James Sissel [email protected] writes:
A lease is created when a property owner (the offeror) makes an offer to another party (the offeree), and the offeree accepts the offer. The offer must authorize the offeree to possess and use property owned by the offeror for a certain period of time without gaining ownership. So, getting my IP address, assuming it is not static, means I get to possess and use the "property". This does not mean the "landlord" can open/alter/block/steal my mail. You seem to be confusing the IP address with the Internet traffic.
But what if I have a static IP address?
Another example, suppose I hire a trucking company to move some boxes from my house to yours. Does that give the trucking company the right to open the boxes, take stuff out, put other stuff in, or just not deliver the boxes because they are "just too busy"?
"The ISP Service may not be used in a manner that interferes with Operator's efficient operation of its facilities, the provision of services or the ability of others to utilize the ISP Service in a reasonable manner. Operator may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy (“Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Operator may from time to time determine appropriate."
So in this case your landlord could check your mail to make sure that you aren't a terrorist. And the movers could open your boxes to ensure you weren't moving bombs[1].
Footnotes: [1] Hello Echelon! (http://en.wikipedia.org/wiki/ECHELON)
Another example, suppose I hire a trucking company to move some boxes from my house to yours. Does that give the trucking company the right to open the boxes, take stuff out, put other stuff in, or just not deliver the boxes because they are "just too busy"?
"The ISP Service may not be used in a manner that interferes with Operator's efficient operation of its facilities, the provision of services or the ability of others to utilize the ISP Service in a reasonable manner. Operator may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy (âNetwork Management Toolsâ). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Operator may from time to time determine appropriate."
So in this case your landlord could check your mail to make sure that you aren't a terrorist. And the movers could open your boxes to ensure you weren't moving bombs[1].
The "boxes" are transparent. They don't have to open them to look inside for the bombs. There are also "sniffers" to check for explosive residue. The "trucking" company can take any road they want. But they must truck the "box" to the destination. They still do not have the right to open the box, add or subtract from the contents, or not deliver "just because they are too busy".
On Thu, Feb 28, 2008 at 2:53 PM, Kyle Sexton [email protected] wrote:
James Sissel [email protected] writes:
A lease is created when a property owner (the offeror) makes an offer to another party (the offeree), and the offeree accepts the offer. The offer must authorize the offeree to possess and use property owned by the offeror for a certain period of time without gaining ownership. So, getting my IP address, assuming it is not static, means I get to possess and use the "property". This does not mean the "landlord" can open/alter/block/steal my mail. You seem to be confusing the IP address with the Internet traffic.
But what if I have a static IP address?
Another example, suppose I hire a trucking company to move some boxes from my house to yours. Does that give the trucking company the right to open the boxes, take stuff out, put other stuff in, or just not deliver the boxes because they are "just too busy"?
From http://help.twcable.com/html/twc_misp_aup.html
"The ISP Service may not be used in a manner that interferes with Operator's efficient operation of its facilities, the provision of services or the ability of others to utilize the ISP Service in a reasonable manner. Operator may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy ("Network Management Tools"). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Operator may from time to time determine appropriate."
When one purchases/.leases/whatever an internet connection, you are promised x amount of download bandwidth and y amount of upload of bandwidth. Regardless of if i'm watching donkey shows, uploading child porn, hacking the CIA or organizing a hit on someone, once I am within my alloted bandwidth, my connections should be left alone. Unless I am cracking their systems to go beyond my alloted bandwidth, nothing should be done to shape it.
So in this case your landlord could check your mail to make sure that you aren't a terrorist. And the movers could open your boxes to ensure you weren't moving bombs[1].
And they should fully expect to lose their head by tripping a wire doing so.
Read the terms and conditions for TW and Comcast.
You are not allowed to do anything illegal. TW does not explicitly say that they will "eavesdrop" on your internet traffic, but Comcast does say that they or any other authorized entity does have the right to eavesdrop on your connection. And as for bandwidth, they do not "guarantee" the bandwidth that is advertised. It is always a qualified bandwidth amount that they specify. If you want "guaranteed" bandwidth with a dedicated IP address you probably need to get a T1 or better connection. And even then Comcast will allow authorized entities to eavesdrop on your connection.
As for the comparison to a trucking company, if law enforcement feels there is a possibility that the boxes hold illegal materials, they certainly will open them, go through them and may not let them continue to their destination. The trucking company will have a certain amount of liability in regards to what is in the boxes but mostly the liability will be in your lap. That's why most trucking companies will ask for a bill or lading describing what the contents of the box are. If the bill of lading says that the box contains "lots of illegal stuff" and the trucking company takes the load anyway, then they have a liability in the matter. If the bill of lading says that the boxes contain "lots of legal stuff" and the boxes really contain illegal stuff then the trucking company will have little if any liability in the matter. In both cases you will have a large liability in the matter.
Phil
-----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Arthur Pemberton Sent: Thursday, February 28, 2008 3:15 PM To: kclug Subject: Re: RoadRunner nonsense
On Thu, Feb 28, 2008 at 2:53 PM, Kyle Sexton [email protected] wrote:
James Sissel [email protected] writes:
A lease is created when a property owner (the offeror)
makes an offer to another party (the
offeree), and the offeree accepts the offer. The offer
must authorize the offeree to possess and
use property owned by the offeror for a certain period
of time without gaining ownership. So,
getting my IP address, assuming it is not static, means
I get to possess and use the
"property". This does not mean the "landlord" can
open/alter/block/steal my mail. You seem to
be confusing the IP address with the Internet traffic.
But what if I have a static IP address?
Another example, suppose I hire a trucking company to
move some boxes from my house to yours.
Does that give the trucking company the right to open
the boxes, take stuff out, put other stuff
in, or just not deliver the boxes because they are "just
too busy"?
From http://help.twcable.com/html/twc_misp_aup.html
"The ISP Service may not be used in a manner that interferes with Operator's efficient operation of its facilities, the provision of services or the ability of others to utilize the ISP Service in a reasonable manner. Operator may use various tools and techniques in order to efficiently manage its networks and to ensure
compliance with
this Acceptable Use Policy ("Network Management Tools"). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting
the number of
peer-to-peer sessions a user can conduct at the same time,
limiting the
aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network
Management Tools as
Operator may from time to time determine appropriate."
When one purchases/.leases/whatever an internet connection, you are promised x amount of download bandwidth and y amount of upload of bandwidth. Regardless of if i'm watching donkey shows, uploading child porn, hacking the CIA or organizing a hit on someone, once I am within my alloted bandwidth, my connections should be left alone. Unless I am cracking their systems to go beyond my alloted bandwidth, nothing should be done to shape it.
So in this case your landlord could check your mail to
make sure that you
aren't a terrorist. And the movers could open your boxes
to ensure you
weren't moving bombs[1].
And they should fully expect to lose their head by tripping a wire doing so.
-- Fedora 7 : sipping some of that moonshine ( www.pembo13.com ) _______________________________________________ Kclug mailing list [email protected] http://kclug.org/mailman/listinfo/kclug
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Arthur Pemberton -
James Sissel -
Kyle Sexton -
Phil Thayer