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Ban on Internet Access Tax Dies in Senate

Justen writes "The Associated Press is reporting (via Yahoo! News) that the bill to permanently ban federal and state taxes on the Internet, via the Internet Tax Freedom Act, has died in the Senate. 'The problem arose over the definition of 'Internet access' -- services that connect consumers to the Internet. The strongest proponents for a permanent ban want to make sure that all access technologies -- from phone lines to DSL to cable modems -- get equal freedom from taxation.'"

36 of 191 comments (clear)

  1. Bad Name to Blame by Motherfucking+Shit · · Score: 5, Funny

    If they'd just called it the Preserve Access to Telecommunications and Required Infrastructure for Online Transactions (PATRIOT) act, it would have swept through both houses of Congress with little opposition. Haven't our legislators learned anything?!

    --
    "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    1. Re:Bad Name to Blame by tds67 · · Score: 5, Funny
      If they'd just called it the Preserve Access to Telecommunications and Required Infrastructure for Online Transactions (PATRIOT) act, it would have swept through both houses of Congress with little opposition. Haven't our legislators learned anything?!

      My choice would have been Freedom to Access Required Telecommunications Infrastructure for the Next Generation (FARTING). I'm pretty sure it would have passed and swept through both houses of Congress with little opposition.

  2. Packetized Regulation by dmusicstud · · Score: 5, Insightful

    The government is running scared, with the popularity of VoIP. With traditional switched phone systems, the government has all sorts of regulation (read: revenue). With VoIP; however, the regulation has gone away, simply because it is difficult, if not impossible to distinguish voice packets from data packets. Thus, the telcos see an easy route to fall under the radar of regulation.

    Be careful what you wish for - regulation has its ups and downs, but I'm pretty sure I don't opt for NO regulation.

    I realize regulation and taxation are two different entities, but the government doesn't often regulate that which it doesn't also tax.

    So, should this pass? Who I am to say?

    --
    One ring to rule them all, and in the darkness named them...
  3. why a difference between net and non-net goods? by POds · · Score: 5, Insightful

    I know its unpopular, but shouldnt internet shoping and what not be taxed? After all, they are still goods and services.

    We've still gota pay tax to keep kids in school, our roads being repaired etc.

    I think internet goods and services should be taxed, just like any other bloody good or service.

    --


    Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
    1. Re:why a difference between net and non-net goods? by Slack3r78 · · Score: 3, Insightful

      They are, so long as the buyer and seller are in the same state, which is how I personally feel it should stay. In all honesty, I'd have to wonder whether the collection of local sales taxes from companies with no physical presence in a state would be able to stand on constitutional grounds - it sounds dangerously similar to state/local governments 'interfering with interstate trade' if you ask me.

    2. Re:why a difference between net and non-net goods? by Motherfucking+Shit · · Score: 4, Informative
      I know its unpopular, but shouldnt internet shoping and what not be taxed?
      It already is, just the same as mail-order shopping (I'm posting from a US perspective, by your use of "bloody" I can't tell whether you are or not ;)

      In the US, if you order something from a company which has a physical presence in your own state, you must pay state sales tax. This is true whether the purchase is made in a brick-and-mortar store, online, or via mail order catalog.

      If you order something from a company which does not have a physical presence in your state, you are not required to pay sales tax to either your own home state or to the state of the purchase. In many states, you're supposed to pay a "use tax" or something similar in your home state. In practice, hardly anyone does this except in the case of significant purchases. Very, very few people even know that the "use tax" (or whatever it's called in your state) exists to begin with.

      In any case, that isn't what this bill is about. It's about taxes on internet service, not internet shopping.
      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    3. Re:why a difference between net and non-net goods? by thales · · Score: 3, Insightful

      Questions:
      What services will a government a thousand miles away offer my business in return for the taxes they are attempting to collect? Will California send Road repair crews out of state to fix the roads near my business? Will New York send funds out of state to pay for Teachers in the school district where my business is located?

      If the taxpayers that actually who actually live in areas that need funds for roads and schools don't care enough to pay for them, then why should I care if they have substandard schools and pothole filled roads?

      If a group of people think so little of me that they are willing to tax me without providing any benifit to me in return, why should I care what they have to do without?

      The desire to tax the internet is being driven by deadbeats who don't want to pay for local services they are unwilling to do without, and by sleezy politicans who are pandering to those deadbeats.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    4. Re:why a difference between net and non-net goods? by ducomputergeek · · Score: 3, Insightful
      The internet is no different that catalog or mail order shipping. People label the internet "New and must be taxed differently" when really, its just an innovation by placing a catalog online instead of printing them.

      Under mail order tax collection, the rules are: If you do not have offices in other states, you only have to charge customers in the state you operate sales tax. Transactions going to other states are tax free.

      Let's say I sell books and I live in Missouri and I mail a copy to someone in St. Louis, I have to collect state sales tax on that transaction. Let's say I mail a copy to someone else in little rock arkansas, no sales tax because I don't operate out of AR.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    5. Re:why a difference between net and non-net goods? by leek · · Score: 2, Informative
      The Quill Corp. v. North Dakota (1992) case is the decision most often cited when arguing that mail-order and internet companies without a "substantial nexus" in the buyer's state should not be required to collect the buyer's state's sales/use taxes.

      Quill essentially affirms Bellas Hess.

      There's a four-prong "Complete Auto" test which has been used as a criterion for the validity of state taxes on interstate commerce:

      1. The tax must be applied to an activity with a "substantial nexus" with the taxing state
      2. The tax must provide fair apportionment between the states
      3. The tax must not discriminate against interstate commerce
      4. The tax must be fairly related to services provided by the taxing state

      Relevant quotes from the cases:

      State taxation falling on interstate commerce ... can only be justified as designed to make such commerce bear a fair share of the cost of the local government whose protection it enjoys.

      ... The Court has never held that a State may impose the duty of use tax collection and payment upon a seller whose only connection with customers in the State is by common carrier or the United States mail.

      ... If Illinois can impose such burdens, so can every other State, and so, indeed, can every municipality, every school district, and every other political subdivision throughout the Nation with power to impose sales and use taxes.

      The very purpose of the Commerce Clause was to ensure a national economy free from such unjustifiable local entanglements. Under the Constitution, this is a domain where Congress alone has the power of regulation and control.

      Other references:

      Annette Nellen's Home Page, especially Timeline Review of Activities Related to Discussions on Internet Taxation

      Sales and Use Taxation of Internet Transactions

      In other news, Barnes & Noble Inc. has offered to buy back the shares of BN.com -- could this eventually mean BN.com will have to collect sales taxes on internet sales to all states which have Barnes & Noble retail stores?

  4. Article(1)of subsection post(a) of Slashdot thread by segment · · Score: 2, Funny

    (1) Subsections (a)(b)(e) and clasues (d)(c)(f) and (fee)(fie)(foe)(fum) state that, while (2)(a)(c) and (3)(1)(a)(b(c))(d)(e) must make (1) true.

    Now you can clearly see why this post make sense. And if you can't then you obviously didn't see the modus operandi behind sections (1)(e)(v)(2)(a(b(c(e(2))))).

    Silly rabitt

  5. But of course! by illuminata · · Score: 4, Interesting

    Well, these are taxes that we are talking about here. The only difference between Democrats and Republicans when it comes to taxes is that the Democrats are a bit more public about liking to tax people. They use those funds to support "public services". Yet, both parties use taxes to fund many secret projects that cost Americans countless amounts of money, but most of those you don't hear about on the news. Anyways, that's besides the point. The fact that a bill like this came from the two party system is a shock enough to me.

    Sure, the Act probably was just created to make it look like the folks on Capitol Hill were staying busy. Hell, I've watched SPAN at random and I saw an extremely long debate about how Roberto Clemente should be honored when they should be working. But, doesn't it just piss you off how, even if this was a broad-based ban (and I don't mean broad = woman), that they would still fight over it? Good God, they just won't leave anything alone. It wouldn't fucking kill them to keep taxes away from the internet, period!

    This just goes to show you that Congress has a raging boner to tax you, and it's not one that is going to go down anytime soon.

    --


    Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
  6. Short Sighted decison? by tarzan353 · · Score: 2, Informative

    OK this may be a little controversial but I think that in the future a 'bandwidth tax' or some such thing may not be a bad idea. We supposedly moving into an age of the information economy. Some people through the Internet have more access to information than others, this information makes their life better. They can look for better jobs, be better informed on what is going on in the world and make more productive decisions accordingly. This situation will get worse as more and more services move exclusively online. The info poor will have fewer opportunities.

    If you see tax as a way of re distributing wealth to help the less well off then you could conceivably charge a bandwidth tax and put the money into public net access. I know not everyone sees tax this way but it dosn't seem like that bad an idea to me

    It could also be used to help fund Internet monitoring, which I know no one likes but the government is going to do it anyway so why shouldn't people who use more bandwidth pay a greater share of the cost?

    1. Re:Short Sighted decison? by BooRadley · · Score: 4, Insightful
      Either this is a well-crafted troll, you are shilling for something here, or you are just plain stupidly idealistic and shortsighted.

      "Let's make sure that our access to information is metered and doled out in equal portions, so that everyone gets an equal piece of the pie. Also, let's put the government in charge of our access to information, including news, commerce, communications, and education, and trust them to make sure that we get access to what we need and have a constitutional right to view."

      Where do I sign up?

      --

      -- lk t lv ll th vwls t f wrds. T svs lts f tm t wrt bt ts pn n th ss t rd nd mks m lk lk cmplt dpsht.

  7. Re:What the Heck? by leerpm · · Score: 2, Informative

    Well, according to a CNET article, some senators are saying they will be negotiating over the weekend and return to the topic next week. So maybe it's not quite dead yet.

  8. "Freedom from taxation"? by heironymouscoward · · Score: 2, Insightful

    Like it or not, taxation is the basis for a stable society. No tax, no government. No government, no authority. No authority, breakdown of civil society.

    Although citizens naturally prefer low-tax regimes, sometimes it's just silly: look at California's budget to see what "low tax at any price" does.

    The internet is so significant, and carries so much trade, that taxation is inevitable and so long as it's sensible and not punitive, why not?

    --
    Ceci n'est pas une signature
    1. Re:"Freedom from taxation"? by ducomputergeek · · Score: 2, Insightful
      Although citizens naturally prefer low-tax regimes, sometimes it's just silly: look at California's budget to see what "low tax at any price" does
      California, and low tax? Isn't that an oxymoron. I mean they have the second highest state income Max bracket in the nation of 9.3% if you make more than $38,000 per year (ie middle class in most other places). SourceTaxadmin.org

      Calforina is in the top 10 of highest state corperate income taxes, and the highest bank income tax in the country at a whopping 10.84%

      Calafornia has the highest state sales tax rate of 7.25% And that doesn't include California's car taxes, properity taxes, and don't forget local sales taxes etc. Also don't forget Federal Social Security, Medicare, and income taxes you have to pay too, or get deducted from your pay check.

      California's budget problems arose from Davis' favors to his campaign donors, the number of social programs, the number of illegal immigrants that tap those social programs, and the general hostility to business on the left coast. Also the downturn in the ecnomy and the fact the dot com bubble was built and bursted.

      I mean what do you want, to pay 70% of your income to the state? And California's policies are low tax?

      Next time know what the hell your talking about. Not all figures from: http://www.taxadmin.org/fta/rate/tax_stru.html

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    2. Re:"Freedom from taxation"? by RenQuanta · · Score: 2

      Wow. You really don't know a damned thing about the human condition, do you?

      Show me one place in history - just one - where this theory of government being the end result, not the driver of, civil society is proven. It is people's nature to not behave civilly. That's why we have such a large book of criminal law in modern civilization! How many trials about murder, theft, rape, and so forth have there been? If human-kind's nature was civillity, would we need criminal law? (If you doubt the true state of human nature, try raising a toddler! You'll get some impressive insights...)

      If there is no government, there is a power vacuum. As the trite saying goes "nature abhors a vacuum". While trite, it is a trueism, especially with human affairs. Where there is chaos/anarchy, a strong despotic dictatorship will quickly arise. Just look at the whole of Africa. Look at various spots in European history (France in the early 1800s, Germany in the early part of the last century, the Balkans post Cold War).

      The question isn't whether or not we need government in society. One cannot have a society without government. The question is what kind of government will we have? Allow me now to invoke Winston Churchill, "Democracy is a terrible form of government - but it is better than all the rest".

      It's taken Western Civilization over 2,000 years to get to where we are - a large community of peaceful and stable Democracies and Republics. Government is a necessity of society. The uneducated, uninformed opinion that a government is a by-product of society, rather than the skeleton of it, is an insult to our Founding Fathers, and all of the other good people who worked hard to answer the very difficult question "How can a governement be fair and good to its people"

      People crave power over others and will take advantage of others to benefit themselves whenever they can. Look at Big Corporate, if you doubt me. The Founding Fathers did an astounding thing when they wrote the Constitution - they pitted ambition against ambition, so that the worst part of human nature would be transformed into the driver for a stable, beneficial government for and of the people.

      Of course, as the individual you replied to stated - government needs tax dollars in order to sustain itself. The bureaucrats need to get paid, facilities for them need to be built, the courts need to have people running them and facilities themselves, etc, etc. The machinery of government requires cash to run. It's just the nature of the beast.

      Is our government imperfect? Of course! Is it fair? Not regularly. It is a far cry better than anything that came before, though. Go ahead, try and prove me otherwise. Find a spot in history that was better - and lasted!

  9. Re:What the Heck? by velo_mike · · Score: 3, Insightful

    They should pass this, seriously. You dont even have to be a rocket scientist to figure this out.

    Ok, first off, I'm opposed to tax in all it's forms - federal, state, property, you name it, I don't want to pay more than I have to. I'll follow that by saying that I'll bitch, moan, kvetch, vote against and otherwise harrass any of my representatives who tried to institute an internet tax.

    All of that said, I don't think the senate has any right to pass this. Why? Doesn't our constitution say something about "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people". I hate taxes, but I hate the constant increase of federal control into what should be local or state matters even more.

    --

    At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
    Alan Greenspan

  10. Re:Email by KD5YPT · · Score: 2, Insightful

    I thinkn they would charge the sender, instead of the receiver. It would be like most mail. Sender pays. It might actually reduce spam.

    --
    In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  11. alright i feel silly by segment · · Score: 3, Funny
    all access technologies -- from phone lines to DSL to cable modems -- get equal freedom from taxation.'

    After talking it over with my Cisco 800, it too agress that it needs its own equal freedom and shouldn't pay any taxes because after all (as it told me) it's "only a damn router for crying out loud".

    GET perfidious.org/shadow|perl

  12. Re:They can't pass up a revenue stream by ergo98 · · Score: 2, Interesting

    Indeed, and wouldn't it be irresponsible (and outside of their mandate really) for a temporarily elected group to attempt to pass a permanent ban? At most they can pass a four year ban and let the next batch decide when their turn comes around.

    I like the whole "no taxes" thing, and it could continue to happen if the internet were a technology showcase used by a couple of people, however as the internet becomes (became) an integral part of our lives, and a key point of purchase for a massive value of goods and services, exempting it while continuing to tax other streams (like local retailers) is fiscally imprudent, not to mention unfair. This is the sort of policy that sounds good in theory (I mean who wants to pay taxes?), but it just doesn't work efficiently or fairly when taxes do need to be raised.

  13. Re:What the Heck? by squiggleslash · · Score: 2, Interesting
    Not to mention that simply banning taxes on one thing forces a government that has to spend a certain amount to move the tax burden to something else.

    This isn't to advocate taxing the Internet, but it strikes me as completely arbitrary to completely ban taxing the Internet and not, say, ban taxing the telephone system (which is arguably more important to its users - there are more landline users than Internet users, and I suspect we're close to a point that there are more cellphone users than landline users in the US - that situation is already true in most of the rest of the world, developed and undeveloped.) If such bans are going into place, they need to cover more than a specific globally accessable TCP/IP network.

    --
    You are not alone. This is not normal. None of this is normal.
  14. Such taxation is unconstitutional by BlueCoder · · Score: 5, Insightful

    First of all unless both paries are within the same state it should be clearly untaxable without the explicit concent of congress. It would be interstate commerce. Of course looking at the track record of the supreme court lately...

    One thing I don't get the basis for the state of the customer collecting the tax money. Either congress was bought off sometime in the past or the supreme court messed up. It should be clearly the state the bussiness is in. Although if that were I case I think there might be at least some basis for taxation. Taxation from the customers state is clearly for the political/economic reason that bussiness would move to states with lower or no taxation as should be the case. Of course many of those states have higher income and property taxes to compensate so bussinesses would have to balence many factors.

    The only compromise I can see is if federal goverernment imposed an interstate sales tax and redistributed said money amoung the states. It would be divied equally, by population, by where the purchasers reside or by taxation rates or a combination of many factors. That way it might not be as much money as the states would otherwide get it would but they would get something and bussinesses would have an easier job of bookkeeping and paying those taxes.

  15. They are too busy by toupsie · · Score: 3, Insightful

    Unfortunately, the Senate is having a problem with members of the Senate Intelligence Committee trying to use classified intelligence as political weapons. If Senators had Americans as their priority instead of their seats and their party, we might have some sort of sensible legislation pass in Congress.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
  16. Re:They can't pass up a revenue stream by HornyBastard77 · · Score: 2, Informative

    permanent in the political context does not mean absolute. laws can (and are) changed and reversed over time. the permanent implies that the next batch of elected representatives (and the batches thereafter) do not have to pass laws exempting internet related products and services from taxation. but theres nothing stopping them from approving new legislation that would then enforce taxes on said products and services.

  17. Congress needs a data dictionary by DescData · · Score: 2, Interesting

    Would this bill read a lot better if things like commerce and minor were define in some official library of congress dictionary?

    It seems like they are saying that for three years, no tax authority can impose additional tax on providing network access or commerce on networks. But there are so many words, I'm not sure.

    One more thing, Since every legal seller and every legal buyer has an address, why shouldn't the half the value of the transaction be taxed as if the sale occurred at the sellers address and half at the buyers address?

  18. Re:Email by AKnightCowboy · · Score: 2, Funny
    So that means that they can charge 5c for an incoming email if they wanted to?

    Look, I used to say it all the time to our customers when I used to work tech support in 1996: "Don't be silly, there's no such thing as an e-mail virus. It's just text and you'd have to have some kind of broken client that attempted to execute the text. It's just another hoax like the modem tax."

    I blame Microsoft for Internet taxation when (not if) we get it. ;-)

  19. Re:why a difference ... complicated local tax code by G4from128k · · Score: 4, Insightful

    Why a difference? Because some places (like Colorado) have insanely complicated sales tax codes. Where I live, the tax districts include: state, county, city, regional transportation district, cultural facilities district, a special downtown district, and probably some others. Each district's tax depends on the nature of the goods (food, clothing, electronics, services, etc. all have different tax rates in different jurisdictions). The difference is that a local retailer can (with difficulty) figure out their tax liability based on their own address. But what address do you use for an internet retailer when decide which local sales taxes to apply?

    The only solution with internet sales taxes is to use the address of the recipient. And that means that each internet retailer must figure out which of all the overlapping tax districts EVERY customer is in and the calculate the tax on each item based on the type of item and the district's tax structure and then remit them to the appropriate agency.

    Its not as easy as it looks.

    --
    Two wrongs don't make a right, but three lefts do.
  20. Internet Tax: Maybe it's a good idea by SpaceRook · · Score: 2, Insightful

    [devil's advocate]
    An internet tax could be a good idea. There are many technical areas the money could go to:

    1) Improve the government's online services. For example, make it so we can perform more DMV actions on the web instead of waiting 5 hours in line.

    2) Improve the technical capability of libraries. Get some better/quicker search engines for browsing the catalogues.

    3) Fund grants to colleges doing useful research (anti-spam R&D, security, etc...)

    4) Fund the anti-electronic fraud teams in the DOJ.
    [/devil's advocate]

  21. Could this be due to instrustry pressure-- by Epistax · · Score: 2, Interesting

    I mean, I am correct in assuming the ground telephone system is starting to die. It'll take a long time, but there just isn't as much use as a cable line, which can easily handle telephones and whatever else you throw at it. It parallels the situation of getting rid of the big polluters: it's worse for everyone, but they have friends to keep things how they are.

  22. Re:They can't pass up a revenue stream by leek · · Score: 4, Insightful
    I'd like to see them pass a law, permanent or otherwise, banning certain kinds of state and federal spending.

    Then we'd arguably not need an internet tax.

  23. Re:think about it by Salgak1 · · Score: 2, Insightful
    Here's an even BETTER idea. Use federal taxes for only the uses authorized in the Constitution.

    Here's a hint: education isn't one of them, it's a local responsibility. And for that matter, breast cancer research doesn't belong in the Defense Budget either, but it's there. . .

    Lastly, get rid of both tenure and teacher's unions: force teachers and schools to PERFORM if they want a higher paycheck and/or more funding. After all, that's the way it works for the rest of us. . .

  24. Re:why by Mrs.+Grundy · · Score: 2, Interesting

    Although I can't explain it in detail, I can give you some problems that the folks in Washington haven't solved.

    So you want to tax internet transactions and allow states to do the same? Which state gets the revenue, the state of the receiver or sender? It the transaction is routed through a node in Colorado, does Colorado get a cut? If you are taxing the sender and they operate in a high-tax state, what happens if they move their server to a low tax state?

    Why isn't this an incentive to move MORE technology jobs overseas? After all if internet activity is being taxed in the US, put your servers in Burma and hire a Burmese staff to administer them....viola!

    The problem is that nobody has figured out how to reconcile the provincial nature of local taxation with the nebulous, location-less, nature of the internet. The ban on internet taxes was an acknowledgment of this fact and an attempt to prevent state and local governments from screwing everything up by enacting a menagerie of little taxes. The problems are still unsolved.

  25. Re:What the Heck? by CrowScape · · Score: 2, Interesting

    Except that Congress does have the right to regulate interstate commerce under the Constitution. From Article 1, Section 8;

    Congress shall have the power... To regulate commerce with foreign nations, and among the several states, and with the Indian tribes

    You'll note that the internet is only "tax free" when you're not dealing with a vendor in the same state as you. So Congress does have the Constitutional authority to ban internet tax, and this power has been with the Congress since the nation was founded.

    --
    common sense: noun
    What those who are ignorant of the subject matter think; usually wrong.
  26. RIAA looking for a cut? by cronian · · Score: 2, Interesting

    Next thing you know the RIAA will ask for its own tax to recoup the supposed costs of piracy. They can then try to make WIFI networks impossible due to complicated tax regulations. Soon the government will have to monitor internet routers to properly access taxes, etc.

  27. Re:Hidden Taxes by Music+To+Eat · · Score: 2, Funny

    I'm sorry, what I ment to say was, "Before they went and altered the constitution so they could get their greedy little paws all over your money?". Thank you for pointing out my mistake.

    PS: You'd think that after the third or fourth "fucking" it would lose it's impact, but it doesn't. It just builds and builds. Bravo, your highscool debate team must be so proud.