09/convergence-versus-common-carrier-principles/#comment-9250 samarajiva Fri, 28 Sep 2007 06:39:09 +0000 http://www.lirneasia.net/2007/09/convergence-versus-common-carrier-principles/#comment-9250 The content provisions of the common carrier doctrine apply to point-to-point messages. It is important to distinguish between point-to-point and point-to-multipoint (or broadcast). Here, the messages are actually point-to-point, in that the recipient has registered. The fact that they are sent simultaneously and not sequentially does not make them broadcasts. When point-to-point messages are transmitted without consent they used to be called nuisance calls; many countries have laws against them. In broadcast (including cell broadcast, a mobile functionality that we are studying for disaster warnings), there is no consent. If I want to receive a message and the only way to receive it is through the use of the number that I use, the phone company has no business getting in the middle. Distinguished from this are broadcast messages, where the recipient has not requested them. There, it is important that the phone company provide the recipient with the means to prevent undesirable messages from coming in. The content provisions of the common carrier doctrine apply to point-to-point messages. It is important to distinguish between point-to-point and point-to-multipoint (or broadcast).

Here, the messages are actually point-to-point, in that the recipient has registered. The fact that they are sent simultaneously and not sequentially does not make them broadcasts. When point-to-point messages are transmitted without consent they used to be called nuisance calls; many countries have laws against them.

In broadcast (including cell broadcast, a mobile functionality that we are studying for disaster warnings), there is no consent.

If I want to receive a message and the only way to receive it is through the use of the number that I use, the phone company has no business getting in the middle.

Distinguished from this are broadcast messages, where the recipient has not requested them. There, it is important that the phone company provide the recipient with the means to prevent undesirable messages from coming in.

]]> By: Amy http://lirneasia.net/2007/09/convergence-versus-common-carrier-principles/#comment-9251 Amy Thu, 27 Sep 2007 20:38:56 +0000 http://www.lirneasia.net/2007/09/convergence-versus-common-carrier-principles/#comment-9251 Would common carriage doctrine continue to apply to mass text messages sent from the internet to groups - using txtmob or twitter or other texting broadcast applications? Does the one to many, rather than one to one, alter the principle? Would common carriage doctrine continue to apply to mass text messages sent from the internet to groups - using txtmob or twitter or other texting broadcast applications? Does the one to many, rather than one to one, alter the principle?

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