(c/o IP list)

From: Brett Glass <[EMAIL PROTECTED]>
Date: January 6, 2006 10:30:22 PM EST

Not long ago, Qwest tried to foist upon its customers an "agreement"
allowing the details of their telephone calls -- Customer Proprietary
Network Information, or CPNI -- to be sold to all comers.

Well, it's now at it again -- this time, with its DSL service.

Users of Qwest's DSL service recently received a letter announcing that the
FCC had allowed its terms of service -- formerly dictated by a tariff -- to
be dictated by an "agreement" published on Qwest's Web site.

I guess that they expect most users not to look up the document, because
it's an interesting one.

The fine print of the "agreement," which can be found at


prohibits, among other things, the use of a DSL line by a business to
provide a wireless hotspot for its customers. It also prohibits all users
from setting up servers -- even if they've ordered static IP addresses for
the express purpose of setting up, for example, a VPN server to let them
into their own networks. (See Section 7(a) of the "agreement.")

Tellingly, these restrictions apply EVEN IF QWEST IS NOT THE PROVIDER OF THE
Qwest is merely providing the line, and your Internet service is coming from
a third party ISP which wants to sell you bandwidth for the purpose of
running a server or a hotspot, you can't.

The "agreement" also states that the user agrees to be liable for $5.00 for
each spam message sent from his or her machine... EVEN IF HIS OR HER MACHINE
WAS TAKEN OVER BY A WORM OR SPYWARE, which is all too common in these days
of massive security holes in consumer operating systems.

There are other onerous provisions as well.

This might be a good source of business for our small wireless ISP, which is
always looking for clients who are disgruntled with Qwest. (We got a new
customer this week: a business which saw the "agreement" and decided to use
our wireless instead. That's how we found out.) But it's not cricket for an
ILEC not only to impose such onerous terms unilaterally, but to impose them
upon the customers of third party ISPs.

Are other ILECs doing similar things?

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