CFP96 Plenary Session

ISPs: Common Carriers or the Ultimately Responsible Parties?

• Recording of the session (in RealAudio format)

Internet service providers (ISPs), large and small, corporate and back-bedroom startup, are the backbone of the Net, but does that make them culpable for everything that flows over the Internet, in every country with a TCP/IP network connection? That's the question every business with a network connection has to answer these days. Yet there's very little firm information for ISPs to use when making a decision. It is not clear whether an ISP will be treated as a common carrier or as a publisher, held to the attendant libel laws and community standards under which publishers operate. These challenges are compounded by an unclear regulatory environment, by conflicting legal precedents concerning liability for transmission of copyrighted and libelous material, and by the enactment of the Communications Decency Act.

How do the ISPs view these challenges, what regulatory and legal environments do they advocate, and are their expectations fair and reasonable? Many of the largest telecommunications firms with plans to become ISPs try never to come onto regulators' radar, so can they effectively lobby for rights on behalf of the online world? Can corporate ISPs be activists for free expression while carrying out their legislative agendas on behalf of shareholders? This panel will look at the choices and responsibilities ISPs face in the rapidly evolving world of online communications.

Moderator: Jeff Ubois is a contributor/editor at Digital Media, Internet World, Macweek, Midrange Systems, and Asiaweek, as well as other publications. He is also director of the WebArchive 96 project at the Internet Archive, a joint effort with the Smithsonian to document the election as it happens on the Web; the Internet Archive is working to archive publically available information on the net. Jeff has been writing about the Internet since 1987, and attending CFPs since 1992. Contact: jubois@netcom.com / (510) 527-2707

Panelists:

• Brian Ek is Vice President, Government Affairs of Prodigy Services Company, which markets the PRODIGY online service and stand-alone Internet products. An 11-year veteran of the online industry, Ek is responsible for Prodigy's government relations on national and state levels, corporate issues management, pro-social initiatives, and company positioning on public policy. He is a member of the Steering Committee and Policy Co-Chair of the Massachusetts Institute of Technology's World Wide Web Consortium PICS group, Vice Chair of the Interactive Service Association's new consumer education group, a member of the ISA's Public Policy Committee, and serves on the Executive Committee of the Information Industry Association's Public Policy and Government Relations Council. Prior to joining Prodigy in 1985, Ek was responsible for public relations and advertising for five security divisions at BorgWarner. He also spent several years with Gannett as a reporter and editor. He holds an M.A. in Journalism from the Pennsylvania State University, and a B.A. in English from Upsala College. Contact: ek@prodigy.com

• Bruce Fancher is a co-owner and co-founder of Phantom Access Technologies, Inc. and Evolution Online Systems, Inc. Phantom Access has owned and operated MindVox, an online service which was Manhattan's first Internet Service Provider since 1992. Evolution Online Systems, Inc. is a software development and consulting firm focused on creating online publishing and communications systems and assisting mainstream companies enter online markets. He is also co-founder of Digital Liberty, an electronic civil rights advocacy group. Contact: bruce@evolution.com / (212) 843-5535

• Daniel P. Dern, Dern Associates. Contact: ddern@world.std.com / (617) 969-7047.

• Edward A. Cavazos is an attorney in the litigation section of Houston's Andrews and Kurth L.L.P. representing a wide variety of clients, with an emphasis on Internet-related legal issues. Mr. Cavazos is the co-author of Cyberspace and the Law: Your Rights and Duties in the On-Line World, MIT Press (1994). Contact: ecavazos@blkbox.com / (713) 220-4195

• Simson Garfinkel is a freelance journalist temporarily living on Martha's Vineyard. In his spare time, he runs Vineyard.NET, an internet service provider located in his basement. Originally started on a lark, Vineyard.NET now consumes nearly 80 hours of Garfinkel's time a week, although that's better than a few months ago. Contact: simsong@vineyard.net / (508) 696-7222

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