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July 30, 2008 10:56 AM PDT

Comcast, NetZero latest providers to bow to Cuomo's Usenet campaign

by Declan McCullagh

New York state Attorney General Andrew Cuomo's recent threats of adopting unspecified "legal remedies," potentially including criminal prosecution, against Comcast apparently worked.

Comcast responded this week by saying it signed a memorandum of understanding with Cuomo's office. United Online's NetZero also signed an agreement that deals with Usenet, the pre-Web collection of discussion groups.

Cuomo, a Democrat, is pitching these agreements as a way to reduce the amount of child porn on Usenet. His latest prepared statement: "I commend the companies for working with my office to aggressively eradicate online child pornography and strongly urge all outstanding Internet service providers across New York and the nation to get on board." His Web site even offers a handy "ISP complaint form."

But in reality, Cuomo's pressure tactics have misfired. They led Time Warner Cable to pull the plug on some 100,000 Usenet discussion groups, including such hotbeds of illicit content as talk.politics and misc.activism.progressive. Verizon Communications deleted such unlawful discussion groups as us.military, ny.politics, alt.society.labor-unions, and alt.politics.democrats. AT&T and Time Warner Cable have taken similar steps.

It's not clear what the memorandum of understanding involves, and whether it would be legally enforceable (by either party) and in which circumstances. Complicating matters is that Comcast doesn't actually run its own Usenet servers. It outsources that to a third-party provider based in Austin, Texas, called Giganews, which previously confirmed to us that it had been contacted by Cuomo's office.

Comcast told us the agreement did not involve writing a handsome check to Cuomo, as Verizon, Time Warner Cable, and Sprint did. But it still has not answered questions we posed on Tuesday evening about what the agreement means, what will be done differently, and what Usenet newsgroups will be removed.

Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.
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by ibeetle July 30, 2008 11:32 AM PDT
Shutting down ISP provided user groups or even worse shutting down a very small portion (e.g. alt.binaries) would be like Andrew Cuomo shutting down Manhattan because of the counterfeit DVD's and merchandise on Canal St. in Chinatown.
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by jamalystic July 30, 2008 12:08 PM PDT
This is a realy difficult position for the ISPs. It has like been hedge btw a rock and the deep sea. The only long term solution here is to zone the internet as explained here: Zoning the Internet to Protect Children(http://www.internetevolution.com/author.asp?section_id=621&doc_id=151294&F_src=flftwo)
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by JCPayne July 30, 2008 3:33 PM PDT
To ibeetle....

"Shutting down ISP provided user groups or even worse shutting down a very small portion (e.g. alt.binaries) would be like Andrew Cuomo shutting down Manhattan because of the counterfeit DVD's and merchandise on Canal St. in Chinatown."

Same logic as like impounding everyone's VCRs and photo copiers because someone might videotape a movie or copy something from a copyrighted book.....
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by Penguinisto July 30, 2008 3:34 PM PDT
I'm telling you - it'd be a lot easier for the small-time players in New York's markets to simply shut off the Internet with no notice, and tell customers to take their complaints up with Cuomo.
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by ElmoKajaky July 30, 2008 6:06 PM PDT
Let's remember this if Cuomo ever decides to run for president. And to think, I used to have some respect for the guy. No more.
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by GlennAllen July 30, 2008 6:36 PM PDT
Godfather Cuomo... making them an offer they can't refuse. (Of course, they were already blocking Usenet anyway--just more of the same.)
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