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[re: the Comcast lawyers]: Basically, he's trying to check the boxes.
Defamatory accusations? Check (saying someone broke the law).
Conviction or verdict in favor of accusations? No check, therefore no accusation publicized.
If the ad had said that the companies had been convicted of crimes, your second point might be valid. It didn't.
As pointed out, many people have accused the telcos of breaking the law. Where are all the defamation suits?
As pointed out, the telcos aren't going to want discovery here either.
Comcast, as a large ISP, may well have been involved in one of the more questionable aspects of Dubya's extra-FISA snooping, as one of the points of contention was as to e-mails held in transit on U.S. servers. I don't know. I'd welcome the opportunity to find out.
Cheers,