[oclug] rogers EUA

[Brad Barnett]

On Wed, 20 Mar 2002 22:38:44 -0500 (EST)
"David F. Skoll" <dfs at roaringpenguin.com> wrote:

> On Wed, 20 Mar 2002, Brad Barnett wrote:
> 
> > OK, the next time a minority comes into your place of business, tell
> > them you don't want them their because of their colour or race.  See
> > what happens if you legally if you do it to the wrong person.
> 
> What will happen?  Can you point me to any reference?
> 
> And what if I decline to give a reason?
> 

I'm not going to look for a reference, but I assure you someone could sue
on that basis and win.  They could also sue if you didn't give a reason,
but there was substantial evidence that you were declining service because
of some racist reason (that is, the judge would allow a trial).  They may
lose, but if they could (somehow) prove that all of your turned away
customers were black, and that you were a racist, and so on.. they'd
probably win.  Civil court is a little more flexible in terms of guilt.

Of course, if a racist doesn't give a reason it certainly helps keep him
out of trouble. ;)


> > > Why not?  If you don't like it, go to another ISP.  The right to
> > > freedom of speech applies to government restrictions; private
> > > organizations can censor content if they so desire.
> 
> > Heh.  Let's see what happens if Bell Canada disconnects someone's
> > phones based on the fact that they are communist.
> 
> As I said in context which you deleted, Bell is regulated. 
> Ma-and-Pa-ISP can certainly take down a communist Web site if they are
> anti-communist.
> 

Sure you Bell is regulated, but you were talking about Bell "turning down"
business from people if it so desires.

As for the anti-communist web site, I'm willing to bet that a trip to the
supreme court would change that.  I've said repeatedly that ISPs can
censor you.  You are agreeing with my by saying so.

What I've been talking about is _changing_ that.  My comment about Bell
Canada above is to show you that at one point in time, people understood
that a "pipe" provider must not be allowed to censor.