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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."

29 of 297 comments (clear)

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

    decides what is lawful?

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

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

    2. 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the past actions of large ISPs, I wouldn't be surprised if they ignored the law and disconnected customers based on outdated TOS "agreements" (is it really an agreement if it gets shoved down your throat?)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.

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      I prefer rogues to imbeciles because they sometimes take a rest.
    3. 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%)...

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      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    4. 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"?

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      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    5. 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?

      --
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    6. 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.

  2. McCain by Jaysyn · · Score: 3, Insightful

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

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    There is a war going on for your mind.
    1. 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

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      I am officially gone from /. Long live http://www.soylentnews.com/
    2. 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!

    3. 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.

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    4. 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.

    5. 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.

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      "Written on the pages is the answer to the never ending story..."
    6. 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.

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      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.

  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.

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    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?)

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      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. 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).

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    There is a war going on for your mind.
  7. Re:government? by TimHunter · · Score: 4, Insightful

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

  8. Re:We need document neutrality first by nosilA · · Score: 3, Informative
  9. 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...

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    Just another "Cubible(sic) Joe" 2 17 3061
  10. 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?

  11. 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.

  12. 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?"

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    Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  13. 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.

  14. 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.

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    @de_machina
  15. 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!

  16. 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.

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