Today, VideoAge‘s Water Cooler will examine just a few of the U.S. communications industry’s many contradictions, most of which seem rather illogical.
TV stations, radio stations, and newspapers are protected under the First Amendment in the U.S., therefore they can carry any political content. Added into the U.S. Constitution in 1791, the amendment protects freedom of speech, the press, and assembly.
Telephone systems are common carriers, therefore by law they cannot discriminate on the basis of content, and cannot be sued for the content they carry. This law was reinforced by Section 230 of the Telecommunications Act of 1996.
Internet platforms are both protected by the First Amendment, and have immunity from lawsuits because they expect to be treated both as media and as carriers. Let’s call them “mediacarriers.”
But abuses and disparities are endemic in the IT sector. Case in point is the difference between software companies and sectors like transportation.
For example, if a car manufacture introduces a faulty unit, it is liable for damages. On the other hand, if a software company sells a product with security flaws, it is the consumer — not the manufacturer — who pays the consequences.
Net Neutrality is another point of contention. The law says that all traffic should be treated equally, but what should be done with operators who use lots of broadband space yet pay the same as those who use just portions? That aspect is still unclear. Normally, on the roads, vehicles that take up lots of space (like trucks) pay more for tolls and registration fees.
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