Take a look at the FCC's best rulings, and there you will find Carterfone. You will find it, for example, in the agency's 1998 decision to let consumers pick and choose their own cable set top boxes. "Subscribers have the right to attach any compatible navigation device to a multichannel video programming system," the Commission declared. "We conclude that the core requirement, to make possible the commercial availability of equipment to MVPD subscribers, is similar to the Carterfone principle adopted by the Commission in the telephone environment."

Arriving at my house, I located the box and sat down with it on the couch. It was very, very light, but I've become accustomed to good things not weighing much. Pulling out my trusty Swiss Tech Utili-Key, I carefully sliced open my unexpected delivery. Inside was a packing slip with a single line item:

75011 MISC iPhone PPA BAG ... $0.00

Yes, it was an unsolicited, rush delivery, plastic iPhone bag.

At a Washington, DC, tech conference last week, RIAA boss Cary Sherman suggested that Internet filtering was a super idea but that he saw no reason to mandate it. Turns out that was only part of the story, though; Sherman's a sharp guy, and he's fully aware that filtering will prompt an encryption arms race that is going to be impossible to win... unless users somehow install the filtering software on their home PCs or equipment.

...

But who would voluntarily install software that would continually scan incoming P2P streams for copyrighted material after that material has been decrypted? Or software that would watch every song you played and tried to figure out if it was legit?

Sherman knows it's a tough sell. "Why would somebody put that on their machine?" he asked rhetorically. "They wouldn't likely want to do that."

...

What's most incredible about all of this is that the RIAA and some ISPs (namely AT&T) are seriously moving ahead with a filtering regime despite their own admissions that it won't work. Filters might work, they might allow for fair use, and they could conceivably be built in such a way as to maintain privacy, but it just wouldn't matter. Filtering as a concept is ultimately doomed by encryption unless the "filters" simply block entire protocols altogether, and talking about the consumer benefits of installing RIAA-approved filtering software is just another sign of how ludicrous the entire debate has become.

AT&T will clarify the language in its Internet Terms of Service agreements to reiterate the company's commitment to freedom of speech and open dialogue...whether that be via the Internet or elsewhere on the AT&T network.

AT&T's Terms of Service follow the company's longstanding respect for our customers' freedom of speech, and clarifies that we will not terminate or suspend a customers' Internet access service based upon their political views or criticism of AT&T. Our Terms of Service and Acceptable Use Policy are designed to protect our customers, the public, and our network and the facilities used to provide service. As a responsible corporate citizen, we will review any complaints surrounding material that's in violation of the law, compromises our network, or is abusive or otherwise threatening to the safety of any individual or group.

Specifically, the adjusted language will read:

5.1 Suspension/Termination. AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. However, AT&T may immediately terminate or suspend all or a portion of your Service, any Member ID, electronic mail address, IP address, Universal Resource Locator or domain name used by you, without notice, for conduct that AT&T believes (a) violates the Acceptable Use Policy; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these TOS, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. Termination or suspension by AT&T of Service also constitutes termination or suspension (as applicable) of your license to use any Software. AT&T may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service.

We feel that the clarifying language better reflects our actual long-held policy, which respects AT&T's customers' rights to freely voice their opinions and concerns.

In addition, we are in the process of reviewing our entire Terms of Service to ensure it reflects AT&T's ongoing and unblemished commitment to freedom of expression as outlined in the language above.

Previously, Use AT&T's Datalines To Say You're Unhappy And They'll Terminate Your Account

"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."

Given that in most parts of the country there is no choice in ISP, in order to get online, one must use an ISP that one may not like. Complaining about said ISP online will get you kicked offline since you're using their pipes to do so.

What crap.