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comment by dublinben
A business operating an open hotspot could surely claim safe harbors immunity as a service provider under both the DMCA and the CDA, Section 230. I can easily see large companies like McDonalds and AT&T (provider for Starbucks) going to bat over this.




ecib  ·  4680 days ago  ·  link  ·  
I have to wonder if they would be able to be classified as service providers. I definitely think they would go to bat though. Also, as the article points out, this framework sidesteps the courts completely. It's an agreement between ISPs and content providers. As I read it, DCMA isn't recognized here (probably one of the reasons the author argues that this agreement should be looked at from an antitrust perspective).
dublinben  ·  4679 days ago  ·  link  ·  
Yup, this is private right of action that was decried in SOPA and ACTA coming to bear extralegally. I don't know if there's any precedent for an inter-industry agreement like this holding up in court.