Comment Re:Probably just for P2P (Score 1) 370
Here's my understanding.
ISPs are not common carriers, BUT:
- CDA 230 gives ISPs immunity for third party content not related to intellectual property, AND it *encourages* ISPs to exercise discretion, get rid of defamatory posts, etc. So here the immunity is definitely not tied to staying neutral.
- DMCA 512 gives ISPs immunity for third party intellectual property content (as long as they respond to take-down notices), but it says that ISPs must engage in "transmission, routing, provision of connections, or storage... through an automatic technical process without selection of the material by the service provider." I'm not sure that this has been tested in court, so I'm not sure what exactly it means.