Slashdot Mirror


Federal Appeals Court Sides With VoIP Providers

gollum123 writes "AP reports that the Eighth U.S. Circuit Court of Appeals has upheld a ruling by a lower court that A Minnesota agency may not regulate calls through VoIP as it does calls through traditional phone lines. 'The Minnesota Public Utilities Commission had argued that VoIP companies were providing phone-like service and therefore should be regulated as phone companies are. But those businesses said they provide an information service rather than a telecommunications service. This follows the FCC saying that VOIP cannot be regulated using the same rules as traditional phone.'"

13 of 143 comments (clear)

  1. load of bull? by t_allardyce · · Score: 5, Insightful

    This is really just bullshit isnt it? VoIP _is_ like a phone, the only reason that it shouldnt be classed as a phone system is to get around stupid ancient phone laws that should be updated instead of worked around, its like saying that by-passing CD 'copy protection' isnt a violation of the DMCA because its for back-up purposes, - it quite clearly is a violation, the real point is that the DMCA is crap.

    --
    This comment does not represent the views or opinions of the user.
    1. Re:load of bull? by eln · · Score: 4, Insightful

      That's not a politically viable viewpoint, no matter how correct it is. There is no political pressure to reform the outdated phone system regulations, and classifying VoIP as "phone service" could open the door to classifying IP traffic in general as "phone service," thus opening up the political dynamite that is regulating the Internet.

      Clearly, the safest political move is to simply classify VoIP as not phone-related, thereby sidestepping the dicey issues that are really at play here.

    2. Re:load of bull? by QuantumRiff · · Score: 5, Insightful

      Um, maybe they should not be classified as a phone system is because they are not a phone system. If I live in LA, but get a NY area code from Vonage, which states regulations apply, (or do both). What happens when I take my little vonage box to New Mexico to visit the family for a week, or on a long business trip? What if they use Vonage over a Dialup connection, do they get to pay double fees? The main reason for the laws that are there is becuase they telecoms agreed to them in order to get a government "licensed" monopoly. The goverment taxes the phone lines, (ie, the wires) not the calls. If they want, they should tax the internet connections, the cable modems, DSL lines, wireless hotsposts, whatever, but not the data.

      --

      What are we going to do tonight Brain?
    3. Re:load of bull? by Jeff+DeMaagd · · Score: 2, Insightful

      In a way, it is kind of a tax dodge. I think it is funny, especially when a lot of people buy DSL service (over a phone line), get phone service (VoIP) and basically get the same service with a phone number, 911, voice mail, caller ID, but is not taxable or regulated as a phone service.

  2. Doesn't stop them... by NoMoreNicksLeft · · Score: 4, Insightful

    From selling it as a telephone substitute. I'd be more than happy to let them out of this, if they were willing to point it out to each customer prioring to signing them up, that courts have ruled that it's not phone service, and that they have no recourse through the utility commission should it have problems.

  3. Good news... by drinkypoo · · Score: 4, Insightful
    It's always nice to see law follow reality. The problem with regulating VoIP is the question of where you stop. It's only a short conceptual jump from regulating VoIP telephony to regulating Roger Wilco. Imagine if you had to allow a tap on any voice communications. The only way to do that is either mandate a standard back door, or to outlaw all encryption. The future of telephony is internet-connected phones and dialing by DDNS with very, very short leases. Cellphone providers will become internet and DDNS providers and all communications will be only as sniffable as the communication between the two phones allows.

    Regulating VoIP can only make criminals out of those who desire privacy.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. Ebay isn't an auction site, paypal isn't a bank by CrazyJim1 · · Score: 3, Insightful

    By claiming Ebay isn't an auctionsite, but an online marketplace, they circumvent the thousands of laws across the world regarding how auctions take place.

    Same goes for paypal, they get to dodge all the laws that regulate banks because they don't claim to be a bank, but an online transaction site or something.

    I'm just thankful the government hasn't been able to tax the internet yet.

  5. Re:This could be a bad thing. by dbacher · · Score: 2, Insightful

    The phone company is mandated to pay the USF.

    The FCC does not require companies to recover their contributions directly from their customers. Each company makes a business decision about whether and how to assess customers to recover Universal Service costs.

    The company is mandated to pay the USF. What you quoted says they don't have to list it as a line item on your bill, essentially, not that they aren't required to pay the USF. So they have an option between giving you a lower bill, and putting a line item on for the item the government is requiring them to pay, so that you understand it is the government collecting the money and not them and so their portion of the bill looks smaller, or they can incorporate it into their pricing structure, and give you a higher bill.

    In either event, you are, of course, paying the USF -- it's a matter of if the phone company chooses to make it obvious or not solely.

    --
    If your code is acting bloated, and is running rather slow, it's likely and predicted that some loops you will unroll.
  6. Regulating/taxing VoIP is a bad bad thing by ValuJet · · Score: 4, Insightful

    VoIP is just data packets being sent back and forth on the internet. There is no real difference between a VoIP packet and one of your favorite website. Allowing the government to apply regulations to a specific kind of traffic is the start of a VERY VERY nasty slope. The government should not be able to apply taxes to VoIP because it is just data being sent over the internet.

  7. The difference between a tax and a levy by Anonymous Coward · · Score: 1, Insightful

    taxes are all mostly bull shit anyway.

    Is that a fact? Got any examples? Your entire post talks about taxes, when what you are describing are levies.

    The tax that everyone paid into, which was supposed to go to support schools and community access to the Internet, has never been paid out.

    Sorry, what?

    Taxes *DON'T* get "paid out" - if what you are describing is truly a tax, then it goes to the government, period. It doesn't get "paid out", it becomes part of general revenue.

    More importantly, it's not a required tax at all

    No, more importantly, it's not a *TAX* at all.

    And from your description it's not even a levy.

    Perhaps you should at *least* get your terminology straight before you start whining about something. All you're doing is showing everybody how stupid you are.

  8. You don't solve a thing... by Mustang+Matt · · Score: 2, Insightful

    So I'm in LA and I have an internet connection with a tunnel to an ISP in Nebraska. As far as my IP address, I'm in Nebraska. How are you going to verify that?

    Maditory address insertion is absurd at best. Some insane scheme of madatory GPS would be more realistic but probably just as easy to spoof/bypass.

    How do cell phones do 911? I guess they can at least tell what tower the device is connected with.

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  9. Time to change by pnewhook · · Score: 4, Insightful

    It's time we change the way we think about these utilities and start removing some of these outdated regulations.

    Currently (here in Canada at least) I can get telephone, cellphone and high speed internet from my cable television supplier, or I can get cellphone, television and high speed internet from my telephone company, or I can even get most of the above through a number of independent smaller companies, usually through a wireless antenna or satellite dish.

    With all of these options on equivalent services, these regulations and their outdated definitions no longer make sense.

    --
    Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  10. Laws?-Humanity hates "NO". by Anonymous Coward · · Score: 1, Insightful

    "Why does every government agency seek to enlarge it's power by regulating new things?"

    Because of that inevitable quality known as "progress". The airplane was "new" at one time. The car was "new" at one time. Nuclear plants were "new" at one time. Why do you expect progress to be inevitable, while the legislative and legal system to be stagnent?

    "It's simple. The more things they regulate, the more power they have, the more people they need and the bigger their budgets get."

    The cynics answer, but when applied to reality, it comes lacking. By the cynics answer there would be no safety regulations for anything, from cars to airplanes.

    There would be no regulations of food and medical equipment. Any Tom, Dick, and Harry could get a license. You may feel that regulations are burdensome, and represent a power grab. But ask yourself just what kind of world you're really asking for.