Outcry Wins AT&T and Verizon Customers the Right to Gripe
It has been a good week for free speech on the Internet. On Wednesday Verizon joined AT&T and altered its terms and conditions for its Internet service customers allowing them to be critical of their ISP without fear of having their accounts terminated.
Verizon's terms and conditions for its ISP service previously stated customers risked losing service if they "damage the name or reputation of Verizon, its parent, affiliates and subsidiaries, or any third parties."
AT&T also had a clause in its terms of service which stated AT&T reserved the right to cancel a subscribers' service if their conduct "tended to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries."
News of AT&T strict terms of service was widely criticized when the popular Web site Slashdot reported AT&T had changed its terms of service to include the harsh new termination provision. The AT&T censorship hammer, it was theorized by many, could be used against anyone who posted complaints against AT&T on a Web forum, their personal blog, or Web site. To enforce the provision AT&T would have to essentially spy on its customers, people worried.
Others like Los Angeles Times columnist David Lazarus argued the provisions highlighted the dangers to free speech when a relative handful of private companies serve as gatekeepers to information networks.
AT&T changed its terms of service to something that sounds egalitarian: "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."
It didn't take long for Verizon to follow AT&T's lead. Earlier this week spokesperson for Verizon, John Czwartacki, wrote on Verizon company blog: "We've decided to eliminate the language from the policy. The intent of this provision; which, as I mentioned, has been in our policy for nearly a decade -- has always been to stop anyone who might represent themselves as Verizon in an attempt to do harm."
Earlier this month Verizon had faced harsh criticism when it declined NARAL Pro-Choice America's request for a "short code" to communicate with supporters. Short codes are numbers that people can subscribe to for updates from companies, organizations, or other groups. Verizon later apologized and permitted NARAL to use short codes to communicate with its members.
In the past AT&T has also come under the censorship specter. In August it was accused of censoring Pearl Jam's Eddie Vedder during a Webcast when the singer made political comments. AT&T later said it wasn't censorship, rather a technical glitch.
Strict decency standards imposed by some cellular carriers on content may affect text and images sent between users. In a story I wrote in June of 2006 I found U.S. wireless carriers have set strict decency guidelines for their content partners, restricting or banning potentially offensive language, ringtones, games, and videos--including, in some cases words, such as lesbian or pictures of women in swimsuits.
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Well well well... seems like major corporations have to (at least sometimes) follow U.S. Constitutional law - even if the federal gov't. doesn't... progress!
You misssed the lesson here. On a private network there isn't a free speech requirement -- these companies can restrict speech on their wireless networks because its not the Public Switched Network. There is no common carrier requirement. The victory here was moral, not legal.
Free speech won not because of a law, but for two non-judicial reasons. 1.) corporate and individual customers expect to do as the like when they are paying the bill; 2.) political leaders of all stripes feel wronged by the media - and they aren't going to let telco's become gate keepers.
This last point in important because telcos are highly regulated.
This line of though is extended with links at:
http://usefularts.us just search on the word Verizon.