[clue-tech] So-called "smart" hosts.

[William]

William wrote:
> Unless the landscape has changed, I was told back in 1999 that (FCC?) 
> law specifically prohibits cable-based ISPs from allowing their 
> consumers to run servers (at home).  This isn't just a ban on web 
> servers by cable providers; this is everything.  The widely infamous 
> Port 80 ban is one consequence of this.  The explanation I received 
> was something along the lines of "Our service isn't federally 
> chartered to provide that level of Internet service to home consumers."
>
> Given this, if you want to run any kind of at-home server, you're 
> using the wrong ISP.  I use DSL instead of Cable for this very reason; 
> no restrictions.
At the off-line "behest" of a few ... more vocal ... CLUE members, I 
have performed my own first-sweep research into the statements in this 
post.  Here's what I've found:

1. The statements given to me and relayed in my above-quoted post were 
made in between 1999 and 2001 by AT&T Broadband (Nevada) and Front Range 
Internet, Inc. (Colorado).

2. In March 2002, the FCC ruled itself out of regulating Cable ISPs 
(http://www.mediaaccess.org/programs/broadband/legaltimes121602.html):
> ...the FCC made a key decision: that cable broadband is an interstate 
> information service rather than a telecommunications service.
and
> ...under the Communications Act, the FCC has limited authority to 
> impose rules or conditions on information services. Local regulators 
> are also likely to be cut out of the loop, with no say over cable 
> broadband prices and service and no authority to collect additional 
> franchise fees. 

3. Direct from the Comcast Acceptable Use Policy 
(http://work.comcast.net/legal/aup.asp):
> xv) unless you subscribe to a Service plan that expressly provides for 
> a static or statically assigned Internet protocol ("IP") address, run 
> programs, equipment, or servers from the Premises that provide network 
> content or any other services to anyone outside of your Premises LAN 
> (Local Area Network), also commonly referred to as public services or 
> servers. Examples of prohibited services and servers include, but are 
> not limited to, e-mail, Web hosting, file sharing, and proxy services 
> and servers;
Note:  Comcast was selected for this report because CLUE members seem to 
be Comcast customers.


Conclusions:
First, the statements that I assert as having been delivered to me were 
in fact received from the sources specified.  I used the term '(FCC?)' 
specifically because I did not remember from what source the 
restrictions came.

Second, these statements are irrelevant today because of the FCC's 
change in stance in March 2002.  I was not personally aware of this 
change when it occurred as I was already a DSL customer and had no need 
to keep up with changes at the FCC.

Third, using Cable ISPs to host services today is dependent upon your 
ISP's ToS and/or AUP.  If you're trying to host on a service plan that 
forbids it, it's your loss and fault if/when you get caught.

Fourth, and to address the initial post to which I replied (apparently 
kicking an ant-pile), David Guntner's post provides the best answer.  
Decisions affecting e-mail delivery are made at the ISP and MTA levels.  
Comcast will block you if they deem your traffic in violation of their 
terms.  Receiving MTAs will block your mail if they subscribe to 
black-listing policies that ban dynamic or at-home IPA ranges.

My recommendation on this topic:
Consult with your ISP and ask about relaying your outbound mail through 
their mail gateway (dubbed a 'smarthost' or 'relayhost', depending on 
the software or person you consult).


Thank you.