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AT&T Silences Criticism in New Terms of Service

Posted by CowboyNeal on Sat Sep 29, 2007 08:03 AM
from the say-no-evil dept.
marco13185 writes "AT&T's new Terms of Service give AT&T the right to suspend your account and all service "for conduct that AT&T believes"..."(c) tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries." After cooperating with the government's violations of privacy and liberties, I guess AT&T wants their fair share. AT&T users may want to think twice about commenting if they value their internet service."
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[+] AT&T Denies Censorship, Won't Change Contract 170 comments
Vox writes "As we discussed here a few days back, AT&T's Terms of Service has very broad language giving them the right to terminate the account of any AT&T Internet service customer who criticizes the company. Ars Technica notes that such broad language is not unusual in ISPs' terms of service, and that AT&T told them they won't be changing the contract. A company spokesman said it's not a big deal because they have no intent to censor criticism. AT&T claims to respect its subscribers' right to voice their opinions and says that the contract is aimed at stopping the exploitation of children, and other tangible wrongs. As the article notes, taking the company on faith after the spying scandal is asking maybe a little too much."
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  • by ph4s3 (634087) on Saturday September 29 2007, @08:12AM (#20792755)
    ...your ISP does not have the right to censor you or limit your access based on what you have to say so long as it conforms to any applicable laws.
    • Re: (Score:3, Interesting)

      Yeah but clearly this is a first amendment issue. Isnt AT&T subjected to Common Carrier rules for their internet access at the moment?
      • Re: (Score:3, Informative)

        Yeah but clearly this is a first amendment issue.
        They are not stopping you from saying anything to anyone. If after you say something that they do not like or do not agree with, they will use their right to refuse you service.

        The first amemndment does not protect you from consequences for saying something, it protects your right to say something.

          • by Sycraft-fu (314770) on Saturday September 29 2007, @11:07PM (#20798671)
            Your right to freedom of speech is NOT unlimited, it can't by. Why? Because if it was, it'd infringe on other rights. I mean lets say you are over at my house, chattering about something. I decide I want to go to bed. However you want to keep exercising your right to free speech and just keep talking to me, refusing to leave, refusing to let me sleep. See why that doesn't work?

            The way I like to put it is "The right to freedom of speech does not imply the right to be heard." In other words you are free to scream all you want about whatever you want, but you aren't free to do it in my living room, I can kick you out if I want. You are free to write whatever you want, but you aren't free to do so on my web forums, I can kick you off. You are free to express your self as you want, but you aren't free to do so at work, they are free to fire you.

            That's what people mean. Your free expression can have consequences with other private citizens, and the first amendment does not protect you from that. It can't as to do so would be to infringe on those other citizen's rights. What it protects you from is the government. The constitution is a document relating to the government. It lays out what powers the government gets to have, and places limitations on those powers. So it does say that the government can't come and arrest you for saying something they don't like.

            Your rights are not unlimited, you are not king. Your rights end where mine (and everyone else's) begin. You'd do well to learn that concept, or you are in for some real nasty surprises later in life.
      • by Darren Hiebert (626456) on Saturday September 29 2007, @10:50AM (#20793763) Homepage

        You apparently share a common misunderstanding about our Constitution. The Constitution is a document which limits the powers of our government only. Thus the protections for citizens only cover government intervention into the lives of its citizens. The Constitution has no authority over, and does not regulate, the behavior between private citizens. Only the laws that the government passes (within the powers granted by the Constitution) can regulate that.

        • by speaker of the truth (1112181) on Saturday September 29 2007, @08:38AM (#20792905)
          Then why aren't they liable for every single piece of child porn that goes through their network? Aren't they facilitating the distribution of child pornography? Possibly even accessories?
          • by LostCluster (625375) * on Saturday September 29 2007, @08:52AM (#20792997) Homepage
            They're not liable for what goes through their network because they are a common carrier. However, common carriers by definition do not monitor their network or censor for any reason... once you start down that slippery slope there's no going back.
            • by theshowmecanuck (703852) on Saturday September 29 2007, @09:20AM (#20793151) Journal
              Well obviously they are censoring no
              • Re: (Score:3, Interesting)

                I think their argument is that they arn't censoring, they are shutting down accounts altogether. If they only let messages through that didn't have "ATT Sucks" in them, that would be censoring, but this they probably argue is different.

                Honestly, I kinda agree that this isn't "censoring" in the common carrier terminology. They are shutting down accounts, so while *really* stupid and *really* scummy, I don't think it would concern their common carrier status. PS: I have ATT (Used to be bellsouth), they'
                • by Original Replica (908688) on Saturday September 29 2007, @10:58AM (#20793811) Journal
                  this isn't "censoring" in the common carrier terminology. They are shutting down accounts,

                  So in an area where they have the only service available they are silencing their critics, how is that not censoring? Isn't part of the common carrier status a requirement to not deny service to someone because of stated ideological/political beliefs? My political beliefs include ideals about how global companies should act, and thus should be protected speech in the common carrier sense.
            • by N7DR (536428) on Saturday September 29 2007, @11:49AM (#20794197)
              AT&T the ISP is not a common carrier. AT&T the ISP is not the same thing at all as AT&T the telco.

              In general, telco divisions/companies/business units are common carriers; ISP divisions/companies/business units are not.

        • Re: (Score:3, Insightful)

          Political speech? You're sorely, sorely mistaken. Next time try actually reading the words of the first amendment and not taking what some loony tells you at face value.
  • Value AT&T? (Score:3, Funny)

    by speaker of the truth (1112181) on Saturday September 29 2007, @08:12AM (#20792759)

    AT&T users may want to think twice about commenting if they value their internet service.
    I dunno. The idea of someone valuing AT&T's service while at the same time complaining about it seems a bit strange to me. They wouldn't be complaining after all if they were happy with it.
    • by Mateo_LeFou (859634) on Saturday September 29 2007, @10:45AM (#20793729) Homepage
      I agree with you wholeheartedly. Another trend I've noticed is people for some reason keep criticizing Bush, Cheney, and the various other people who run this country. And yet they *still live here! Hopefully Patriot Act 2.0 will take care of this problem.

      (/sarcasm)

      How does your line of reasoning deal with the "or its parents, affiliates and subsidiaries" language? If you continue using AT&T "service" you obviously shouldn't be allowed to express negative things about any of the other companies they do business with.
  • by freedom_india (780002) on Saturday September 29 2007, @08:13AM (#20792775) Homepage Journal
    Let them try disconnecting a landline telephone line in mid winter in East Coast to a house which has an infant in it.
    Laws exist that prevent disconnecting landline AND electricity which is used to power heat to any house in New England states which has an elder or an infant in it.

    Let AT&T just try it.

    You would see the full weight of law and the CT Supreme Court falling upon it.

    • Re: (Score:3, Interesting)

      Let them try disconnecting a landline telephone line in mid winter in East Coast to a house which has an infant in it.

      Its called "technical difficulties." Any lineworker wanting extra bonus points may climb the pole down the street and find a loose connection on your line. Might be days until they trace it down, but they fixed the wrong connection. Too bad you can't use your phone to complain and get the run-around anymore.

      Been there, done that, but with Bell South.
      • Re: (Score:3, Informative)

        The laws OP is talking about are strict liability. It doesn't matter if it was intentional or by accident.
      • Re: (Score:3, Insightful)

        Not too paranoid.

        When that language is included, somebody's going to use it. I'll agree that lawyers tend to push the bounds, but here we're talking about the company that once said "We're the phone company. We don't HAVE to care."*

        * Admittedly, this was before the prior breakup...but you'll notice that that's been undone, and now they have less regulation.
          • by NormalVisual (565491) on Saturday September 29 2007, @12:20PM (#20794427)
            The whole sketch:

            "We handle eighty-four billion calls a year. Serving everyone from presidents and kings to the scum of the earth. We realize that every so often you can't get an operator, for no apparent reason your phone goes out of order, or perhaps you get charged for a call you didn't make.

            We don't care.

            Watch this.. [ she hits buttons maniacally ] ..just lost Peoria.

            You see, this phone system consists of a multibillion-dollar matrix of space age technology that is so sophisticated, even we can't handle it. But that's your problem, isn't it? Next time you complain about your phone service, why don't you try using two Dixie cups with a string?

            We don't care. We don't have to. We're the Phone Company."


            The scary thing is that Lily Tomlin pretty much nailed it. It's a lot less funny knowing they're *really* like that.
  • by Anonymous Coward on Saturday September 29 2007, @08:14AM (#20792781)
    Come and get me yo +++ carrier lost +++
  • by speaker of the truth (1112181) on Saturday September 29 2007, @08:15AM (#20792787)
    This isn't censorship but a value added service on AT&T's behalf. If someone is complaining about AT&T obviously they're unhappy with their service and so AT&T saves them the customer the hassle of calling and cancelling the service by simply cancelling it themselves. This is a great service on AT&T's part (no more having to wait 1 hour on hold to talk to a person) and I can't see how anyone could complain about it.
  • by YojimboJango (978350) on Saturday September 29 2007, @08:17AM (#20792797)
    That reminds me of the modem rebate crap that I just had to go through with AT&T last week. Since the special rebate sticker that i'm supposed to affix to a postcard was accidentally left out of the box I have to request one by phone. Unfortunately the tech told me that there was nothing that she could do until my account had been with AT&T for at least 3 months. Something about a grace period to make sure that I'm not just signing up for service to get their crappy dsl modem for free after rebate.
    So to get this rebate I have to wait 3 months, call AT&T customer support then wait an additional 3 to 4 months for the rebate to arrive. Thats seven whole months before they have to give the rebate back. And you know what would suck even more? If they canceled my service I wouldn't ever get [error: connection to host lost]
  • This should end well (Score:4, Interesting)

    by Joe U (443617) on Saturday September 29 2007, @08:27AM (#20792841) Homepage Journal
    If AT&T starts policing content, then they have proven they have the ability and resources to police their network.

    So, now the fun begins, since they have proven they can police their network, they now have to respond to any illegal activities or risk a lawsuit.
  • by HangingChad (677530) on Saturday September 29 2007, @08:28AM (#20792845) Homepage

    AT&T cooperates in wholesale spying on the American public without a warrant, then goes back to Congress and asks for immunity from lawsuits. Now they slip a "no criticize" clause in their user agreement. Reminds me of Microsoft, only worse. When did dickish corporate behavior become the new standard? I must have missed that memo.

    The interesting question is whether corporate behavior is just a more visible mirror of the increasing lack of civility in every day relationships? Because when I think back to times when even corporations still behaved with a modicum of civility and tended to err on the side of the customer, I realized that the general level of decency at all levels of interaction was higher.

    When it comes to AT&T a whole new generation is learning why we broke them up in the first place.

      • by BlueParrot (965239) on Saturday September 29 2007, @09:29AM (#20793219)

        ethics was never a component of capitalism, we should not be surprised when companies realize that its more profitable to ignore them.


        Ok, for the love of god, stop calling the US economic system capitalism, it isn't, at least not in the way Adam Smith, or even Friedman talked about it. Capitalism assumes that the government limit regulation only to account for externalities ( pollution, healthcare, education etc... ) while simultaneously ensuring that you don't get coercive monopolies. Does this sound like the US today? AT&T is a problem precisely BECAUSE you don't have any meaningful competition. Virtually all of the problems in the US are caused by corrupt decisions that run directly against the idea of utilizing competition in a free market to balance prices. Copyright , Patents, Farmer Subsidies, Trade barriers... you name it.

        It appears to me that you have two very common naive interpretations of capitalism. The first is the "libertarian" viewpoint in which the free market is a magical solution to all problems and government intervention is the source of all evil. The second is what I like to call the "hippie" interpretation which blames all problems on capitalism no matter what. I've heard people seriously trying to argue that capitalism is the root cause of homophobia, apparently due to how corporations favor "the nuclear family" or something (I was tempted to suggest that the nuclear family should be banned on environmental concerns because radiation causes cancer, but I figured it was a bad idea. ).

        Really, stop blaming every single problem on capitalism ( or communism for that matter ). Reality is that the government is corrupt, which will cause you trouble in a planned economy as well as a market based one. Much of this is the consequence of a bad electoral system which favors only two very similar parties, but thinking that the problem would somehow go away if the US had a more socialistic system is naive at best. It would merely substitute government agencies for corporations. To really deal with it you would have to overhaul the electoral system, but that is not going to happen any time soon.

         
          • That is why every monopoly that ever existed in the world did so with the assistance of the state.

            That's just insanity in the guise of an authoritative-sounding quote. How did the "state" give Microsoft its monopoly power to force PC vendors not to carry competitors' OS products?
  • Maybe NOT! (Score:4, Insightful)

    by redelm (54142) on Saturday September 29 2007, @08:32AM (#20792871) Homepage
    Yes, this _sounds_ bad. But perhaps is is more aimed at net nuisances such as spammers and botnets. Those certainly harm the name of AT&T. Could get its' domains blacklisted. Still, AT&T has no shortage of highly-paid lawyers. They ought to have developed less-inflammatory wording.

    As a practical matter, I would expect to see these terms on business accounts (where free speech is arguable) and less on home accounts (where it is not).

    • If history has taught us anything, it is that companies - regardless of original intent - always construe the meaning of contracts in the manner most advantageous to the company.

      This clause may not be intended to be enforced against individual users, but as soon as a customer becomes critical of AT&T and starts costing them money, the company lawyers will find this clause and silence them.

    • by Xenographic (557057) on Saturday September 29 2007, @12:49PM (#20794639) Homepage Journal
      > But perhaps is is more aimed at net nuisances such as spammers and botnets

      Well, if you read the ToS, they already have that covered a thousand times over.

      > They ought to have developed less-inflammatory wording.

      Not to mention terms that haven't been ruled unconscionable before!

      Just to prove my point, per the ToS [bellsouth.net], you agree to their Acceptable Use Policy (AUP) [att.net] (it's item 13 or something, it's pretty far down the list and the AUP has all the good stuff), which states, among other things:

      Abuse of Email/Spamming

      The Service(s) you have purchased from AT&T may include the ability to send and receive electronic mail ("Email").

      Prohibited activities include, but are not limited to, the following:

      * Mass electronic messages and "mail bombings" (sending mass Email or deliberately sending very large attachments to one recipient);
      * Spamming, or sending unsolicited commercial Email (UCE), sending unsolicited Email soliciting charitable donations, or sending chain Email;
      * Forging Email headers (transmission information);
      * Using another computer, without authorization, to send multiple Email messages or to retransmit Email messages for the purpose of misleading recipients as to the origin;
      * Use of electronic mail to harass or intimidate other users;
      * Use of redirect links in unsolicited commercial Email (UCE) to advertise a website or service;
      * Use of an AT&T-provided Email address, Service or website to spam advertise, or collect responses from unsolicited Email

      (Emphasis added.) Not to mention this:

      Network Security

      It is your responsibility to ensure the security of your network and the machines that connect to the Service(s). You are responsible for ensuring that your customers and users use the Service(s) in an appropriate manner. You are required to take all necessary steps to manage the use of the Service(s) obtained from AT&T in such a way that network abuse is minimized. Violations of system or network security are prohibited, and may result in criminal and/or civil liability.

      Examples of system or network security violations include, but are not limited to the following:

      * Failing to secure your system against abuse. You are responsible for configuring and securing your services to prevent damage to the AT&T network and/or the disruption of Service(s) to other customers. You will be held liable if unknown third parties utilize your services at any time for the purpose of illegally distributing licensed software. It is your responsibility to ensure that your network and/or computer are configured in a secure manner, and to take corrective actions on vulnerable or exploited systems to prevent continued abuse. You may not, through action or inaction, allow others to use your network for illegal or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines or the agreement for the Service(s) you have purchased;
      * With respect to Dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the AT&T Service(s) or using your account for the purpose of operating a server of any type;
      * Uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

  • by jollyreaper (513215) on Saturday September 29 2007, @08:37AM (#20792897)
    I mean, the company's logo is the fucking Death Star and even George Lucas is powerless to sue them into not using it. I'm not surprised they're prosecuting thought crime. I'm assuming that they'll be feeding pirates feet-first into industrial shredders and give the pureed results to their slavering army of uruk-lawyers.
  • No, they shouldn't (Score:3, Insightful)

    by mbone (558574) on Saturday September 29 2007, @08:39AM (#20792907)
    AT&T users may want to think twice about commenting if they value their internet service."

    No, they shouldn't. There are worse things in life than loosing your Internet service, and I expect this to stand up neither in Courts of Law, nor in the Court of Public Opinion.
    • Re: (Score:3, Interesting)

      So many of you are naive that these things will come out 'right' in a court of law. Let me tell you firsthand, they do not. AT&T has complete control over the courts.

      It's just like the story from the other day where it costs the guy $7,500 to fight the police for arrest for not showing his license. He obviously had the law on his side and yet it cost him $7,500 to get the charges dropped. Yes you can say he was an idiot for getting to that point in the first place, but the fact is the law did nothing t
  • by Leuf (918654) on Saturday September 29 2007, @09:02AM (#20793057)
    If AOL did this it would finally be possible to end your service over the net.
  • by unity100 (970058) on Saturday September 29 2007, @09:04AM (#20793073) Homepage Journal
    yes they oversell without having the necessary infrastructure, yes most of their services are shitty, but i can curse and swear about them and TO them wherever i want (even on the phone) and even high courts in turkey order turkish telekom to cut uncompetitive practices. hell, even turkish telekom dns'es update themselves like in 30 minute intervals - change a .com domain name's nameservers in enom, voila - not 30 minutes pass before t.telekom dnses pick it up and show site from new place.

    america, land of the free. or was land of the free. why are you people are putting up with this kind of shit there, and not rise up and put an end to that i dont know. you have overthrown the strongest monarchy of the times at 1776. you should be able to topple a bunch of cash greedy bastards.
  • The Bully Pulpit (Score:4, Interesting)

    by Anna Merikin (529843) on Saturday September 29 2007, @09:09AM (#20793101) Journal

    AT&T, taken apart decades ago because of their abuse of monopoly power, has not learned how to compete in a free marketplace and, thus, must go back to their orginal business model: hateful monopolizing. Perhaps some of you remember or have seen reruns of Lily Tomlin's wonderful ATT operator.

    The main problem with having a president who lies and suspends constitutional rights is that the public, by example, are led to believe lying and bullying are OK. "Gee, the president makes it work for him...."

    This is the famous Bully Pulpit that the first President Roosevelt talked about.

    To give a more specific example of this principle, when former president George Herbert Walker Bush complained publicly that the Japanese government was trading unfairly with the United States (this was before the Tokyo stock crash) several Japanese tourists were attacked and beaten on the streets of US cities.

    We need a president who loves truth. Otherwise, the US has more to worry about than Ma Bell.

    Of course, Ma Bell is bad enough....

    disclaimer: I am an ATT customer in CA. rethinking my subscription to their service.

    But wait -- that leaves me with using ComCast....

    • by Conspicuous Coward (938979) on Saturday September 29 2007, @08:26AM (#20792839)

      .. why give them your money?

      I don't live in the states, but aren't they the sole provider in many areas?

      Something needs to be done to stop the growing trend of laundry-list TOS agreements that amount to "we can kick you off our network any time we damn well feel like it"; aren't there laws about unfair clauses in these kinds of contracts.

      • by erroneus (253617) on Saturday September 29 2007, @10:15AM (#20793499) Homepage
        Here's how I ab/use my own power as an IT professional.

        People look to me for advice on any range of technical issues. While I rarely, if ever, say "don't do this" I will state factual reasons not to do something. For example: iPhone -- you cannot change your own batteries. I don't say "it's 'restrictive'" or limiting or anything people will not understand. I will tell them things they can easily identify with.

        So in this case, I would say, "according to AT&T's TOS, you're not allowed to publicly complain about the quality of your service or the size of your bill!" "Not allowed to complain" is something that will register with anyone. So I plan to just tell people... with AT&T, you lose your right to complain. That will strike HARD against the consumer's heart.
    • by Qzukk (229616) on Saturday September 29 2007, @08:28AM (#20792849) Journal
      why give them your money?

      Oh right, we busted up the phone monopoly decades ago, now if you don't like your phone service, YOU CAN MOVE TO ANOTHER FUCKING STATE.

      But hey, if they cancel my service over this, I can demand phone service back thanks to their franchise contract and universal access laws. If they charge me to turn it back on, I'll have the city council going over that contract to see what can be done about getting some real competition in here.
      • by Anonymous Coward on Saturday September 29 2007, @09:13AM (#20793115)
        In Libertopia there will be three cable providers for every municipality, and they'll offer the same policies and fees because competition is just too hard. If you don't like it you can become a billionaire and buy your own cable franchise. Don't like it? Then you must hate Thomas Jefferson, and therefore you hate the United States. Why do you hate America, Statist?
      • by Anonymous Coward on Saturday September 29 2007, @09:16AM (#20793131)
        You should probably watch this ( http://video.google.com/videoplay?docid=-2004785759717366066 [google.com] ) if you think that Ma Bell is still busted up.
        • Moderators: you absolutely need to mark this Insightful

          .

          I work on order and billing systems for telcos and have some insight into this... and was just thinking the same damn thing. Colbert makes the point so much better than I could. Glad you posted this.

          Monopoly? We got no steengking monopoly. (apologies to 'Treasure of the Sierra Madre' :) )

        • Re: (Score:3, Insightful)

          I was just hoping that this applied to AT&T's wireless service; it sounds like the perfect "get out of your 2 year contract free" scheme.
    • I don't like it... (Score:4, Insightful)

      by bwcbwc (601780) on Saturday September 29 2007, @08:42AM (#20792931)
      But my choices for high speed internet are pretty much limited to Comcast and AT&T (BellSouth). So it's really a question of which evil empire I'm more "comfortable" with or am locked into by service agreements.
    • .. why give them your money? Stupid is as stupid does

      The bigger picture is that this is yet another one of those corporate slippery slopes.

      • At one time there was a first broadcaster to watermark their logo on every TV show you watch. Now they all do it.
      • Some intrepid lawyer at a credit card company thought it would be a good idea to include terms for binding arbitration in every customer contract. Now they all do it.
      • Once upon a time you could go to a movie theater without being bombarded by fuggin' Pepsi ads. Now they all do it.

      The technique is straightforward. A huge company with vast legal resources will create terms of contract that are annoying, but just a little bit less annoying than the transaction cost of replacing that company with another one. They've annoyed you, but like a frog being boiled in water, you figure you can live with it. Pretty soon all of the company's competitors are doing the same thing, and now you have no other recourse, even if you wanted to go through the time, expense, and hassle of switching.

    • Re: (Score:3, Interesting)

      by Anonymous Coward
      So what, things were good under the monopoly, lawyers got paid lots of money to manage the break up. CEO's are getting huge bonuses for having the business acumen to re-assemble the parts. The way the modern economy works is all derivative. Long ago (think post-depression) companies that were stable in stable markets were seen as fantastic opportunities. In the past 15-20 years people became enamoured with making a quick buck by flipping (houses, stocks, anything) -- it's the derivative that matters not
    • Re: (Score:3, Interesting)

      That's because AT&T was Sodomized By Cowboys.

      Sad thing is I've heard this phrase from more people inside the company than outside (usually from baby bells "acquired" by SBC).
      -nB