From: Mike Godwin <mnemonic@eff.org>
Date: Mon, 25 Oct 93 17:49:43 PDT
To: thomas.hughes@chrysalis.org
Subject: Re: Q
In-Reply-To: <9310250013.A6273wk@chrysalis.org>
Message-ID: <199310260045.AA00356@eff.org>
MIME-Version: 1.0
Content-Type: text/plain


 
>  --> Note: Forwarded (from: DFW)
>  Originally from Bryny (1:124/4109.0)
>  Original dated: Oct 23 '93, 18:36
>  
> The EPCA applies to Common Carriers.  Thus it applies to Compuserve, MCI Mail,
> etc.  It does not apply to bulletin boards unless they issue mail contracts.
>  
>  
> ----8<----
>  
> what are the actual legal requirements for claiming status as a Common 
> Carrier??  (other than being in the USA ...)
>  
> signed written agreements?

Just about everything said about common carriers in these postings is
wrong. ECPA is not limited to common carriers, for example. And it *does*
apply to BBSs.

Finally, one doesn't claim common carrier status, absent a legislative or
regulatory grant of that status.

For a brief period, thanks to some partial research I'd done in the
subject, I was under the impression that there is such a thing as a
"common-law common carrier," at least potentially. I now know that this is
not the case.


--Mike