Slashdot Mirror


FCC Begins Crafting Net Neutrality Regulations

ceswiedler writes "The FCC has begun crafting rules for network neutrality. The full proposal hasn't been released yet, but according to their press release (warning, Microsoft Word document) carriers would not be allowed to 'prevent users from sending or receiving the lawful content,' 'running lawful applications,' or 'connecting and using ... lawful devices that do not harm the network.' There will be a three-month period for comments beginning January 14, followed by 2 months for replies, after which the FCC will issue its final guidelines." Reader Adrian Lopez notes that US Senator and former presidential candidate John McCain has introduced legislation that "would keep the FCC from enacting rules prohibiting broadband providers from selectively blocking or slowing Internet content and applications." McCain called the proposed net neutrality rules a "government takeover" of the Internet.
Update: 10/24 16:32 GMT by KD : jamie found a Reuters story reporting that the Sunlight Foundation has revealed John McCain to be Congress's biggest recipient of telco money over the last two years — "a total of $894,379..., more than twice the amount taken by the next-largest beneficiary, Senate Majority Leader Harry Reid, D-Nev."

62 of 297 comments (clear)

  1. And who ... by durin · · Score: 5, Insightful

    decides what is lawful?

    --
    Why, yes! I AM new here.
    1. Re:And who ... by Anonymous Coward · · Score: 2, Insightful

      Judges? Based on .. the law?

    2. Re:And who ... by piotru · · Score: 3, Interesting

      More important: Who checks the content for "lawful" or "not lawful"?

    3. Re:And who ... by Anonymous Coward · · Score: 2, Insightful

      Judges? Based on .. the law?

      In theory. In practice many times it never reaches a court/judge.

      They may have a guess that you MAY break the law, they don't need a judge decision and they can refuse to carry/throtle your packets. The collateral damage (false positives - innocents) may be considerated acceptable, since almost nobody has the money/knowledge/determination to actually go to court.

      As far as I see it nothing changes - someone just wants to be seen as righteous, political crap.

    4. Re:And who ... by NotBornYesterday · · Score: 3, Insightful

      Indeed. And what does this mean for those crappy terms-of-service "agreements"?

      If my ISP's TOS forbids me from running a webserver from my house over my home internet connection, but there is no government law written to prevent it, it appears at this point that this law would trump the TOS. Of course, given the past actions of large ISPs, I wouldn't be surprised if they ignored the law and disconnected customers based on outdated TOS "agreements" (is it really an agreement if it gets shoved down your throat?) until a multi-year, multi-bazzillion dollar class-action lawsuit forced them to acquiesce.

      But that also begs the question, what legal status will the law give to the ISPs' TOSs? If the law gives them legal effect, what is to prevent ISPs from circumventing net neutrality in their TOS? For example, "by using this service, you agree to surrender your right to host websites, or offer other server-based services, through your ConGlommoISP, Inc. home account, and agree not to hold ConGlommoISP, Inc. liable in the event we disconnect you and charge you a bunch of fees up the wazoo for violating these Terms of Service."

      No, I didn't read the proposed law. Yes, this might be answered in there. I'm waiting for someone who can decipher legalese to do a more informed job than I can.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    5. Re:And who ... by ircmaxell · · Score: 4, Insightful

      Forget the lawful part. Who decides what's damaging to the network! Could an ISP suddenly declare that more than 1% usage of a pipe over the course of a month is considered damaging?

      AT&T already does it for their mobile broadband cards (According to them 3gb per month is excessive. So 3gb/month over a 2mbit line (It is more, I know) is only 0.45%)...

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    6. Re:And who ... by Shakrai · · Score: 4, Interesting

      More important: Who checks the content for "lawful" or "not lawful"?

      No one, unless they want to go to jail for violating state and federal wiretapping laws. If it's illegal for me to monitor my neighbor's phone calls to determine whether or not he's breaking the law it ought to be illegal for my ISP to monitor my traffic to determine it's legality.

      At least in NYS, this may already be the case:

      250.05 Eavesdropping: A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.
      Eavesdropping is a class E felony.

      From another section: "Unlawfully" means not specifically authorized pursuant to article seven hundred or seven hundred five of the criminal procedure law for the purposes of this section and sections 250.05, 250.10, 250.15, 250.20, 250.25, 250.30 and 250.35 of this article.

      Looks like they can't do it in NYS without a court order. So how exactly does my ISP determine whether or not my traffic is "lawful"?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    7. Re:And who ... by NotBornYesterday · · Score: 2, Insightful
      Point taken. I was thinking of the clause that states that an ISP

      "2. Would not be allowed to prevent any of its users from running the lawful applications or using the lawful services of the user’s choice;",

      but you are talking about

      "3. Would not be allowed to prevent any of its users from connecting to and using on its network the user’s choice of lawful devices that do not harm the network;".

      I would tend to view a webserver as a lawful application rather than a device, but I suppose the courts could interpret it the other way. But even so, the text (which isn't the actual proposal, but a summary, so I might be wrong) states "devices that do not harm the network", rather than "devices that MAY harm the network", implying that the ISP would have to demonstrate damage of some sort. IOW, it seems to state that a lawful device is fine until it harms the network, which seems like it would place the burden of proof on the ISP.

      The next question is what consitiutes "harm"?

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    8. Re:And who ... by Shakrai · · Score: 2, Insightful

      is it really an agreement if it gets shoved down your throat?

      Yes, because unless you were dealing with Vito Corleone, nobody forced you to accept it. There's a difference between "take this or leave it, we don't care" and "either your brains or your signature will appear on this contract"

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:And who ... by visualight · · Score: 2, Interesting

      Based on the summary, it's a completely wrong headed approach that leads to endlessly redefining terms. When this debate first started I thought it was a lot more clear: it's okay to prioritize based on protocols but it's not okay to prioritize based on source/destination.

      Not sure why they're making it so complex now.

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    10. Re:And who ... by Painted · · Score: 3, Interesting

      Or if you're dealing with pretty much any ISP in Canada. Around here, we have our choice of two, both of whom have various ridiculous policies. So if your choices are:

      a) Provider A, with policy A
      b) Provider B, with policy A
      c) go without internet

      Around here, the politicians would look at the setup and say, "See? The system is working. You have choice! Competition is driving innovation!"- and in fact have said pretty much exactly that when it comes to our cell phone charges, so why would it be any different when the exact* same companies are the ISP's?

      --
      http://marsandmore.com - Posters of space, spacecraft, and astronomy.
    11. Re:And who ... by NotBornYesterday · · Score: 2, Insightful

      Yes, but if when all ISPs use more or less the same boilerplate TOS, and given that internet connectivity is not exactly optional for many people these days, your choices are a) get/stay disconnected, or b) take what they give you. It's not always a literal gun to the head that takes choice away.

      I generally abhor government interference in private business, but when a severe power imbalance exists between consumer and provider, there may be justification for leveling the playing field a little. I supported McCain in the last election, but I don't support his anti-neutrality proposal.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    12. Re:And who ... by NotBornYesterday · · Score: 2, Interesting

      Agreed. However, it seems that "endlessly redefining terms" is at the heart of what government and the judicial system do.

      I still like your version better.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    13. Re:And who ... by MadKeithV · · Score: 2, Informative

      Maybe I missed something, but there's nothing in the summary that says they have to block anything. They are simply not allowed to block something lawful. Which seems to mean (in the context of the parent, GP and other posts): the only way to be sure without breaking a bunch of laws is to not block ANYTHING.

    14. Re:And who ... by Demonantis · · Score: 2, Informative

      I suspect the TOS could be argued that it is infringing on your rights afforded by law making it null and void. That is why warranties always mention that the law trumps them when it does so it doesn't nullify the agreement. Plus there is some case law like the My Space case that got thrown out. Of course I am just guessing so I might be wrong.

    15. Re:And who ... by Golddess · · Score: 2, Insightful

      So can my utilizing my connection to watch Netflix. Which is why that portion (and others too probably) is poorly worded and should be re-written.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    16. Re:And who ... by glebovitz · · Score: 5, Insightful

      I disagree with your supposition. The government is not setting management policy. The government is trying to prevent carriers from making network management policy that could be used to affect public policy.

      The "government" gives carriers a lot of leeway by protecting them from liability for the content they carry. Once you let them make traffic management decisions, then you open a can of worms that challenge this policy. It is precisely these policy issues that gives the FCC the right to venture into this kind of regulation.

      I am perfectly happy to let Comcast have free reign over network content policy, provided I can sue the shit out of them when they interfere with my content. The same is true for AT&T and other carriers who are driving the opposition to network neutrality.

    17. Re:And who ... by digitalunity · · Score: 2, Informative

      Are you high? This story definitely is about the FCC, NOT Canada.

      And yes, the GP had an insightful observation. Common carriers get that status because they don't filter things based on content. I.E. AT&T doesn't get charged with child pornography because one of their subscribers sent CP on their network. If carriers choose to use deep packet inspection technology to determine what is in it so that it can decide how speedily it will get routed, maybe AT&T will find themselves more culpable to the content they transmit on their network. I'm sure this is one unintended consequence the carriers have considered but view as unlikely.

      The key here is that broadband currently use pricing structures based on bandwidth levels(768/1.5Mb, 1.5/3Mb, etc.) and market those as "always connected" or "always available". Yet, those same companies who sold their products as unlimited use are really trying to find ways to prevent the people who utilize their bandwidth to the fullest capacity from doing so. Sending reset packets to bittorrent users is just the tip of the iceberg. Slightly less benign but very telling of the power carriers have is that some have chosen to redirect DNS lookup failures to their own revenue generating portals or search pages. Whats next?

      The key here is that broadband market competition in many areas is very limited. Consumer outrage at bad corporate policy has no effect - if they want broadband, they may have just one or two choices. Between subsidies, right of ways and the fact that broadband infrastructure is a natural monopoly like water or sewer is, ISP's should have a responsibility to deliver our network traffic to the intended destination without inspecting anything other than the IP data.

      Users also need to understand the legal ramifications of their ISP inspecting all of their traffic. As noted by the FCC, the SCOTUS recently made a decision that right to privacy is dictated by whether there is a reasonable expectation for privacy. Users typically expect their internet traffic to be private, yet the ISP's use their Terms of Service and Acceptable Use Policies to dictate that your traffic will be inspected and could be kept on record by them. The ramifications to your 4th amendment rights against unlawful search and seizure are huge. If users expect their internet traffic to be non-private because their ISP inspects their traffic, this could allow the government to get access to privileged information such as attorney-client communication, or an email to your pastor about a crime you committed and this could then be used in a court of law.

      If left to themselves, the communications companies will urge the FCC and legislators to enact only policies, rules and laws that benefit them. The legislators and the FCC will not do this for us.

      Go to the FCC. File your comment. Be heard.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    18. Re:And who ... by cayenne8 · · Score: 2, Insightful
      Well, one thing that is a bit worrisome about all of this, are the exceptions to the rule that are being inserted into the policy. From the Ars Technica article on this:

      "Are there exceptions? Of course there are, and the ways that the exceptions are put into practice will have a significant effect on US network design.

      First, all six principles are subject to "reasonable network management." No one's sure what that means, but the FCC staff have now developed guidance that is far more helpful than the previous (nonexistent) guidance.

      Network management is reasonable if it is used

      * To manage congestion on networks

      * To address harmful traffic (viruses, spam)

      * To block unlawful content (child porn)

      * To block unlawful transfers of content (copyright infringement)

      * For "other reasonable network management practices"

      The ambiguity of that last item is striking, and we'll have to see what sorts of things the FCC allows in practice before understanding just how wide this exemption really is.

      The second exemption to the rules is for "managed services," another hazy area. FCC staff are defining managed services as offerings that are provided over the same networks as regular Internet access but that "differ from broadband Internet access service in ways that suggest a different policy approach." This includes things like voice services and telemedicine, but it's obviously a pretty broad category, and the FCC is asking for guidance on how to define it.

      It appears that the agency is looking for ways to let telcos and cable companies offer additional, prioritized services over a single line, things like analog and digital voice, cable TV, and low-latency connections for medical use.

      The rules apply to every Internet connection, wired and wireless, though what is "reasonable" may vary by connection type and even by network speed. As Commissioner Michael Copps put it in his supporting remarks, "What is reasonable today might be unreasonable tomorrow--and vice versa" as networks expand."

      So, it isn't like this is truly in the best interest of the consumer only as it seems to be on surface.

      While I want something to ensure that there IS net neutrality, I'm not sure if this is the way to do it. Nor am I sure that the FCC even HAS the authority to regulate the internet in this method? Wouldn't legislation be the more direct way to set the rules in stone? The FCC can change their mind and rules will be bent depending on who is in charge that year....we've seen it before.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    19. Re:And who ... by poofmeisterp · · Score: 2, Funny

      As far as I see it nothing changes - someone just wants to be seen as righteous, political crap.

      Hear, hear!

      It gives another statute that allows for X to sue Y for $1,000,000,000 in collateral damage if they break it. That helps the economy yaaay yaaaaaaaaaaay!!!!! YAAAAAAAAAAAAAAY!

      *cough*
      I mean.. *gag*

    20. Re:And who ... by adolf · · Score: 2, Interesting

      No, they mustn't.

      It specifies that they MUST NOT block lawful content, which simply implies that they MAY block unlawful content. But since it's not a lawful act for an ISP to police the content of packets to determine their lawfulness, then the implication means exactly nothing.

    21. Re:And who ... by KermodeBear · · Score: 2, Insightful

      That depends on the judge interpreting the law. One could argue that the law dictating that they not block lawful content implies the ability to block unlawful content. Otherwise, what is the point of the law?

      This is why poorly worded, vague laws, no matter how well intentioned, are the most harmful of them all.

      --
      Love sees no species.
    22. Re:And who ... by ElHorrendo · · Score: 2, Interesting

      IANAL but my reading of court cases found that internet traffic was not treated as on a "wire" like a phone. It was instead treated as a broadcast like a CB radio. The law therefore views internet traffic as being on "public channels" and therefore eavesdropping is perfectly legal. Employers, ISPs, government officials and Joe public can all legally eavesdrop on traffic. I'd love for someone to show I'm wrong though!

    23. Re:And who ... by DJCacophony · · Score: 2, Insightful

      there is a fear that the govt will go beyond network management policy here...and delve into rule of content on the internet.

      You need not have that fear. It will not happen. It has nothing whatsoever to do with this legislation. It's simply a lie perpetrated by fearmongering radical right-wing neoconservatives to protect that which they value most: the corporations that give them money to lie on the air.

      Now that that's cleared up, do you have any realistic concerns?

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
  2. McCain by Jaysyn · · Score: 3, Insightful

    As usual McCain has no clue what he's going on about, surprise, surprise.

    --
    There is a war going on for your mind.
    1. Re:McCain by jimbolauski · · Score: 2, Informative

      Actually McCain has a point, the FCC has no authority to regulate the internet. The internet is and has been doing just fine without government intervention adding government regulation into the mix will stifle innovation, the little companies the net-neutrality is designed for will not invest in infrastructure they don't have the capital and the evil large companies will have to cut infrastructure investments to compete with the small companies who use their infrastructure for free. The Good Intentions of net-neutrality will have grave consequences.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    2. Re:McCain by dkleinsc · · Score: 3, Informative

      Yup, I'm quite sure the $216,938 from AT&T for his 2010 campaign committee has absolutely nothing to do with his principled stance on this issue.
      source

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:McCain by Anonymous Coward · · Score: 5, Insightful

      Uh hey, stupid? The telcos barely invest in infrastructure as it is, and they've grifted over 200 billion from us in public money and rate hikes for upgrades they never even planned to deliver. Those 'little companies', which include content providers, add value to the infrastructure, which is kind of the point. (But I'm going to go out on a limb and say that's probably way over your head.) Competition between ISPs would encourage them to actually invest some of the obscene goddamn mountains of money they've been siphoning off of us into their networks, which is something that we honestly don't have now. They have no incentive to innovate! They have no incentive to even try, and nothing to prevent them from hike-hike-hiking those rates without delivering anything better in return for it. (Just look at Comcast, sweet Jesus.) Also, look at how much it costs to place a landline international call here versus, uh, anywhere else in the industrialized world. We're so far behind the curve it's not even funny.

      I'll keep my unintended consequences. Thanks to that free market bullshit you're smoking, I'm already used to it!

    4. Re:McCain by cheshiremoe · · Score: 2, Insightful

      The FCC is already regulating the companies that provide internet infrastructure. Telecoms and Cable companies tubes carry voice and video over the same hardware/physical layer that data does and that is Regulated by the FCC. Was it not the FCC that fined Comcast for playing man in the middle and sending stop packets to torrent users.

      Just because the internet has been fine so far does not mean that it will be fine in the future... As the internet provides more and better competition to the traditional services of the Telecoms and Cable COs they will have more and more incentive to use there control over the network to crush their competitors or to extort companies to pay for fast lane service over their portion of the network. If their allowed to do that the internet will stop being a free market. The providers will still charge customers for the last mile, but inside the cloud you packets will be free to go as fast as the network can handle.

      You don't want your home service to be come outrageously expensive, being charged by the megabyte do you?

    5. Re:McCain by Jaysyn · · Score: 3, Insightful

      the FCC has no authority to regulate the internet

      Sillyness, Dave. That's like saying the FAA has no authority to regulate airplanes, only airports.

      The Federal Communications Commission (FCC) is an independent United States government agency. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.

      --
      There is a war going on for your mind.
    6. Re:McCain by Jhon · · Score: 3, Informative

      So? You need to drill down and see who AT&T donated money, too.

      http://www.opensecrets.org/orgs/summary.php?id=D000000076

      You'll be surprised.

    7. Re:McCain by TheUglyAmerican · · Score: 3, Insightful

      In the interest of equal opportunity corruption, you can find another example in one of the current health reform proposals - tax "Cadillac" health insurance plans but exempting government and union employees.

      Government cannot do ANYTHING of any significance without this kind of corruption. That is the single best reason to keep government out of it.

      --
      "Written on the pages is the answer to the never ending story..."
    8. Re:McCain by dkleinsc · · Score: 3, Insightful

      Government cannot do ANYTHING of any significance without this kind of corruption. That is the single best reason to keep government out of it.

      Not necessarily: it's possible under some circumstances the corruption involved in a government program is less than the corruption involved in a private-sector program.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  3. Drudge by ShakaUVM · · Score: 4, Interesting

    This article was linked on the Drudge Report as "Julius [Caeser, implied] wants to regulate the internet."

    I consider it, rather, a common carrier issue, akin to the situation we had with the railways 100 years ago - they were able to leverage their power over transit into other areas. You know, like how Microsoft used its OS dominance to destroy a rival in another field (web browsers). While all the networks are crying out that its a solution in need of a problem, the whole issue was raised because the telco's all started talking excitedly about how they could do all sorts of shady things, like double-dipping for bandwidth charges, that network neutrality would stop.

    I'm a libertarian, and I support net neutrality, since oligopolies are market failures (see for example the price of cell phones in America over time). The actual implementation? Seems to actually have too many loopholes to me. They can, for example, tier service in order to deal with "net congestion". Hah.

    1. Re:Drudge by moeinvt · · Score: 2, Insightful

      I'm libertarian leaning, and after much internal struggle, I also concluded that I support the "concept" of network neutrality.

      It's extremely unfortunate that the only institution in the U.S. with enough power to enforce something like that is the Federal Government. With that in mind, I do not trust any "implementation" of network neutrality that the D.C. crowd will come up with. They may give a piece of legislation a nice label, but you can be sure that in the end, the big money special interests will get everything they want. Our government is currently unwilling to pass any major legislation, or even enforce existing laws that might benefit the average citizen at the expense of wealthy special interests.

      It sucks, but I think that we're on our own here. Hopefully we can generate enough backlash against corporations that start throttling bandwidth, discriminating based on data type, content, source or destination to make them reconsider their practices. If we have to put our trust in D.C. we're screwed.

    2. Re:Drudge by Thalaric · · Score: 2, Informative

      No, if you are an anarcho-capitalist there is no such thing as a market failure. Libertarians that believe in *some* government can recognize that lack of competition is a market failure. Certain industries that have a large barrier to entry or are inelastic are prime targets for monopolistic abuse. Industries such as water, power, roads networks etc. You know, the commons.

      Adam Smith said that for an economy of "perfect liberty" you must have competition and the laws of supply and demand. Thomas Jefferson tried to get a "restriction against monopolies" into the bill of rights (but failed). You'll find no two individuals more concerned with the idea of liberty.

  4. Ha! by Jaysyn · · Score: 5, Insightful

    Oh I love this part.

    "McCain protested the FCC's proposal that wireless broadband providers be included in the net neutrality rules. The wireless industry has "exploded over the past 20 years due to limited government regulation," McCain said in the statement."

    Wireless has exploded in the past 20 years because the damn technology has only become feasable for mass market computing in the past 20 years.

    --
    There is a war going on for your mind.
    1. Re:Ha! by QuantumRiff · · Score: 3, Insightful

      With incredibly stiff government regulation.. The companies screamed and moaned about E911, but now, they have apps that take advantage of knowing where you are. (and tout a cell as a safety device when traveling).

      They screamed about number portability. yet they now all encourage you to port your number to them. (Would the iphone have been as successfull if everyone had to ditch their old numbers?)

      --

      What are we going to do tonight Brain?
  5. Re:McCain is right, which is surprising. by Malenfrant · · Score: 4, Informative

    This was not in the US, but a couple of years ago my ISP decided to throttle connections to MMOs, making these games practically unplayable. As I was tied into a 12 month contract which still had 8 months to go, this was extremely annoying. This is a practical and actual example which net neutrality laws would have prevented.

  6. We need document neutrality first by 140Mandak262Jamuna · · Score: 2, Insightful

    Why is FCC doing its press releases in a proprietary vendor lock in format? Haven't they heard of ODF? We should demand FCC and all government agencies to release their documents in a vendor neutral or vendor agnostic format.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:We need document neutrality first by nosilA · · Score: 3, Informative
  7. Re:McCain is right, which is surprising. by Jaysyn · · Score: 5, Insightful

    Somebody hasn't been paying attention. The FCC is already in charge of regulating communications. They've had guidelines for Net Neutrality since 2005. Now they are just going to take those existing guidelines & make them laws so that they can fine companies for not following them. None of this would have happened if said ISPs weren't getting hard-ons over trying to screw-over their customers both big (Google) & small (me & you).

    --
    There is a war going on for your mind.
  8. "Lawful uses" by surmak · · Score: 2, Insightful

    I wonder how they plan to enforce the "lawful uses"/"lawful content" clause. That could turn out to be a hole big enough to drive a truck through. What if the providers say that the only way to insure that legal content is available to to limit access to the few sites that they have vetted and partnered with.

    I can fully understand giving ISPs the right a prevent DDOS and other attacks on the network, but the enforcement of what is lawful should be limited to that, and not be a license or directive to police the sites and protocols allowed on a network.

  9. Re:government? by TimHunter · · Score: 4, Insightful

    "Net neutrality" has nothing to do with freedom of speech. RTFA.

  10. What Infrastructure Investments? by ratboy666 · · Score: 5, Interesting

    Sure, those "large companies" can (and did) cut their infrastructure investments... but those investments were paid by public money.

    You are not legally allowed to dig your own cables -- Easements were given by the government to the incumbents.

    So, tell me again how the government ISN'T involved?

    Personally, I don't like to bail on something I have already paid for, but I don't need the Internet "24/7" that much. I can easily deal with "web by mail" and UUCP, or even data transfer via "truck of tapes" again. Strangely enough, if hackers go that route, AND we control the "good stuff" -- that is, the good pirated music/videos and technical information, the "Internet" will go down that path instead.

    Which puts the attempted controls by the "other" cartel at risk. Basically, the content cartel wants a centralized Internet, if there is an Internet at all. The delivery cartel wants to put road-blocks into that centralized Internet, to maximize their profits. The hackers are willing to Balkanize the Internet, screwing both of the cartels.

    The "end-users" really want the product the hackers produce.

    You tell me how this plays out...

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  11. Are We There Yet? by mindbrane · · Score: 2, Interesting

    I was one of those quintessential brats in the back seat of my parent's car mindlessly chanting the eternal question, "Are we there yet?". When addressing questions that incorporate government oversight of national infrastructures that are run by near monopolies there are no destination solutions. There are tentative, context sensitive solutions. The answer isn't unregulated free enterprise, nor is it heavy handed government control. IMHO the answer is the solution offered by mature democracies that have in place the institutions and laws that permit tentative solutions to be put in place then publicly monitored and honed.

    What works in our modern, mature democracies are the checks and balances, supplemented by free speech, and, government and business oversight, that allow us to find a workable middle ground. I'm a liberal but I'm always glad for the common sense conservatives who try to limit government interference. Solving social problems by way of democratic institutions is a messy, contentious affair but, I think, modern history has amply demonstrated that the current crop of mature democracies are the best way to go and it's the somewhat efficient functioning of our institutions that allow us succeed more so than does any other form of government. We succeed because we have in place institutions that allow for open debate and venues to address things when they go wrong. We aren't there yet, but then we aren't ever gonna be so we might as well enjoy the ride given that we've got the best vehicle on the road.

    just my loose change in a contentious debate

    --
    ideopath @ play
  12. Re:government? by Dragonslicer · · Score: 3, Insightful

    The libertarian side of me gets really worried when the government gets involved in anything that says "neutrality" I'm sorry, but freedom of speech is freedom of speech...PERIOD!

    Maybe I'm being naive, but isn't the ultimate goal of Network Neutrality to ensure that people have the freedom to use their Internet connections however they want, without some entity between the endpoints interfering solely for that entity's financial gain?

  13. Re:government? by FutureDomain · · Score: 2, Insightful

    Except that our current politiscum like to take otherwise innocuous laws and twist them to their own advantage. Remember TARP? It was supposed to help keep the banks stable and encourage lending. Except that it has now been used to give money to businesses (and control their salaries), bail-out automakers and violate bond laws, and the banks are in even worse shape than before. If it works out to only prevent ISPs from blocking and/or throttling sites and services that they don't like (or don't pay them money), then I'm all for it. It's the large potential for abuse that concerns us libertarians, and makes us think that maybe we'd prefer Comcast to throttle our Bittorrent than for the government to block/throttle sites or services that they don't like (such as Wikileaks or Bittorrent).

    --
    Hydraulic pizza oven!! Guided missile! Herring sandwich! Styrofoam! Jayne Mansfield! Aluminum siding! Borax!
  14. Re:McCain is right, which is surprising. by Jon_S · · Score: 5, Insightful

    How can you sit there with a stright face (I assume you have a straight face) and say this is a government takeover of the internet?

    All this is saying is that your ISP, which you have practically no choice of who it is (at best a choice between one DSL and one cable TV Co.) can't decide which websites you can visit at the full bandwidth you paid for.

    Let me assume you are a republican and like to visit foxnews.com. What if your ISP got into marketing agreement with MSNBC and throttled its competitors, including foxnews.com, so much it became almost unusable. Would that be OK in your book?

    The ISPs should not have the power to decide what web sites and net services you can reasonably visit/use. If there were true competition in the ISP market, then maybe so. But that is not the case, and probably will never be the case. That is why we need net neutrality regulations.

  15. Net Neutrality.. or Common Carrier status.. by bleh-of-the-huns · · Score: 2, Interesting

    Let the Telcos choose (this does not apply to cable unfortunately)...

    If they want to keep the protections that common carrier status affords them, then they must support net neutrality and remain essentially a dumb pipe. They used public land and massive tax incentives and subsidies to deploy the initial infrastructure (with the exception of FIOS, which I believe Verizon is eating the total cost, but still using public land, and in some cases tax breaks).

    Or, if they do not want to implement neutrality in anyway, and they want to double dip on charging for bandwidth, discriminate on the types of traffic so that their own services do not have to compete etc, strip them of their protections, let every content company, every person who has been libeled, every politician who wants to shut down $x type of service/product/content and what not sue the telcos and ISPs into oblivion.

    Seriously, the only reason telcos have protections is because they were just the intermediary carrying traffic between end points, and could not be held liable for what those entities did. But if they want to start manipulating the types of traffic and data, then they should be held liable for whatever that data contains.

    For the record, I agree with the principles, I may not neccesarily agree with how the gov will implement them. Also, I did not vote, I was taught to vote my believes, not the lesser of 2 evils, and honestly, there is very little difference between them from my viewpoint.

    How about this.. we have a public referendum on what the public wants. Sure the public can be swayed, but atleast the public as a whole will have some visibility in front of the politicians, as it is right now, the politicians only real view is of whatever the lobbying entities put in front of them.. he who has the money makes the rules I guess.

    --
    I came, I conquered, I coredumped
  16. Regulation by spikenerd · · Score: 2, Insightful

    I hate regulation. I'm so sick of Comcast regulating my Internet habits that I want my government to regulate Comcast. Net Neutrality is the least-regulation possible.

  17. Re:McCain is right, which is surprising. by will_die · · Score: 2, Interesting

    And the courts stopped Comcast under existing laws, so why the need for new laws that will just cause problems in the future when something does start happening?
    In the event that companies do start charging major sites to carry the traffic then yes it should be passed. Until then they are passing laws that will give more examples of the government controlling what is on the Internet and does not solve a problem for the consumer.
    I want more competition in the marketplace, I want a ISP(or series of ISP) that cater to gamers and delays P2P and videos during prime gaming hours.

  18. Who are these consumers? I want to see one. by visualight · · Score: 4, Insightful

    Robert Mcdowell:
    "Consumers are telling the marketplace that they don't want networks that operate merely as 'dumb pipes,'" he said. "Sometimes they want the added value and efficiency that comes from intelligence inside networks as well."

    I wish I could interview politicians, "You just made that shit up didn't you?"

    --
    Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  19. Re:government? by nschubach · · Score: 2, Funny

    But...but... businesses are the devil! We need to control them to protect the children. /sarcasm (If you really couldn't tell.)

    I find it funny how the government takes a chunk of our freedom (taxes) to decide which businesses we support (sales) and then blames the business for raising prices to cover expenses (taxes.)

    --
    Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  20. are you stupid ? by unity100 · · Score: 2, Informative

    the corporations dont want to leave internet 'as it is'. they want to CHANGE it, so they will be able to run their networks as cable networks. this is why you need net neutrality rules. net neutrality rules are no different than rules that govern the highways -> no highway administration can decide who passes over the road or charge any traffic according to source, not the type and amount.

    get a fucking brain and realize what's going on before purporting knee jerk alan greenspanist comments.

    http://tech.slashdot.org/comments.pl?sid=1406601&cid=29770311

  21. This is how far 'let private sector be' went : by unity100 · · Score: 3, Interesting

    http://www.thedailyshow.com/watch/wed-october-14-2009/rape-nuts

    it has come to this point. because, you let those fucking republicans yelp on and on about 'letting businesses be'.

    net neutrality is no different. its the freedom of internet being legalized. yet, same bastards oppose it with the same old barking.

  22. Re:government? by demachina · · Score: 4, Insightful

    "and the banks are in even worse shape than before"

    It boggles the mind that you just painted big banks as somehow a "victim" in this and got moderated informative.

    The only big banks that are in bad shape are the ones who should have collapsed due to their own stupidity(Citigroup) or which acquired large businesses which should have collapsed due to their own stupidity(B of A buying Countrywide and Merrill Lynch). JP Morgan and Goldman Sachs are in better shape than they have ever been. Goldman Sachs was a huge beneficiary of billions of dollars that came at the expense of tax payers, and they got it no strings attached(through AIG bailout or from the Fed).

    If you are a big bank the Fed and Treasury have made it incredibly easy to make money. Big banks can borrow money from the fed at zero percent(a.k.a. free money) and are pouring it in to stocks and bonds which are, as a result, in another huge bubble and they are making huge profits. There are a lot of small banks in really bad shape but that is because they drank the koolaid the big banks handed them and no one is throwing them a life line for the most part. The price of this free money and making Goldman Sachs rich, they are destroying the dollar and wiping out the savings of everyone who is holding dollars instead of riding the new bubble on the stock market.

    The last couple of years of rampant greed on Wall Street probably should have clued you in there is a problem with Libertarianism. You can certainly argue a factor in the recent collapse was due to government intervention but Wall Street, has for nearly 30 years, managed to completely eviscerate any regulation of their organized crime syndicate and its pretty obvious if you actually let Wall Street function with no oversight they would devour the world. The are a legal organized crime syndicate at this point, load sharking and usury being their specialty.

    The only positive about implementing Libertarianism lately is you would have let AIG, Goldman Sachs, Morgan Stanley, GM, Chrysler, GE etc. end in Chapter 11. It would have have ended in the Greatest Depression ever seen but if you are going to have free market Capitalism either you let stupid companies fail or you eliminate moral hazard and without moral hazard Capitalism ends up completely broken which is where we sit today (regulating exec pay is a feeble attempt to restore moral hazard, doomed to fail).

    Bottom line the problem isn't government regulating pay at failed companies, its that the government didn't let them end in Chapter 11.

    --
    @de_machina
  23. Re:McCain is right, which is surprising. by Anonymous Coward · · Score: 3, Insightful

    Let me assume you are a republican and like to visit foxnews.com. What if your ISP got into marketing agreement with MSNBC and throttled its competitors, including foxnews.com, so much it became almost unusable. Would that be OK in your book?

    Fictitious far right Republican response: Hell no, of course that's not right! That's Obama propaganda marketing! More evidence of him trying to destroy America from within the white house to turn us into a socialist state where the government decides how much money everybody can make, what we can eat and what we can watch! He needs to be stopped!

    On the other hand, if the question was posed like so:

    Let me assume you like to visit msnbc.com. What if your ISP got into marketing agreement with FOX news and throttled its competitors, including msnbc, so much it became almost unusable. Would that be OK in your book?

    Fictitious far right Republican response: It doesn't matter, the government does not have the right to tell businesses how to operate! Businesses can get into any agreements that they want and the government has to stay out of it! If msbnc viewers don't like it they can change ISPs! Vote with your wallet, that's the American way!

  24. Judges? The Law? by DesScorp · · Score: 2, Insightful

    Judges? Based on .. the law?

    The problem with relying on judges is that you're more likely to get a ruling like Kelo than some noble defense of the Constitution. You know, Kelo, the one that declared, yes, governments can seize your private property and transfer it to other private citizens for "the public good".

    There's a line in the Bible... "Put not your trust in princes"... that I think could easily apply to judges when it comes to your rights and the Constitution.

    --
    Life is hard, and the world is cruel
  25. Innovation? by rnturn · · Score: 2, Informative

    I used to see a heck of a lot more of that when there were easily a dozen or more local ISPs offering Internet access in my area. Once the telcos were allowed to cut them out of the picture, innovation has become non-existent.

    --
    CUR ALLOC 20195.....5804M
  26. Re:Can't run XP on SPARC by Areyoukiddingme · · Score: 2, Insightful

    You seem to think it's the 50s all over again, not the 60s. And you're just as retarded as McCarthy was. Communism isn't a system of government! It's an economic system. Capitalism isn't a system of government! It's an economic system. Conflating the two results in the meaningless muddy thinking your post is full of.

    You were dumb enough to bring up Nazism as an argument. I'll do you one better. Corporate control of government, also known as regulatory capture, has a name too. Mussolini himself named it fascism, in his own writings, and that's what it is. Guess what? That's what we're getting. The US is in no danger of becoming a Nazi state, any more than it's in danger of converting to a communist economy. It IS in danger of becoming a fascist state, and there you sit, advocating more corporate power.

    The Internet is the greatest communication tool ever created by mankind and the FCC is moving to pass regulations to keep it that way, because the CEO of SBC went on the record claiming Google was stealing from them. It was a blatant lie, a venal attempt to charge people at both ends more money for the exact same service. The Internet is the greatest communication tool ever created and you DARE to use it to post polemics in favor of DESTROYING it?

    You complete and utter fool. Stop typing. Stop talking. You don't deserve to use the Internet. You're so stupid you write "communism/socialism" as if they're the same thing. The Internet is about words, and you are a total failure at understanding words. Stop polluting the thoughts of people around you with your failure.

  27. Re:McCain is right, which is surprising. by TubeSteak · · Score: 3, Insightful

    In the event that companies do start charging major sites to carry the traffic then yes it should be passed. Until then they are passing laws that will give more examples of the government controlling what is on the Internet and does not solve a problem for the consumer.

    "Leave things alone until the free market fucks it up" is not a good way to pursue public policy.
    Example: Credit Default Swaps and Mortgage Backed Securities

    Not to mention your bald assertions that this will lead to "government controlling what is on the Internet and does not solve a problem for the consumer" make no sense at all. If you think that your net connection being subject to the whims of a corporation, with no recourse, isn't a problem, I can't help you to understand.

    --
    [Fuck Beta]
    o0t!