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AT&T Silences Criticism in New Terms of Service

Posted by CowboyNeal on Sat Sep 29, 2007 09:03 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, @09:12AM (#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.
        • by speaker of the truth (1112181) on Saturday September 29 2007, @09:38AM (#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, @09:52AM (#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 N7DR (536428) on Saturday September 29 2007, @12:49PM (#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.

                • by Original Replica (908688) on Saturday September 29 2007, @11:58AM (#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 freedom_india (780002) on Saturday September 29 2007, @09:13AM (#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.

          • by NormalVisual (565491) on Saturday September 29 2007, @01:20PM (#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 speaker of the truth (1112181) on Saturday September 29 2007, @09:15AM (#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, @09:17AM (#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, @09:27AM (#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, @09:28AM (#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, @10:29AM (#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.

         
  • Maybe NOT! (Score:4, Insightful)

    by redelm (54142) on Saturday September 29 2007, @09:32AM (#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).

  • by jollyreaper (513215) on Saturday September 29 2007, @09:37AM (#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.
  • by unity100 (970058) on Saturday September 29 2007, @10:04AM (#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, @10:09AM (#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, @09:26AM (#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, @11:15AM (#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, @09:28AM (#20792849)
      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.
    • I don't like it... (Score:4, Insightful)

      by bwcbwc (601780) on Saturday September 29 2007, @09:42AM (#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.