AT&T Denies Censorship, Won't Change Contract 170
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."
Ok (Score:5, Funny)
Time to play the waiting game.
Re:Ok (Score:4, Insightful)
Oh, well okay then, why didn't they say so? Hell, we should give the government the right to censor too, as long as they _say_ they have no intent to do it...I mean, governments and big corporations never lie to the populace, right?
/sarcasm
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http://www.demon.net/helpdesk/producthelp/aup/thusaup/ [demon.net]
Demon cannot tolerate any behaviour by customers which negatively impacts upon its own equipment or network, or upon the use by other customers of the Internet, or which damages Demon's standing in the wider Internet community.
It's a bit broad, like most consumer contracts - essentially they can stop you being a customer if you piss them off. But as far as I know they use it to get read of spammers, sca
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b) "the contract is aimed at stopping the exploitation of children, and other tangible wrongs"
Actually, won't (a) actively prevent (b). Statistically, AT&T must employ some people who are child molesters and/or view child pornography. The clause could silence someone who wanted to 'out' one of these employees. Sure it's highly unlikely, but I don't see any other way the two i
Today then tomorrow (Score:2, Interesting)
Maybe current AT&T management has no intention of terminating accounts for criticism of the company, but what about the new managers who will be running things tomorrow? Your promises of "we won't do that" have no binding power whatsoever over the other people who will inherit the power of that contract tomorrow. (not to mention that they don't have any legal binding power over you, today).
Sorry, but that
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AT&T, thank you for not disconnecting my service upon reading this post.
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Clause not needed (Score:5, Insightful)
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should actually be stated
clause C (make AT&T look worse)
which is actually not really feasible, so it should be impossible for them to shut you off
open container law (Score:5, Interesting)
Even though we can, we won't bust you or censor you... unless we want to, then we have a contract to point at. PLUS, if Uncle Sugar sends in the FBI to snoop you, we can point to the contract that YOU signed, saying we could. So we're indemnified.
Don't worry, we'll never use that option! (Score:5, Interesting)
"Oh, that's standard contract language. Don't worry about it. We won't exercise it, we just make sure we have the option to."
"Oh, okay, then."
5 years later....
"We've come for Billy."
"What do you mean?"
"We have a contract saying you'd give us your firstborn as an apprentice. You signed it."
"But you said you'd never use that clause!"
"New management. I don't know what you're complaining about. You signed it without duress, and initialed the clause indicating you'd read and understood it."
"Mommy?"
"Sorry, honey, you have to go away with the nice Sith Lord. I'll text you every day, I promise."
Re:Don't worry, we'll never use that option! (Score:4, Insightful)
Sounds like several rental agreements I've had over the years. When moving in I ask the landlord to make note of a dozen or more minor flaws with the apartment. The landlord either outright refuses (saying, we would never ding you for something that small), or says they'll do it but doesn't, then when I am trying to get my damage deposit back years later and am now dealing with a different person I lose most or all of the deposit because there is no documentation that says these little problems pre-date me.
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Take pictures of all the dings and what not, maybe type up a little something for your landlord to sign indicating that he was aware of this damage prior to your moving in...even if he won't sign something let him know what you are doing, put those pictures / papers in an envelope and mail it to yourself your first day of occupation...then don't open the envelope until necessary, ie until infront of a judge (small claims court), but let whoever is trying to screw you
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You can easily fake a postmark, or mail yourself an unsealed envelope and put what you want to in later. If you put the stamp over the sealed side of the envelope such that you can't open the envelope without disturbing the postmark, then you have more reasonable proof that that was the date that it was sent.
Remember: civil cases are about balance of the probabilities, not beyond a reasonable doubt. Yes, it's better to have the landlord's signature, but don't roll over and play dead just because (s)he doesn't want to play ball.
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Failing that, a few credible witnesses; preferably not your relatives or the people you smoke dope with on the couch. You know, a doctor, lawer, or another professional is ideal. But pretty much anybody will do.
You don't need to -prove- beyond the shadow of a possibility that you might have faked the pictures/signatures to get out of paying.
You just have to convince the judge that of the two people in front of him you are the one telling the truth about the state of the apar
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Doesn't work around here (Score:2)
Of course, some landlords just try to screw tenants o
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Are you kidding? Texting is expensive.
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It's not just in telecom. It's in credit cards too: "We can raise your interest rates whenever we feel like it, even on 'fixed' rates. We normally won't, but what they heck, you might annoy us some day."
Or my apartment. "You have to notify us 60 days in advance for a moveout." "Hey, here's my notice today, 60 days in advance." "Oh,
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Le Sigh (Score:5, Interesting)
The only reason to use broad statements is so that you have wiggle room later on.
Lawyers love vague contract terms... Judges not so much.
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Remember them terrerists... if you're not with us....
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Then it occurred to me. If children see you disparaging AT&T, they may not grow up to be consumers of AT&T products, so that would be pre-emptively harmful to the children.
It's genius really.
No no, I think they're on to something. (Score:2)
Because nothing gets a minor to drop his drawers faster than trashing AT&T.(TM)
save the children, etc (Score:2)
Actually, to me it sounds like an unenforceable clause of the contract that they put in there to be able to strong arm someone even though it may not stand up in court.
SOP? (Score:2)
AT&T sucks (Score:5, Informative)
The ACLU won the first round of this legal challenge in August 2006, when U.S. District Court Judge Anna Diggs Taylor ruled the NSA program violates the First Amendment, the Fourth Amendment, and the Foreign Intelligence Surveillance Act in her ACLU v. NSA decision. "It was never the intent of the Framers to give the President such unfettered control," Taylor wrote in the decision, "particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights."
http://www.aclu.org/safefree/nsaspying/index.html [aclu.org]
"AT&T has been named a defendant in a class action lawsuit that claims the telecommunications company illegally cooperated with the National Security Agency's secret eavesdropping program.
A Los Angeles Times article dated Dec. 26 quoted an unnamed source as saying the NSA has a "direct hookup" into an AT&T database that stores information about all domestic phone calls, including how long they lasted.
http://news.com.com/AT38T+sued+over+NSA+spy+program/2100-1028_3-6033501.html [com.com]
"Have you turned over information or opened up your networks to the NSA without being compelled by law?"
Company Response
Adelphia Communications Declined comment
AOL Time Warner No [1]
AT&T Declined comment
BellSouth Communications No
Cable & Wireless* No response
Cablevision Systems No
CenturyTel No
Charter Communications No [1]
Cingular Wireless No [2]
Citizens Communications No response
Cogent Communications* No [1]
Comcast No
Cox Communications No
EarthLink No
Global Crossing* Inconclusive
Google Declined comment
Level 3* No response
Microsoft No [3]
NTT Communications* Inconclusive [4]
Qwest Communications No [2]
SAVVIS Communications* No response
Sprint Nextel No [2]
T-Mobile USA No [2]
United Online No response
Verizon Communications Inconclusive [5]
XO Communications* No [1]
Yahoo Declined comment
* = Not a company contacted by Rep. John Conyers.
[1] The answer did not explicitly address NSA but said that compliance happens only if required by law.
[2] Provided by a source with knowledge of what this company is telling Conyers. In the case of Sprint Nextel, the source was familiar with Nextel's operations.
[3] As part of an answer to a closely related question for a different survey.
[4] The response was "NTT Communications respects the privacy rights of our customers and complies fully with law enforcement requests as permitted and required by law."
[5] The response was "Verizon complies with applicable laws and does not comment on law enforcement or national security matters."
http://news.com.com/Some+companies+helped+the+NSA%2C+but+which/2100-1028_3-6035305.html [com.com]
Additional info from the EFF
http://www.eff.org/legal/cases/att/faq.php [eff.org]
Conversely... (Score:5, Funny)
NO CARRIER
Re:Conversely... (Score:5, Funny)
Online Bill of rights? (Score:5, Interesting)
Here's a stab at some of the rights I'd like to see protected:
1. You may not restrict the right to access, download, store, manage, edit, and publish my data on the platform and web site of my choosing. Period.
2. You may not terminate my account for political statements, inappropriate language, statements of sexual nature, religious commentary, or statements critical of your service, with exceptions for specific laws, eg. hate speech, where they apply
Hmm... that's a good start. Any others to add?
-John Mark
Count me in on this one (Score:2)
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with exceptions for specific laws, eg. hate speech, where they apply
Problem is, one man's freedom of speech is another man's hate speech.
Should read... (Score:2)
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bullshit. much of that network was built with government subsidies.
There are alternatives! (Score:3, Interesting)
There are alternatives that aren't evil. For instance, for hosting: my service [thoughtbug.com] (shameless plug) -- unless it's illegal or interferes with other clients, I won't touch it.
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So you only host stuff that's either illegal or interferes with other clients? Great business model you have, no?
-b.
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Hope that helps!
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then nixxing it won't be a problem (Score:4, Insightful)
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
Then it won't be a problem removing it, now will it? Especially since existing tort law covers libel?
Any time someone says "oh, we don't intend to use that clause, ignore it", the correct answer is "I don't intend to take a verbal assurance you won't exercise a contractually granted right."
Any time someone insists on guaranteeing something off the record or verbally instead of in the contract you are negotiating there is a reason, especially when their statements contradict terms in the contract.
I hope someone steps up and fights this.... (Score:2)
And AT&T calls checkmate (Score:5, Insightful)
Blanket surveillance excuse: "We're uhh... stopping the exploitation of children!"
Blanket excuse for a telecommunication company/government entity to do anything and everything it wants: "We're uhh... stopping the exploitation of children!"
Why has this method been so effective for so long? When will the madness end?
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Blanket surveillance excuse: "We're uhh... stopping the exploitation of children!"
Blanket excuse for a telecommunication company/government entity to do anything and everything it wants: "We're uhh... stopping the exploitation of children!"
Why has this method been so effective for so long? When will the madness end?
Sounds like you have something to hide, or else you wouldn't be complaining.
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Re:And AT&T calls checkmate (Score:4, Insightful)
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Somewhat hypocritical... (Score:2)
Actually, it's great (Score:2)
Truuuust me (Score:2)
We claim a mile, but we'll only use an inch... (Score:4, Insightful)
There's a wonderful scene in a novel by John D. MacDonald's book Condominium in which a an agent pushes a legal paper at a condominium buyer saying it is "just a formality." A week later, the buyer is in the office trying to get action on various construction problems and glitches. The air conditioner won't work, for example. The agent says "You can handle that yourself; contact the manufacturer." After several serious complaints have been brushed aside, the buyer starts mumbling about withholding payments and legal action, and the agent tells him that he's basically signed all his rights away.
"But you said that was just a formality," says the buyer.
"That's right," says the agent, "it is a formal, binding, legal agreement."
Exploitation of children? (Score:2)
What about Binding Arbitration (Score:3, Interesting)
They usually read something like "you agree never to sue us. Ever. If you're ever unhappy you agree to use binding arbitration (usually with a clause requiring phone, email, or mail settlement and barring in-person) with our chosen arbitration company xyz" ATT actually makes brief mention of small claims court but that's about it.
Now, i know our court systems are horribly abused but it seems that a legitimate use for them "They billed my checking account for 12 months of service when it never worked according to their advertised bla bla bla" can never actually come to fruition.
As for the clause everyone's complaining about: Would you let someone run a website/blog bashing your hosting company ON one of their servers? If you hate ATT enough that you'd publicly bash them, why would you use their servers to do it?
I think this whole topic is a waste of time.
person a "I want to be able to post my website and say whatever i want"
person b "well i know ISP XYZ censors what you post"
person a "Oh, ok. I won't go there then. There's only 14 million other hosting copmanies and plenty of ISP's"
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Yeah, I was thinking of switching back to dialup too. There just isn't that much need for me to have websites display in less than a couple of minutes, and online gaming was kind of overrated.
Of course, my dialup would be going over AT&T's phonelines, so I suppose they could send some guy out with the wirecutters if they don't like what I have to say.
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just re-itterating what I've already said a few times; Been there, done that. Got billed for 6 months for a t1 that was turned off. Took them to small claims court - TN allows $24k in small claims court - I won the case according to the judge - 1 month lat
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You have to realize that in a truly capitalist environment you could get away with this because someone could go to a different ISP. But in many areas you have a choice between 1-2 ISPs (not counting dial-up). You have the cable company and the phone company (and the various 3rd party resellers of the phone companies lines).
Whereas in a capitalist utopia you would have probably 10 different ISPs and all would have different terms and you could easily choose to switch bet
Twisty little passages (Score:2)
Wow, that was easy. I'm all set up to follow in Oolon Coluphid's footsteps.
AT&T *IS* the Goverment. (Score:3, Interesting)
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Seems to me more like VichyBell for the Neo-Fascist-ically inclined =)
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The Constitution doesn't grant the government "powers to protect rights". It prohibits the government from using its power to take rights away.
Placing your freedom of speech in the hands of the government is a very dangerous thing to do.
AT&T is absolutely a monopoly as are all telcos because the government can limit who provides services in there area. This is why things like WiMax, ClearWire, and DishNetwork exist because they ha
If you call me names... (Score:2, Redundant)
... I would not do business with you either.
Contrary to the popular opinion, discrimination is not illegal, unless it is on the basis of race, religion, health, or age (with some ifs and buts).
Discriminating on the basis of expression of disagreable opinions (other than religious) is perfectly legal. And it better remain so...
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Not with government support for that discrimination, it's not. Freedom of Speech shouldn't just mean that you can't be thrown in jail for speaking your mind; indirect infringements like giving eminent domain rights, government-sanctioned monopolies, etc. to censors ought to apply too. If your business requires drawing lines from point A to point Z whether the owners of points B through Y like it or
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Why? I don't see the above as self-evident at all. Unless the censorship was caused by or is otherwise in direct relationship with the government-provided benefits (which it is not in this case), there is no relation...
Ability to censor requires monopoly power (Score:2)
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That's simply not true. AT&T's monopoly on phone service ended decades ago. They never had monopoly on Internet service.
Won't somebody please... (Score:2)
Contract law (Score:2)
One of my first lessons in capitalism after the change of the political system in Poland was the lesson about contracts:
Want to terminate accounts of paedophiles and abusers? Place the wording about them in
Another KDawson non-issue spectacular! (Score:2)
This is yet another non issue that KDawson has turned into a rant against THE MAN!!!!1111! Why is he still posting articles?
Nothing new here; same old stuff (Score:2)
Remember Southwestern Bell (SBC)? I'll trace the history through cell phone service providers because that's the information I have.
When I got my first cell phone in California, it was with PacBell Mobile. Good compa
it's an age-old argument (Score:2)
Now just how many times have we heard that???
It is never a good idea to make a law broader than is necessary so that you can make sure you have all the criminals covered, at the expense of making even a small minority of the innocent sanctioned. If you can't word the law in such a way as to not incriminate the innocent, it's a bad law. And yes, it really is ok to
Insulting Turkishness (Score:2)
What if ... (Score:2)
What if the clause didn't come from higher-ups - but instead of from service personnel??
I had two friends who had worked for a small cheap foreign ISP in service. Since this is service and this is small ISP, they were all-around specialists who had to deal with literally everything, except picking the phone when customers had dialed. They are specialists after all - hot line isn't their job. But rest - is.
So. They were always complaining about customers. No, not every one of them. Not who even call t
Again already? (Score:2)
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(Okay, not so true in my area-- I'm on TDS and have options-- but I know of plenty of places, even in the town where I live, where feasible services are offered only by two or three companies.)
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Last miles (Score:2)
There are at least 4 differnt providers in my area offering DSL. I pay my provider a fairly high sixty a month for 3Mbps service. I intentionally avoid the phone company because the phone company sucks. I have no "land line" service - I h
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Providers that take off at the adsl backhaul level also sometimes have to deal with often very high prices for bandwidth to you the customer (this is certainly the case with BT over here in the UK) forcing them to
Natural Monopolies (Score:2)
Industries that involve physical infrastructure, like utilities, are commonly cited. You could have two companies each running their own water delivery pipes and their own sewer system through a city, but it would cost the city's population a lot less to pick one and avoid the duplicatio
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Wouldn't it be nice if there was at least a definition of 'harm'??
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