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Net Neutrality Suffers Major Setback

RingDev writes "The US Court of Appeals ruled in favor of Comcast today, stating that the FCC lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks."

790 comments

  1. Oh goody by Captain+Splendid · · Score: 3, Insightful

    Bye-bye internet, was nice knowing ya.

    --
    Linux, you magnificent bastard, I read the fucking manual!
    1. Re:Oh goody by Anonymous Coward · · Score: 0

      We shouldn't want the FCC regulating our internet. That's not why it exists, and it shouldn't be allowed to expand its purpose just because it wants to.

    2. Re:Oh goody by lwsimon · · Score: 2, Interesting

      Nah - ISPs may try to shape traffic, but so long as the government stays out of it, two things will happen:

      1) Techniques will be developed to circumvent traffic shaping/filtering/prioritizing

      -or-

      2) ISPs will be formed with the specific selling point of having no traffic shaping/filtering/prioritizing.

      There is no need for government regulation here - it would only benefit the existing ISPs at the expense of the consumer.

      --
      Learn about Photography Basics.
    3. Re:Oh goody by Vancorps · · Score: 4, Insightful

      Except for the fact that the big ISPs got that way because of billions of dollars of tax payer funding. That alone I would have thought would have given the FCC authority here. At seems, that presumption would be incorrect though which sucks.

    4. Re:Oh goody by Anonymous Coward · · Score: 0, Insightful

      Hello, this is $BIGCORP

      You have agreed to be fucked up the ass.

      Would you like:

      A. To be fucked in the ass by a dildo made of fused broken glass OR
      B. To be raped by each member of our billing department?

      Please reply within 7 days.

      Your humble servant,
      $BIGCORP

    5. Re:Oh goody by Lunix+Nutcase · · Score: 5, Informative

      From the FCC's charter:

      For the purpose of regulating interstate and foreign commerce in communication by wire and radio

      Seems pretty clear that this falls squarely within it's right to regulate. Unless you can explain how the Internet isn't "communication by wire or radio".

    6. Re:Oh goody by Shakrai · · Score: 1, Insightful

      There is no need for government regulation here - it would only benefit the existing ISPs at the expense of the consumer.

      That's why big corporations welcome regulation. They know it's easier for a big corporation with legions of lawyers to comply with said regulations than it is for a small start up. They also have lobbyists working for them to ensure that the regulations are written in such a manner as to protect their existing business model.

      ISPs will be formed with the specific selling point of having no traffic shaping/filtering/prioritizing.

      Of course, thanks again to governmental interference in the marketplace (franchise agreements) starting a new ISP is easier said than done. More's the pity.

      --
      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:Oh goody by SWolf1 · · Score: 2, Interesting

      Could someone explain to me why they trust the government to make things "fair" on the internet? Everything they touch they try to control more and more. At least with rrivate companies you get a choice.

    8. Re:Oh goody by brkello · · Score: 5, Insightful

      Load of crap. You could use the same logic to say we don't want the government putting regulations on our food supply. I am sure someone will provide us an alternate source of water that has much less arsenic than the other company.

      You ignore reality. There isn't a lot of choice for most people on what ISP they use. So no, there will not be a better option. As far as techniques, it will be a constant escalation between the two sides which will just take up more bandwidth and cause everyone's connection to be slow.

      You folks need to wake up and understand that corporations do not and never will have your best interest in mind. Government regulations may not always be good, but in this case having a regulation that guaranteed net neutrality would benefit everyone. Of course that doesn't resonate well with the tin-foil hat and Fox News watchers out there.

      --
      Support a great indie game: http://www.abaddon360.com
    9. Re:Oh goody by Captain+Splendid · · Score: 2, Interesting

      Once again, an answer for the Slashdot crowd that's useless to the public at large.

      Sure, we can figure out valid proxies and cobble together specialised software to route around damage, but the other 95% of humanity will basically have their internet hobbled permanently, with no recourse or no clue.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    10. Re:Oh goody by Captain+Splendid · · Score: 4, Insightful

      And can you tell me why you trust corporations to do anything besides slavishly tend to their bottom line?

      I've got no problem with a general distrust of government, but when you turn around and bend over for someone who doesn't even bother to pay lip service to your welfare, I gotta question your sanity.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    11. Re:Oh goody by commodore64_love · · Score: 5, Insightful

      >>>no need for government regulation here - it would only benefit the existing ISPs at the expense of the consumer.

      That's equivalent to saying there's no need for the government to regulate the Gas & Electric companies, or the Phone company, because it would only benefit the monopoly. I say "bull" to that. Whenever a monopoly exists, the government should either regulate the monopoly, or regulate it, or break it up and restore competition.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    12. Re:Oh goody by commodore64_love · · Score: 5, Insightful

      That would be true but the 1996 Bill tied no strings to the dollars. For example Congress typically says, "Raise your drinking age to 21, else your federal highway funds will be reduced by 5%."

      Congress could have done something similar, mandating companies have equal access to all websites else get no funds, but they did not. As is typical of Cognress they handed corporations lots of money and no strings attached.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    13. Re:Oh goody by DesScorp · · Score: 2, Interesting

      When did "regulate" become "micromanage"?

      --
      Life is hard, and the world is cruel
    14. Re:Oh goody by Lunix+Nutcase · · Score: 5, Insightful

      2) ISPs will be formed with the specific selling point of having no traffic shaping/filtering/prioritizing.

      This has been claimed for years and yet this hasn't actually happened. You live in a fantasy world if you actually believe such nonsense. The entrenched ISPs would kill off any such company.

    15. Re:Oh goody by SWolf1 · · Score: 0

      In a free market, if their product is crap, you don't buy it. You don't have the option with the government. Also, the most technologically illiterate yahoos in the country are in Government. One of my buddies forwarded an obvious spam to me about a free laptop. He works in IT for the State Government. They'll make retarded regulation that only the biggest companies can afford, thereby actually causing monopolies.

    16. Re:Oh goody by clone53421 · · Score: 3, Insightful

      When the government got involved.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    17. Re:Oh goody by commodore64_love · · Score: 0, Troll

      >>>For the purpose of regulating interstate and foreign commerce

      Because most Comcast companies are organized to handle INTRAstate communications. They lay their wires to serve a town or county, but don't cross the state line except at the highest level. Therefore they are can choose which websites they will, or will not carry, to the local homes.

      Therefore I'd suggest you try lobbying your State government, and have them regulate Comcast, in the same fashion that they regulate the electrical and natural gas monopolies.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    18. Re:Oh goody by jedidiah · · Score: 1

      No. They will install Kazaa or AnyDVD or Azureus or it's corresponding analog.

      ANY THING that the rubes do with computers needs to go through some sort
      of programmer gatekeeper. The fact that the programmer gatekeeper in
      question will have to hop through an extra few hoops will be completely
      transparent to the rubes as it always has been.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    19. Re:Oh goody by Shakrai · · Score: 1, Insightful

      There isn't a lot of choice for most people on what ISP they use

      That wouldn't have anything to do with the fact that your local government grants monopoly status to your local cable and telco, would it?

      Government regulations may not always be good

      Indeed. Government regulations are the very reason why most Americans live under a monopoly/duopoly environment for internet access.

      Of course that doesn't resonate well with the tin-foil hat and Fox News watchers out there.

      A genuine free market for internet services would also help everyone, but that doesn't resonate well with the MSNBC watchers out there.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    20. Re:Oh goody by geminidomino · · Score: 5, Insightful

      In a free market, if their product is crap, you don't buy it. You don't have the option with the government.

      You also don't have that option with ISPs. There's no free market there.

    21. Re:Oh goody by The+End+Of+Days · · Score: 0, Flamebait

      That's not a valid question to a nannystater. You never question the nanny, you just obey.

    22. Re:Oh goody by spun · · Score: 5, Insightful

      If what you say is true, then Comcast would be fighting FOR net neutrality. If you've noticed, they are fighting against it.

      Government regulation occurs locally as a defense against a particular kind of market failure: natural monopoly. The monopoly is going to exist whether the government gets involved or not, so the best course of action is to regulate it. If another start-up came along and ran another set of cables to every house, they would go bankrupt. In this case of natural monopoly, having more than one set of wires running to each home is simply less efficient than having only one. Everyone loses if companies run more than one set of wires, as everything gets more expensive. It's a simple fact: a natural monopoly means that a monopoly is more efficient. So, we can either encourage a fake competition (which means everyone loses) or we regulate a single entity. Or, we wait the decades or more for technology to change the market, but an unregulated natural monopoly is going to do everything in its power to kill any technological change that threatens it. Regulation really is the best option. Only closed minded free market ideologues think the free market is always the best option. Reasonable people know that it fails sometimes, and then government must step in. As with most things in life, the middle ground is often the best.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    23. Re:Oh goody by Anonymous Coward · · Score: 5, Insightful

      How exactly is saying that you have to resell (on reasonable terms) the monopoly that you are being given (OK, paying a paltry sum for) to others who will do work and give you a reasonable profit from "micromanaging"? The FCC does not seem to be dictating a lot more than "you have to allow for competition". With all the rhetoric going around about "the free market", this seems to actually be a great example of where a more free market would benefit the public, with the only downsides being to the established (and government sanctioned) monopolies.

      This same idea has worked out pretty well for phone service, while still allowing the major monopolies to still be the dominent players.

    24. Re:Oh goody by TheWizardTim · · Score: 3, Insightful

      Why not micromanage? How is the internet not necessary to function in daily life. The government is moving more and more services to the net. Without high speed access, people will be left out. If we don't make the net a public utility now, we will lose our access to government in the future.

      For example, if you live in Mass. you can't have your natural gas cut off, no matter how much you owe in winter. If companies were allowed to do whatever they want, it would cut off gas in winter and let people freeze to death. We have similar rules all over the US for phone, water, power, and others.

      Net access needs to be treated the same. It should be a right to have cheep, high speed, unfiltered, unshaped, internet access.

    25. Re:Oh goody by jedidiah · · Score: 1

      Except there is no free market in this stuff.

      How many times does that have to be said?

      If you are lucky you will get to choose between 2 land line monopolies and perhaps one of them might offer something decent.

      Last week, Tweedle Dee's real measured speed was about on tenth what it should be. This week it is only one half.

      I am almost sorry that I slammed the door in Tweedle Dum's sales respresentative the other day.

      Although they were just barely on the other side of legal in terms of trying to defraud me and the neighbors.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    26. Re:Oh goody by ground.zero.612 · · Score: 0

      Nah - ISPs may try to shape traffic, but so long as the government stays out of it, two things will happen:

      1) Techniques will be developed to circumvent traffic shaping/filtering/prioritizing

      -or-

      2) ISPs will be formed with the specific selling point of having no traffic shaping/filtering/prioritizing.

      There is no need for government regulation here - it would only benefit the existing ISPs at the expense of the consumer.

      Right... and when ACTA gets enacted what on God's green Earth makes you believe that circumventing traffic shaping/filtering/prioritizing technology will not be classified a criminal act with mandatory minimum prison terms?

      I'd even put $1USD that says once ACTA is shoved down our throats traffic shaping/filtering/prioritizing will actually be mandated by the Federal Government, thus ensuring the labeling of Yet Another Social Group as Criminals.

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    27. Re:Oh goody by Shakrai · · Score: 1

      Whenever a monopoly exists, the government should either regulate the monopoly, or regulate it, or break it up and restore competition.

      In this case the government created the monopoly. Ever heard of franchise agreements?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    28. Re:Oh goody by jaweekes · · Score: 3, Insightful

      When companies became involved and wanted to spoil the golden goose, the government stepped in to save the goose. Now the courts have given the companies the rope to kill the goose.

    29. Re:Oh goody by Anonymous Coward · · Score: 0

      Unless you can explain how the Internet isn't "communication by wire or radio".

      Because it's TEH INTARNETS, of course. They are magical and good and an entirely new, wonderful medium full of expression and equality and willful disregard for the wishes of copyright holders you don't agree with! Thus, they should be treated differently and have completely different rules.

      That IS what we've been bitching about endlessly for the past decade or two, right? It's what we've all wanted all this time, right? To be treated differently and separate from the arcane oldness of old laws and old people technologies? Right? Right? Anyone?

      Why are you crying now?

    30. Re:Oh goody by Lunix+Nutcase · · Score: 1, Troll

      Because most Comcast companies are organized to handle INTRAstate communications. They lay their wires to serve a town or county, but don't cross the state line except at the highest level.

      Bullshit. They have fiber crisscrossing state lines all over the country.

    31. Re:Oh goody by Khisanth+Magus · · Score: 1

      Yes, because everyone has so many options for internet. In most areas you generally have one option for broadband. One. If that option is comcast...you get comcast, or you have dial up and are only able to check your email.

      So many anti-government/super-capitalist people say that the market will take care of itself, but it doesn't. The cost of entry into the ISP market is too high, and even if you can afford the initial cost the big companies will do everything they can to bury you so deep they would need a drilling team just to find your company.

    32. Re:Oh goody by KharmaWidow · · Score: 4, Insightful

      While I agree with you, and I appreciate the potential value of a tiered internet, I have no other choice but feel doomed by this decision.

      Net-neutrality almost ensures that everyone one has an equal opportunity/experience on the internet (for those who have access). It is the first step to freeing information.

      As well as it is evident that Comcast, and other companies like it, want to move to a measured-rate means of charging. Combine that with tiered traffic speeds and the cost of using the internet is going to skyrocket. Online gaming and media streaming will cost a fortune to the user.

      And while the FCC is not the appropriate entity to regulate this, they were our only hope in maintaining net-neutrality. Democrats and Republicans, and politicians in general have demonstrated time and time again they are not capable of managing issues like these.

    33. Re:Oh goody by Qzukk · · Score: 1

      2) ISPs will be formed with the specific selling point of having no traffic shaping/filtering/prioritizing.

      Sort of like how Teksavvy promised not to throttle traffic like Bell Canada was... oh wait! Bell Canada throttled Teksavvy's traffic for them!

      I don't think you understand how all of these networks connect together to become Teh Intarwebs.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    34. Re:Oh goody by fulldecent · · Score: 1

      There's nothing implicitly wrong with local regulation of utilities. There is potential for abuse when the pols can spend OPM.

      --

      -- I was raised on the command line, bitch

    35. Re:Oh goody by trentblase · · Score: 1
      And it makes sense to grant a regulated monopoly in many cases. For example, when installing multiple competing gas, electric, telephone, and cable lines to every house is incredibly wasteful. You might think that competitors could come up with some kind of shared physical resource scheme, but that's a big collective action problem, easier solved by the government.

      So now that we know why its at least reasonable to have cable monopolies, you can see why we also have to regulate that monopoly to prevent abuse.

      One approach that looks good to me is to grant a physical monopoly to a fiber optic network supplier (who must remain completely data neutral) and let ISPs compete to offer different services over that network. Some may block BT traffic and have data caps for a lower price. Others will offer premium unlimited service for more.

    36. Re:Oh goody by Anonymous Coward · · Score: 0

      It isn't wire and radio idiot.

      The internet is a series of tubes.

      They don't regulate tubes.

    37. Re:Oh goody by Chirs · · Score: 2, Informative

      "That wouldn't have anything to do with the fact that your local government grants monopoly status to your local cable and telco, would it?"

      No, it would be due to the fact that cable/telco are industries with a high cost of entry. Thus, the incumbant has a huge advantage. Around here there is one phone company and one cable company. Basically all homes are already wired to both of them. Any new competitor needs to gain right-of-way to the homes, install cable/fiber, etc.--it's not worth it.

    38. Re:Oh goody by Anonymous Coward · · Score: 0

      Bye-bye internet, was nice knowing ya.

      The internet was already being lost to the likes of Adobe who, between Flash and Acrobat, are fast becoming the gatekeepers. I remember when you could just play an open-format video or just read an open-format document and didn't have to have a goddamned third party in between all the time that needed constant upgrades and brought with it security issues.

    39. Re:Oh goody by b4upoo · · Score: 1

      It is time to take power away from corporations.

    40. Re:Oh goody by commodore64_love · · Score: 1, Interesting

      >>>>>Whenever a monopoly exists, the government should either regulate the monopoly, or regulate it, or break it up and restore competition.
      >>
      >>In this case the government created the monopoly. Ever heard of franchise agreements?

      (1) Rude insulting question because it assumes I'm stupid/ignorant. (2) How does my answer "yes" change what I said before? It doesn't. I still think the State government should regulate electrical, natural gas, phone, and internet monopolies. That is what State governments are for - to regulate within their own borders.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    41. Re:Oh goody by jaweekes · · Score: 1

      You are assuming the they is a valid alternative which does not filter. Once one company strikes a deal with MS to give them priority over Google, then all the ISP's will be looking for the same (or more) money.
      Let me try it another way... Left-leaning socialist pay all ISP's to have the Right-leaning tin-hat crazies website become too slow to view. Sorry Fux News, you paid millions for a website it's useless.

      This has nothing to do with the government viewing emails, websites, or following your blog (they do that already). It has everything to do with keeping the level playing field that has existed on the Internet since it was created. This decision will create a situation where the likes of Google and Facebook could not be started, as the cost of entry to the market will be too high.

      In other words, only existing players and big companies in the future will be the only ones who can operate on the Internet. All others will be reduced to a sub-par level of service that will wipe them out. Would you wait 10 seconds for a webpage to load on your 10mb/s connection, or will you go with Google's .5 second load time?

    42. Re:Oh goody by megamerican · · Score: 1

      Corporations, nor the government will have what is best in mind for the people unless the people direct them.

      For many reasons I spend my own money to filter the water coming from the government with all of their "wonderful" regulations. If it was so safe why can't I put fish into it immediately after getting it from the tap?

      I have no problem with Comcast or other ISP's doing common sense traffic filtering. I don't mind them giving priority to VOIP and video game traffic over P2P and other traffic.

      Government can't do anything to corporations that the people couldn't. It just so happens that most people are apathetic and expect someone else to do it for them. That allows corrupt government officials to write regulations that will do nothing but benefit a few large corporations.

      Have you seen the stock prices of the large insurance companies after the health care "reform" bill was passed?

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    43. Re:Oh goody by Shakrai · · Score: 0, Flamebait

      Any new competitor needs to gain right-of-way to the homes, install cable/fiber, etc.--it's not worth it.

      So I assume you've done a business study to conclude that it's "not worth it" across the entire United States to start up your own ISP?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    44. Re:Oh goody by CorporateSuit · · Score: 1

      You apparently have it backward, Mr. Troll. Perhaps if you left your bridge more often, people would treat you better, listen to your stupid ideas, and pretend to consider your twisted sense of logic.

      --
      I am the richest astronaut ever to win the superbowl.
    45. Re:Oh goody by Anonymous Coward · · Score: 0

      Government regulation of our food supply is fucking us over right now (farm subsidies? politicians obeying the meat and dairy lobby? the fucking food pyramid, for Christ's Sake?), so there you go.

      And finally...Corporations are made up of people. Stop trying to demonize them and acknowledge that we are fucking ourselves! We have always been the ones fucking ourselves. There is no great Satan behind the controls or "Big Oil" and "Big Pharma." There are people responding to and shaping market forces based on our actions. You, sir, are the tin foil hat wearer. You are the conspiracy theorist.

    46. Re:Oh goody by clone53421 · · Score: 1

      More like the companies had their golden goose and wanted to sell the eggs to people who could afford them, but the government stepped in to kill the goose and distribute the gold more fairly.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    47. Re:Oh goody by Skreems · · Score: 1

      Speakeasy. You're welcome.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    48. Re:Oh goody by spazdor · · Score: 4, Insightful

      HINT: "Rights" never require action on the part of someone else.

      Oh, good. I'll let all the nation's court justices and bailiffs know that they can retire now and due process will carry on without them.

      --
      DRM: Terminator crops for your mind!
    49. Re:Oh goody by Gerzel · · Score: 1

      It didn't Network Neutrality is a fairly old concept going back before the internet and is not micromanaging at all.

    50. Re:Oh goody by dr2chase · · Score: 2, Informative

      My internet traffic is not confined to my state; this seems like a reasonable place for the FCC to regulate.

    51. Re:Oh goody by smartr · · Score: 1

      If the problem is the market failure of a natural monopoly, how the hell does a monolithic speech controlling organization like the FCC make things better for "neutrality"? Wouldn't it make more sense to create incentives for competition while chopping at the monopolies with an axe? Which do you think would make for better "neutrality"?

    52. Re:Oh goody by gangien · · Score: 1

      Because any corporation that isn't involved with the government, I choose to involve myself with. Thus, I can sever ties with them, also at my choosing.

      Kind of boils down to that whole freedom thing.

    53. Re:Oh goody by Gerzel · · Score: 5, Insightful

      Yeah except there are no nannystaters. Practically, no one believes that the government should just be obeyed and never questioned, at least in the US.

      There are people who believe that a robust government can encourage and even enhance the general welfare, rights and pursuit of happiness of its citizens if managed reasonably well.

      There are also people who believe that large private entities with drastically reduced legal liabilities should not have the same rights or to the same degree as living citizens.

    54. Re:Oh goody by jaweekes · · Score: 1

      No. The government isn't distributing anything; they are just keeping the status-quo.

    55. Re:Oh goody by commodore64_love · · Score: 1

      >>>How exactly is saying that you have to resell (on reasonable terms) the monopoly that you are being given (OK, paying a paltry sum for) to others who will do work and give you a reasonable profit from "micromanaging"?
      >>>

      Nothing but it wasn't the FCC or the U.S. that granted the monopoly.
      It was your State government.
      IT is the one holding the strings.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    56. Re:Oh goody by Bakkster · · Score: 1

      There is no need for government regulation here - it would only benefit the existing ISPs at the expense of the consumer.

      Only if we get rid of the expemtion ISPs have to license usage on their hardware. As it stands now, you have the choice of one cable ISP (maybe), several DSL providers (if you're lucky, you probably have one or zero), and one fiber provider (maybe). If we get rid of the localized monopolies, then we can possibly start to deregulate the ISPs. Until then, regulation is necessary if we want to be able to reach the internet.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    57. Re:Oh goody by The+End+Of+Days · · Score: 1, Insightful

      How is the internet not necessary to function in daily life.

      Seriously? Do you eat it, or breathe it, or take shelter in it when the weather gets bad?

    58. Re:Oh goody by HarbingerKtS · · Score: 1

      Seems pretty clear that this falls squarely within it's right to regulate. Unless you can explain how the Internet isn't "communication by wire or radio".

      But... everyone knows the internet is a series of tubes and therefore neither wire nor radio.

    59. Re:Oh goody by commodore64_love · · Score: 0, Troll

      >>>>>Because most Comcast companies are organized to handle INTRAstate communications. They lay their wires to serve a town or county, but don't cross the state line except at the highest level. Therefore they are can choose which websites they will, or will not carry, to the local homes.

      >>
      >>Bullshit. They have fiber crisscrossing state lines all over the country.

      Somebody doesn't know how to read. Read the bolded part again. And read the sentence after that. The U.S. government has jurisdiction over the fibers crossing state lines. The U.S. government does *not* have jurisdiction over the local cables lying under your street. If Comcast wants to block rushlimbaugh.com from crossing over their local-area-network (buried coaxial cables), the U.S. government has no authority to force them to do so.

      That power has been reserved to the State government.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    60. Re:Oh goody by Americano · · Score: 2, Insightful

      How is the internet not necessary to function in daily life.

      Wow. Get some perspective. You do realize that losing your internet connection will not result in you freezing to death, right?

      As a "utility", internet service is pretty low on the ranking. Water is a biological necessity. Heat, during winter months, is a biological necessity. Phone is important for access to emergency services. Electric is generally required for delivery of water and/or heat in some fashion.

      If you're going to declare the internet a "utility", and then claim it's a critical utility in the interests of your net neutrality goals, you have to then demonstrate how it's okay to leave millions of homes across the US without an internet connection, but those who already have it can't possibly have it cut off or managed in any way by the ISP.

    61. Re:Oh goody by Gerzel · · Score: 1

      Nice theory except.

      1. Requires time and effort by developers which is not trivial at all and most that really care will just pay for the higher teir. And that time and effort will be countered and overwrought by the ISPs themselves.

      2. With what money? Forming an ISP costs money, quite a lot of it if you want to do a big one. They will probably cost as much or more to their customers as the higher tiers and the average customer won't care about the difference.

      3. The smaller players who are protected by Net Neutrality lose out as they are unable to work with option 1 or 2.

    62. Re:Oh goody by JesseMcDonald · · Score: 0, Flamebait

      You also don't have that option with ISPs.

      Wherever did you get that idea? Of course you have the option of not buying their services. No one is going to garnish your wages or throw you in prison for not buying Internet service from a local ISP. You don't even have to go without: you can bypass the ISPs entirely by purchasing transit from a higher-level provider, form your own ISP, or subscribe to dial-up, terrestrial wireless, or satellite Internet service.

      Even if your only choices were DSL, cable, or no Internet at all, however, that's still far more of an option than you'll get from the government. They only give you one choice: pay up.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    63. Re:Oh goody by TheWizardTim · · Score: 5, Interesting

      The second we take away the roads, power, water, garbage collection, phone, net access, schools, other fundamental services of a first world nation, we become a third world nation. You can say "free market" all you want, but history shows that companies will not deliver these fundamental services if they don't forced to do so. If you lived in small town America, away from high density populations, you did not get power for years after the rest of the country. The same goes for phones.

      I want to live in a first world nation, where I have cheep, reliable access to these services.

    64. Re:Oh goody by copponex · · Score: 2, Insightful

      Government regulation of our food supply is fucking us over right now (farm subsidies? politicians obeying the meat and dairy lobby? the fucking food pyramid, for Christ's Sake?), so there you go.

      If you want to go back to having children pack human flesh in your canned meat products, go ahead and make your case. Don't worry. I'll wait. Your issue is not government regulation. It's ineffective government regulation.

      And finally...Corporations are made up of people. Stop trying to demonize them and acknowledge that we are fucking ourselves!

      The difference between a large powerful corporation and a large powerful democracy is that you can influence the government with just your vote. If Shell wants to drill in front of your beachfront condo and you have no government to regulate their activities, what are your options? Do you think they will acquiesce to your complaints instead of netting a few billion dollars?

      The argument that the government is bought off with lobbyists is not an argument for stronger corporations. It's an argument for stronger government.

    65. Re:Oh goody by spun · · Score: 1

      I suggest you look at the actual definition of natural monopoly for an in depth explanation as to why your ideas of creating incentives for competition and chopping up these monopolies simply won't work. I tried to explain it, but obviously I have failed to communicate to you the core meaning of 'natural monopoly' and why it is different than a government created monopoly. Encouraging competition with, or chopping up a natural monopoly is counter-productive and leads to higher costs for everyone.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    66. Re:Oh goody by The+End+Of+Days · · Score: 1

      Why do that when common sense just says give huge amounts of power to the federal government and trust them to do the right thing? After all, the US has demonstrated its trustworthiness for years.

    67. Re:Oh goody by Qzukk · · Score: 1

      In a free market, if their product is crap, you don't buy it.

      Hey, it works for the Amish, it should work for everyone else too!

      I know, you could really show that telco and go back to dial-up!

      Well, I guess there's always smoke signals...

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    68. Re:Oh goody by dave562 · · Score: 1

      Quit while you're ahead. The cost of entry into the ISP market is a huge barrier that can't be overcome at this point. Anyone who wants to "start their own ISP" is going to end up leasing lines from the telcos. In case you missed it, the government had to step in to enforce competition and force the telcos to share their circuits. As others have pointed out, nobody is going to be able to overcome the expense of running more wire / fiber / cable to homes, businesses, etc.

      If you want a good example of the hurdles facing someone trying to start their own ISP, take a look at how Verizon is struggling with FiOS. They are already in the ISP business but the infrastructure is lacking in many places. They are hemorraging money trying to bring up those fiber connections, and the uptake on their service has been well below expectations because with the current offerings, MOST people can't tell the difference between a 25mb cable modem connection and a 100mb fiber connection. The cable companies can undercut Verizon and provide almost identical (to MOST people) offerings. In this forum, people know the different between a 25mb connection and a 100mb connection. To a home user who just wants crisp 1080p digital tv, streaming Netflix, web surfing, iTunes downloads and online gaming... 25mb is more than adequate.

    69. Re:Oh goody by The+End+Of+Days · · Score: 1

      And who gets the power then, exactly?

    70. Re:Oh goody by Bakkster · · Score: 1

      Aside from the high infrastructure cost and predatory pricing from the incumbent? Sure, no reason why a new ISP couldn't succeed. /s

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    71. Re:Oh goody by Anonymous Coward · · Score: 0

      2) ISPs will be formed with the specific selling point of having no traffic shaping/filtering/prioritizing.

      This has been claimed for years and yet this hasn't actually happened. You live in a fantasy world if you actually believe such nonsense. The entrenched ISPs would kill off any such company.

      When I had Road Runner Internet access provided by Brighthouse Networks (Time Warner), I was unable to access DirecTV's website. When I pulled the same PC off the cable modem access and tethered my Verizon phone for access, I WAS able to access, ergo.... Brighthouse was intentionally filtering, making it difficult to manage my TV account (Brighthouse/Time Warner, of course, sells TV service).

      Now, let's change the communication medium and say I get phone service through Verizon, who sells FIOS TV and Internet access: would it be acceptable if they prevented me from CALLING Brighthouse Networks from my land line phone, because they wanted to sell me THEIR service?

      Few people in government understand simple technology concepts and the folks who would explain these things are taking money from big companies who wish to compete unfairly.

    72. Re:Oh goody by Teun · · Score: 1

      I would say the subject at hand falls more under 'macromanage', after all neutrality is rather essential for the functioning of the only internet there is.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    73. Re:Oh goody by clone53421 · · Score: 1

      That’s what they are supposed to do, yes...

      I was making a broader statement than just this particular case. Read the post to which I responded and my post again, in general rather than as a direct commentary on this particular case.

      When did "regulate" become "micromanage"?

      When the government got involved.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    74. Re:Oh goody by Dishevel · · Score: 2, Informative

      Rights are something you HAVE. That the government should not get in the way of. Healthcare and the internet are WANTS. We want them really bad. Both are very cool. Though really neither is a RIGHT.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    75. Re:Oh goody by Hellpop · · Score: 1

      I guess you prefer it with $$BIGGOV'T$$ sticking a big fat one up yours.
      Not that there's anything wrong with that, but it's not for me.

      --
      "People are stupid; given proper motivation, almost anyone will believe almost anything."
    76. Re:Oh goody by Shakrai · · Score: 1

      Quit while you're ahead. The cost of entry into the ISP market is a huge barrier that can't be overcome at this point.

      That's funny, because there are quite a few companies that have managed to do exactly that in the handful of US markets that aren't franchised.

      Anyone who wants to "start their own ISP" is going to end up leasing lines from the telcos.

      Starting your own ISP requires an uplink to the internet? Who'd of thunk it!

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    77. Re:Oh goody by Bakkster · · Score: 1

      For many reasons I spend my own money to filter the water coming from the government with all of their "wonderful" regulations. If it was so safe why can't I put fish into it immediately after getting it from the tap?

      Possibly for the same reason that you can't necessarily drink the same water straight from the lake, stream, or ocean that fish lives in.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    78. Re:Oh goody by shutdown+-p+now · · Score: 2, Informative

      Because most Comcast companies are organized to handle INTRAstate communications.

      Given that growing food and marijuana for personal consumption is considered an "interstate commerce" issue according to SCOTUS, it would seem that providing commercial Internet access service locally should also qualify.

    79. Re:Oh goody by blizz017 · · Score: 1

      That would be true but the 1996 Bill tied no strings to the dollars. For example Congress typically says, "Raise your drinking age to 21, else your federal highway funds will be reduced by 5%."

      Congress could have done something similar, mandating companies have equal access to all websites else get no funds, but they did not. As is typical of Cognress they handed corporations lots of money and no strings attached.

      Your post contradicts itself: first you say congress typically tied strings to dollars; then you turned around and said that congress typically handed corporations with lots of money and no strings attached. now which is it?

    80. Re:Oh goody by shutdown+-p+now · · Score: 2, Insightful

      Even if your only choices were DSL, cable, or no Internet at all, however, that's still far more of an option than you'll get from the government. They only give you one choice: pay up.

      Unlike corporations, you have a direct say in how your government is run, including how much needs to be paid up, and what it is used for.

    81. Re:Oh goody by Hellpop · · Score: 0, Flamebait

      Wow. If you are really dumb enough to think that is what he means, then please seek professional help.

      --
      "People are stupid; given proper motivation, almost anyone will believe almost anything."
    82. Re:Oh goody by thetoadwarrior · · Score: 3, Insightful

      ISPs probably shouldn't have taken tax payer money then if they didn't want the government to have a say in how they run.

    83. Re:Oh goody by dave562 · · Score: 1

      Starting your own ISP requires an uplink to the internet? Who'd of thunk it!

      It also requires government regulation to get you into the market. If you want to sell DSL to an AT&T subscriber, AT&T has to allow you into the market and has to allow you to co-locate your equipment in their CO. Without government regulation, AT&T would just give you the finger and your ISP would be dead in the water.

      The cable companies are currently getting a free pass. There isn't any regulation that says Comcast has to allow you access to their copper so that you can provide "unfiltered" internet service to anyone who has cable service.

      You mention that people have managed to start up ISPs in markets that aren't already franchised. Since you seem to have a lock on that data, find me an example of an ISP that didn't have support from the local municipality. Show me one of those ISPs that didn't have to rely on government regulation to provide them with access to the infrastructure. If you can find me an example like that, I will agree that opening your own ISP is a viable alternative to Comcast shaping traffic.

    84. Re:Oh goody by commodore64_love · · Score: 2, Insightful

      "I disagree with your opinion" is fine with me.

      Modding me "troll" is not. Nothing I said in the above post was trollish. I was expressing my opinion, which apparently is backed-up by a U.S. Appeal Court's opinion. If you want Comcast regulated, then contact your local state government and ask them to do it, as they are already doing with other monopolies (electrical, natural gas, phone). The State PUC would be the entity responsible.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    85. Re:Oh goody by u-235-sentinel · · Score: 1

      Bye-bye internet, was nice knowing ya.

      After all, access to web sites like Google or slashdot are so over rated. Why go there when you can go to google.concast.com or slashdot.concast.com and get better service at a lower cost!!

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    86. Re:Oh goody by Anonymous Coward · · Score: 0

      Hint:
      He's a libertarian. "If they don't satisfy their customers' wants they will go out of business and someone who does will get all their subscribers."

      Libertarians
      ignore
      monopolies
      collusion
      price-fixing
      lack of choices

      LALALA I CAN'T HEAR YOU!! INVISIBLE HAND!! INVISIBLE HAND!!!

    87. Re:Oh goody by u-235-sentinel · · Score: 1

      When did "regulate" become "micromanage"?

      www.whitehouse.gov

      check it out ;-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    88. Re:Oh goody by irn · · Score: 1

      The entrenched ISPs would kill off any such company.

      I agree that at this stage it would be extremely difficult for any company to come along and offer no filtering, etc...and not be swallowed up. unless maybe that company had a huge stake in the internet itself, and was recently starting to offer much faster connection speeds at comparable prices to the current corporations. My hope here is that maybe Google can leverage their power for a more neutral internet. This is of course assuming google won't jump on the bandwagon and offer better connections to websites using their ad service...

    89. Re:Oh goody by moeinvt · · Score: 1

      Interesting philosophical argument about market failures leading to sub-optimal outcomes. Unfortunately, with all of the fraud and corruption in Washington D.C. and their utter and complete disregard for the rule of law, it doesn't matter what laws we have on the books. I agree with a lot of what you say in principle. It's just unfortunate that our government is fundamentally corrupt and can't be trusted to create and enforce regulations on netwrok neutrality that are in the best interests of the citizens of the U.S.

      A real regulator that was interested in serving the public "might" alleviate the market failure, but such a thing doesn't exist in our gangster government. Given the choice, I'd rather have a profit-driven Tyrannosaurus Rex of a corporation with whom I am free to do business, or not do business than a government who robs me at gunpoint and uses my wealth to enrich themselves and a few well connected elites.

    90. Re:Oh goody by Captain+Splendid · · Score: 2, Insightful

      It is good to see that your reading comprehension fail is still rewarded with shitty karma though.

      Keep on truckin'!

      --
      Linux, you magnificent bastard, I read the fucking manual!
    91. Re:Oh goody by Dragonslicer · · Score: 1

      If another start-up came along and ran another set of cables to every house, they would go bankrupt. In this case of natural monopoly, having more than one set of wires running to each home is simply less efficient than having only one.

      It's not just more expensive and/or less efficient for a company trying to enter the market. There are two bigger issues. First, there's limited physical space. For fiber and cable, this isn't a major problem, since there's enough space for dozens of lines, but for things like water, electricity, sewage, and roads, it's just not physically possible to have open competition. Second, a new entry into the market is highly disruptive to the residents of the area. It might only take a few days of having half a road closed to run new fiber, but imagine how annoying it would be to have your road torn up once a month so that some new company can bury sewage pipes.

    92. Re:Oh goody by goldmaneye · · Score: 5, Insightful

      The short answer is, it depends on the kind of rights we're talking about.

      The long answer is, there are many different kinds of rights. Natural rights are those that are thought to be inherently granted; legal rights are those granted by a body politic.

      http://en.wikipedia.org/wiki/Natural_and_legal_rights

      Positive rights require action. Universal healthcare is a positive right, since it requires someone to provide that healthcare. Negative rights require inaction. Right to life, liberty, and property are negative rights, since they require that someone NOT take those things from you.

      http://en.wikipedia.org/wiki/Negative_and_positive_rights

      There are also the concepts of claim rights (a right which entails some responsibility on the part of the right-holder) and liberty rights (a right which does not).

      http://en.wikipedia.org/wiki/Claim_rights_and_liberty_rights

      Healthcare and the Internet could easily become rights if the government decrees that they are rights. With respect to the Internet, this is what the GGGP was arguing should happen.

    93. Re:Oh goody by Twanfox · · Score: 1

      The argument that the government is bought off with lobbyists is not an argument for stronger corporations. It's an argument for stronger government.

      Alternatively, you could be advocating a weaker corporation, one with fewer rights and more obligations. This does not immediately lead to stronger government, just a government stronger than corporations.

    94. Re:Oh goody by Anonymous Coward · · Score: 0

      "I guess you prefer it with $$BIGGOV'T$$ sticking a big fat one up yours."

      So pick your poison. In this case $$BIGGOV'T$$ is not trying to stick a big fat one up ours. But $BIGCORP is.

    95. Re:Oh goody by Shakrai · · Score: 1

      It also requires government regulation to get you into the market. If you want to sell DSL to an AT&T subscriber, AT&T has to allow you into the market and has to allow you to co-locate your equipment in their CO. Without government regulation, AT&T would just give you the finger and your ISP would be dead in the water.

      No, without government regulation you'd be able to string your own wires and reach your customers regardless of what AT&T is doing. Instead we have a situation where local governments conspire with the telco and cableco to prohibit people from doing this. Pray tell, why should AT&T or Time Warner have special rights to access the utility easement that a start up lacks? Why is said easement being given away to monopolies that extort ever increasing fees out of the communities they serve?

      Moving beyond wireline services, why does the FCC allow companies like AT&T and Verizon that already have ample spectrum to grab more spectrum? When the DTV transition went through we were told that it had to happen to open up a "third pipe" for broadband services. Then all of the freed up spectrum was sold to the very companies that already provide broadband services and whom have zero incentive to shake up the market with new offerings.

      Can't you people see that it's this unholy marriage between governmental regulation and big business that's resulted in the current broadband situation? You'll forgive my skepticism when someone tries to tell me that further regulation will address these imbalances. Were none of you around for the glory days of telecommunications regulation when long distance services cost $0.10/min (or more!) and "innovation" consisted of rolling out "advanced" features like call waiting?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    96. Re:Oh goody by Anonymous Coward · · Score: 1, Informative

      The FCC's charter only carries weight if it is backed up by legislation and the constitution. And according to the summary on page 2 of the opinion, they conceded the lack of explicit statutory support and argued from the perspective of necessity.

    97. Re:Oh goody by TheWizardTim · · Score: 5, Insightful

      Okay, if that is your argument, shut off your power, water, don't drive on the roads, don't send your kids to public school, don't fly, don't go to the hospital, don't use medicine, move to the middle of nowhere and build a house out of mud. All of those things are wants. We don't have the right to any of them.

      We the people funded the internet. We the people subsidized the cables in the ground. We the people own the airways. We the people should have access to what we paid for. If companies want to make profit of of the infrastructure, they need to follow the rules we put in place.

    98. Re:Oh goody by sweatyboatman · · Score: 2, Informative

      Government can't do anything to corporations that the people couldn't. It just so happens that most people are apathetic and expect someone else to do it for them. That allows corrupt government officials to write regulations that will do nothing but benefit a few large corporations.

      this is a very funny thing to say. but it reveals a clear disconnect in the conversation.

      you see "Government" as something other than "the people" when they are essentially the same thing. The people want clean drinking water (though they don't need it to be so pristine that fragile over-bred creatures could live in it for extended periods of time). The government makes laws and regulations to prevent contamination of drinking water. The people don't want their children seeing naked boobies on tv or listening to hate-speech over the radio, so the government makes the FCC to regulate those things.

      What you're suggesting is akin to an anarchic form of government where whenever individuals face an issue, they rally a large enough body of people into a sort of ad-hoc government and go after the problem. From an economics standpoint, this is incredibly unproductive because when people are rallying to a cause they're not doing their work. From a business standpoint, this is untenable because the rules are subject to constant and unpredictable change (the only rule is mob rule). From a consumer protection standpoint this is bad because usually by the time the problem gets confronted it's already too late (the forest is already chopped down and the perpetrators have fled). From a representation standpoint this is bad because it gives a much stronger voice to the unproductive portions of society.

      The current system is not perfect, but it does address all these problems. It gives a strong voice to individuals. It provides a consistent framework withing which businesses can operate. And, through regulations, it provides protection and preemptive relief from excesses.

      Have you seen the stock prices of the large insurance companies after the health care "reform" bill was passed?

      I am not an expert, but I checked out the stock prices of a couple large insurance companies since the reform bill passed and they're doing about as well as the DOW. Which would suggest that their stock prices are benefiting from investors optimistic view of the economy as a whole, and not from any specific thing in the health reform legislation.

      --
      It breaks my pluginses, my precious!
    99. Re:Oh goody by Attila+Dimedici · · Score: 1

      Please give one example of a "natural monopoly". All of the monopolies that are usually given as examples of "natural mononpolies" exist because of government regulation: electricity, telephone, cable tv, all monopolies created by government regulation.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    100. Re:Oh goody by TooMuchToDo · · Score: 1

      Which is owned by Best Buy now.

    101. Re:Oh goody by Attila+Dimedici · · Score: 1

      Sorry, but there were lots of companies that entered the early cable/telco market only to be gradually squeezed out by government regulation. Local municipalities had the authority to license what companies could offer cable service in their area. The local governments in the most lucrative areas basically sold the local monopoly to the highest bidder. The more areas a cable company already serviced the more they could pay in bribes to the next community.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    102. Re:Oh goody by dave562 · · Score: 1

      Do you have any idea what the hell you are talking about. The following is quote directly from the About link on Comcast.com

      "Today, we're the country's largest provider of cable services - and one of the world's leading communications companies. We're focused on broadband cable, commerce, and content. We deliver digital services, provide faster Internet and clearer broadband phone service, and develop and deliver innovative programming."

      Read the bolded part where they claim to be the largest provider of cable services IN THE COUNTRY. Take all of your nonsense about State centric legislation and shovel it somewhere else among people who won't take five seconds to question it, and come to the conclusion that you're way off base.

    103. Re:Oh goody by centuren · · Score: 1

      Rights are something you HAVE. That the government should not get in the way of. Healthcare and the internet are WANTS. We want them really bad. Both are very cool. Though really neither is a RIGHT.

      For those passionate about the American constitution and it's roots, there sure are a lot who like to tell people what rights they don't have. The US was founded on the concept that as people, individuals are naturally endowed by certain rights, regardless of whether or not the ruling body acknowledges them. They included in the amended Constitution a set of rights they felt are in that category. Obviously they did not include all such rights, as they were smart men influenced by their times, and to imply they foresaw everything and included it all perfectly is to deny both history and reality.

      Of course, the right to have unfettered Internet access is pretty silly, although having widespread and unfettered Internet access is a good thing in many ways. Protections against failings of the privatized health care system as it developed in the US, well, that's debatable. What makes something an inherent right of people? Clearly we don't have the same criteria that was initially used, or universal voting would not be considered a right (a process in which the federal government was definitely involved, both by granting suffrage to those previously denied it, and intervening on the side of individuals who were being denied the ability to vote by states, localities, and even communities). The idea that the federal government has no role when it comes to rights other than staying out of the way is a nice one, but not based on reality.

    104. Re:Oh goody by dkleinsc · · Score: 1

      If it was so safe why can't I put fish into it immediately after getting it from the tap?

      Because tap water is treated to make it safe for humans to drink, not fish. Specifically, municipal water supplies add in a small amount of chlorine and/or chloramine to kill off various water-borne nasties that you definitely don't want to be drinking unless you enjoy having diarrhea. However, that same chlorine is poisonous to fish, hence the need for further treatment. Your local tap water, by the way, is far safer for humans to drink than just about any other readily available sources of water (including bottled water, many wells, and all springs / streams / rivers / lakes).

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    105. Re:Oh goody by sweatyboatman · · Score: 1

      Thus, I can sever ties with them, also at my choosing.

      did it ever occur to you that the reason you have so much freedom and flexibility to make and sever contracts at will is because of government protections? that companies do not want you to sever ties with them. they do not want to offer a superior product than their competitors. the only thing they want is the money you earned through your productive labor.

      and it turns out that absent regulation, it's cheaper to keep all competitors out than to innovate. They can get maximum profits by offering the shittiest product that will do the work and make sure you cannot access any other product.

      --
      It breaks my pluginses, my precious!
    106. Re:Oh goody by Anonymous Coward · · Score: 0

      You folks need to wake up and understand that corporations do not and never will have your best interest in mind

      Excuse me? Who do you think runs your 20Mbit/s internet connection - oh yes, GiantCorp. Basically, you admit is that you fear some corporation may possibly make it difficult for you to do something that "they" find objectionable (and you say that Fox News watchers are wearing tinfoil hats). You curtly overlook that, in the larger picture, government intrudes on privacy and freedom to a far greater degree than any corporation does. Moreover, most of the stuff that GiantCorp has implemented that Network Neutrality advocates find so offensive, such as blocking peer to peer and DPI is used as a defense against crippling litigation brought on by ... oh yes legislation enacted by the government.

      Now YOU should wake up - the problem is a lot more complicated than your confidently assertive Marxist brain could possibly comprehend.

    107. Re:Oh goody by jimbolauski · · Score: 1

      That's why I trust corporations more they don't go around saying were doing this for your own good now bend over, government on the other hand loves doing that.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    108. Re:Oh goody by Hellpop · · Score: 1

      Where is this monopoly? Which of the several ISP's I have in my area alone to choose from is the monopoly? I do not think this word means what you think it means.

      --
      "People are stupid; given proper motivation, almost anyone will believe almost anything."
    109. Re:Oh goody by plague3106 · · Score: 1

      In cases where there is a natural monopoly, there is a simple solution; the municipality owns and operates the lines, and lets companies sell various services over those lines.

      That will effectively chop up the Comcast monopoly while not requiring huge expenses duplicating efforts.

    110. Re:Oh goody by schon · · Score: 1

      Practically, no one believes that the government should just be obeyed and never questioned, at least in the US.

      That statement is only true if you redefine "practically" to mean "in theory" and "no one" to mean "US Judiciary, including appeals courts.

    111. Re:Oh goody by Nadaka · · Score: 2, Insightful

      Congress ties strings to dollars to coerce states to cede their rights and powers to the federal government. They hand out money to corporations without strings because congress and the senate are on the take for campaign contributions, vacations and hookers.

    112. Re:Oh goody by Hellpop · · Score: 1

      Bravo! , promote, cheer and generally agree the shit out of this post!!

      Someone gets it!

      --
      "People are stupid; given proper motivation, almost anyone will believe almost anything."
    113. Re:Oh goody by hondo77 · · Score: 1

      No, without government regulation you'd be able to string your own wires and reach your customers regardless of what AT&T is doing.

      And where would you be stringing your wires?

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    114. Re:Oh goody by diskofish · · Score: 1

      It was clear to me, the poster is talking about congress and states and congress and corporations. To separate things.

    115. Re:Oh goody by theaveng · · Score: 1

      He was clear:

      In the first case he was discussing how Congress treats state governments (force them to pass laws, or lose 5% of their highway funds). In the second case he was discussing how Congress treats Corporations, handing out cash without strings. Like the 1996 Telecommunications Act or the 2008 TARP bailout.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    116. Re:Oh goody by plague3106 · · Score: 1

      My city owned telecom deployed fiber across the city, and I got their 8mb sync service. When they offered 20mb for only $10/month more, I signed up. I can tell you I can quite easily notice the difference. Downloading large files (almost 1gb) takes about 15 minutes. I imagine 100mb would reduce that quite a ways. Not to mention that web pages even are noticably quicker to load.

    117. Re:Oh goody by Wyatt+Earp · · Score: 1

      Well that is just bull.

      I worked at Comcast in Oregon doing support, out of our center we covered an area south of Eugene Oregon to north of Longview Washington. That location provided the TV, phone and internet for the area our support covered, techs would actually cross the state line too if their route demanded it. Our handoff to Tacoma was just north of Longview/Kelso, in the spring of '09 Everett got a center for northern Washington.

      So that is Interstate. Not intrastate.

    118. Re:Oh goody by The+End+Of+Days · · Score: 1

      So wait, do the incumbents charge too much or too little? I can't figure out which is the bigger problem.

    119. Re:Oh goody by uncqual · · Score: 1

      Corporations also sometimes favor Federal regulation, esp. when the Federal legislation restricts the ability of local/state governments to regulate, because they prefer to deal with one uniform, possibly slightly onerous, regulation than 1000 different and conflicting municipal level ordinances.

      Of course, corporations with large market share often prefer no regulation on their actions (although, they often favor regulations on such things as limits of liability for their actions) -- except of course if they think they can benefit from regulatory capture.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    120. Re:Oh goody by plague3106 · · Score: 1

      http://www.ausbcomp.com/~bbott/wik/cinci90.jpg

      There's a reason we don't want anyone to just be able to string up wires.

    121. Re:Oh goody by gangien · · Score: 1

      i have the freedom to make contracts because government enforces contracts. that's true.

      and it turns out that absent regulation, it's cheaper to keep all competitors out than to innovate. They can get maximum profits by offering the shittiest product that will do the work and make sure you cannot access any other product.

      how can they keep out competitors if there is no government regulating the market? they can't. big companies love regulations. No, they odn't love all of the regulations, but in general they do.

      You're missing the point, that as much resistance to innovation and catering to customer needs as there is, and there is a lot, open competition *MAKES* them do that. regulations don't. That's why your car today meets your needs/wants far better than 20 years ago. That's why your food is fresh and edible (i can keep going on..). not because some government bureaucrat made some stupid law that has a billion side affects, and doesn't fulfill the intended purpose.

    122. Re:Oh goody by dave562 · · Score: 1

      No, without government regulation you'd be able to string your own wires and reach your customers regardless of what AT&T is doing. Instead we have a situation where local governments conspire with the telco and cableco to prohibit people from doing this. Pray tell, why should AT&T or Time Warner have special rights to access the utility easement that a start up lacks?

      I wish I could just dig up my response the last time this short sighted argument came up. What it boils down to is liability and limited resources. Consider this example. This afternoon I am going to access the junction box that provides network connectivity to you and your neighbor. I am doing it because your neighbor wants my internet service. In the process I'm going to disconnect your service. It is just an accident. I drag my screw driver over the wrong binding post. Oops. Doesn't matter, because anybody can string cable anywhere. Or maybe we should get rid of shared junction boxes and common cable runs? There are natural monopolies over things like cable runs because duplicating infrastructure is a waste of resources. It is much easier to just enforce equal access to the infrastructure that is already there (and that has in many cases been partially or completely subsidized by tax dollars and/or tax breaks). You're just asking for problems if you're going to allow any Tom, Dick or Harry to crawl up onto utility poles and dive down into manholes.

    123. Re:Oh goody by Tetsujin · · Score: 1

      How is the internet not necessary to function in daily life.

      Seriously? Do you eat it, or breathe it, or take shelter in it when the weather gets bad?

      I do, literally! And by "literally" I mean "figuratively".

      --
      Bow-ties are cool.
    124. Re:Oh goody by Wyatt+Earp · · Score: 1

      Like I said before. Comcast has fracking lines running across state lines. Oregon/Washington is the Comcast area I'm familiar with. Beaverton Oregon is the center and the data is sent out to southern Oregon to about 60-65 miles into western Washington.

    125. Re:Oh goody by h4rr4r · · Score: 1

      If you have no phone service you can't use them. They also only exist because the local loop owner is forced by the rule of law to allow them to exist.

    126. Re:Oh goody by dillpick6 · · Score: 1

      Internet communication is all via tubes... I clearly stand behind the US Court of Appeals.

    127. Re:Oh goody by Richy_T · · Score: 1

      I want a pony.

    128. Re:Oh goody by celle · · Score: 1

      No strings attached is irrelevant. They didn't use the money as intended by congress, that's fraud. Start nailing these corporations at a personal/personel level and the problems will go away real quick. Nothing motivates an executive more than the risk of being thrown in a cell with the biggest dick around. Let's not forget the executives families since they benefited and surely received gifts to hide. Plus don't forget the corporations by taking away their charter and breaking them apart as well. Violate the public trust, pay the ultimate price.

    129. Re:Oh goody by dave562 · · Score: 1

      You missed the point I was making. Other than downloading large files, very few people are going to notice the difference between 25mb and 100mb. Short of downloading from Microsoft or another huge website, you'll have a hard time even getting a full 25mb throughput on a download.

    130. Re:Oh goody by jimbolauski · · Score: 1

      Most intelligent people dislike this simply because the FCC created a rule and tried to enforce it, even the msnbc watchers can figure out why that is a bad idea. If we want net neutrality a law must be passed, trying to skirt the constitution is a bad idea, net neutrality is a good thing and should be a law, that way the FCC could constitutionally enforce it.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    131. Re:Oh goody by The+End+Of+Days · · Score: 1

      Are you talking about some country that isn't the US? Here, we have a representative democracy, so there is no direct say.

      Also, with corporations, you have the ability to not use their service, which is much more direct a vote than you get with the government.

    132. Re:Oh goody by The+End+Of+Days · · Score: 0, Troll

      How many times does that have to be said?

      I'm not sure how excessive repetition will make your falsehoods true. You could probably assume you've tried enough, it'll never actually work.

    133. Re:Oh goody by Anonymous Coward · · Score: 0

      If many government services become primarily provided over the Internet, then equal access to those government services should be a right.

    134. Re:Oh goody by Anonymous Coward · · Score: 0

      If I had to choose between the ~1/150 millionth of a say I can get through voting, or the option to discriminate against whatever business I please, I'll go with the less futile option.

    135. Re:Oh goody by Anonymous Coward · · Score: 0

      Corporate America owns you, bitch. There isn't anything you can do about it, bitch. Get used to it, bitch.

    136. Re:Oh goody by Red+Flayer · · Score: 2, Informative

      How is requiring net neutrality micromanaging?

      Seriously... wtf? The FCC was not trying to lay down exact procedures for implementation of systems that are packet-content-agnostic. Requiring net neutrality is NOT micromanaging.

      You must think all regulations are micromanagement. Is prohibiting forgery micromanagement?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    137. Re:Oh goody by theaveng · · Score: 1

      Yeah but comcast isn't dumb.

      They divide themselves into separate companies which operate INSIDE a state. Banks and insurance companies typically do the same thing, so that everytime I walk into Bank of America I have to specify which state my account is located. So Comcast of Atlanta really and truly does not cross the border. All of its buried coaxial cables are within Georgia.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    138. Re:Oh goody by Biggseye · · Score: 1

      You are so right! First of all ISP or internet access is not a right, it is a service they you must pay for in your home, that is unless your are a wifi stealing creep. At no time has there existed on the Federal or to my knowledge, the state level, a "right" granted to you by anyone. The US, at least for now, is still a Capitalistic system where private enterprise controls most goods and services. An let me tell you, you really do not want it any other way. On the Federal Level, on those goods or services that cross state lines are covered by the interstate commerce clause of the US Constitution. In fact better than 99.9% of all Internet traffic does not cross state lines prior to getting to an ISP. For example, I use cable as my ISP, At no time from the time send data until it is routed through the main Internet switch does this touch, common carrier or public owned equipment. All other publicly regulated utilities, gas, electric, phone, use a common carrier almost from the point of use to the source. That is a big difference. In reality, I am amazed that the court did not find some way to allow the FCC to regulate even if they had to trash the USC and all the laws of private property to do it.

    139. Re:Oh goody by Anonymous Coward · · Score: 0

      Seems pretty clear that this falls squarely within it's right to regulate. Unless you can explain how the Internet isn't "communication by wire or radio".

      The internet is just a series of tubes

    140. Re:Oh goody by hoppo · · Score: 1

      Just because they put broad terminology in their charter doesn't mean they are magically imbued with limitless power over any domain encapsulated by that terminology.

      The FCC regulates the communications that utilize resources that are owned and operated by the federal government. That's where their authority begins and ends. That's why radio and TV (over the air) can be regulated by the FCC, while satellite and cable are not.

    141. Re:Oh goody by Shakrai · · Score: 1

      Yes, because telegraph cables correspond to modern fiber and coax networks. Could you find a more pointless comparison?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    142. Re:Oh goody by hedwards · · Score: 1

      Most other people don't know and don't really care about it. Admittedly, they might care, but without the tools to notice they won't be banging on their representatives' doors for a legislative fix.

    143. Re:Oh goody by jmorris42 · · Score: 1

      > I am sure someone will provide us an alternate source of water that has much less arsenic than the other company.

      Which is what has happened. The government water has so much crap in it that many people stopped drinking the crap that comes out of the tap and either filter it or buy bottled water on the free market.

      > There isn't a lot of choice for most people on what ISP they use.

      Here is the real problem. You can choose government monopoly A (telco), government monopoly B (cable) or slightly less regulated near monopolies C (cell internet) or D (WiMax). Many people think this is just an unintended consequence, it isn't. Government creates a problem so it can then solve it.

      > You folks need to wake up and understand that corporations do not and never will have your best interest in mind.

      What a silly notion, of course they don't! Any corporation that isn't in it for the shareholders should have its leadership replaced. But in an open market they have to serve the customer if they want those yummy obscene profits. Of course we have rent seeking monopolists instead of market driven capitalism these days.

      > Government regulations may not always be good, but in this case having a regulation that guaranteed net neutrality would benefit everyone.

      Like the governenment isn't worse than the corprations in having an agenda of it's own that will hose us ordinary users. Wake up and smell the reality, government has become 'special interest' number one. Government does little anymore that isn't intended to benefit itself.

      Do some research into the organizations agitating the loudest for 'network neutrality' and you will achieve enlightenment as to who the winners and losers will be.

      --
      Democrat delenda est
    144. Re:Oh goody by Hawke666 · · Score: 1

      “Electric is generally required for delivery of water and/or heat in some fashion.”

      How’s that? If you happen to have electric heat, I guess the latter (but there’s lots of alternatives: natural gas, wood, fuel oil, LP gas, ...). But I really don’t see how it’s required for delivery of water. Maybe necessary to power the pumping station, but not at the home level...

    145. Re:Oh goody by Wyatt+Earp · · Score: 1

      No, it shouldn't be a state issue and should be an FCC issue. If I send traffic from Alaska over GCI to my buddy on Comcast in Oregon, Comcast shouldn't have the ability to filter or "shape" the traffic just because a myopic court decided its not a Federal issue.

      It is part of the Federal mandate because it does deal with Interstate, not intrastate.

      If I am in Washington on Comcast and send traffic to Oregon over Comcast, the FCC should be the one governing the rules, not the states because its an Interstate issue.

    146. Re:Oh goody by ppanon · · Score: 1

      Apart for the local loop, nearly all Internet traffic currently is transmitted over glass fibre. Clearly glass fibre and wires are different.
      Apparently the FCC's charter needs to be updated for the 21st century to clarify things for overly literal judges.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    147. Re:Oh goody by dave562 · · Score: 1

      Gotta love shell companies. It seems to me if they are stupid enough to claim on their own webpage that they are the largest cable company in the United States that they should be treated that way. If they aren't going to make the effort to identify themselves as, "The largest group of unified, state centric cable operators" in order to keep up their farce, then they should suffer the legislative reprocussions.

    148. Re:Oh goody by Red+Flayer · · Score: 2, Interesting

      I believe internet access is a right, even if it is not commonly acknowledged as such in the US.

      The means to communicate via the internet is one of the most powerful tools we have for the ability to freely operate in our political system. I believe it is a direct analogue to the freedom of the press we have enshrined in the Bill of Rights.

      When a government-supported entity (the telcos) take actions that suppress the ability of people to exercise their freedom of the press, then effectively the government is suppressing freedom of the press.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    149. Re:Oh goody by TheWizardTim · · Score: 2, Informative

      Today, April 6th 2009, we can live without the internet. The world will not end if we don't have access. However, in 10/20/30 years, the internet will replace phones, TV, and most mail. I want to make it a utility, with all the rules and responsibilities, now. The earlier we do this, the better we will be in the future. So yes, I agree, it is not as important as access to clean water, but it is getting up there with phone and power.

      Finding a good job required access to online job ads.
      Making appointments is happening more and more online.
      Accessing information about the government is more and more online.

       

    150. Re:Oh goody by celle · · Score: 1

      Young fool. Remember AT&T when it was "the monopoly". The phones used the same technology for 70 years, still weighed tons, and cost plenty. I won't get into the crappy service and support. Phones didn't get efficient and current until they were broken up and some semblance of competition was restored.

    151. Re:Oh goody by Red+Flayer · · Score: 1

      As a "utility", internet service is pretty low on the ranking. Water is a biological necessity. Heat, during winter months, is a biological necessity. Phone is important for access to emergency services. Electric is generally required for delivery of water and/or heat in some fashion.

      Here's the thing, though... how many of those necessary utilities are dependent on the internet today?

      Do you think that there would be no problems in delivering water or electricity if the internet were shut off today? Customer service at utility companies is dependent on the internet, for one. Our banking system is dependent on the internet... if the banking system shuts down, so do the utilities.

      I know, I'm making a comparison between the individual's right to access the public internet with the existence of the entire internet. But if the ability of individuals to access the internet is suppressed, doesn't that theoretically impact the level of competition in the marketplace? Only established entities get to use it?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    152. Re:Oh goody by Bakkster · · Score: 1

      The incumbent charges too much nearly everywhere, using it to finance predatory pricing in the area of an upstart competition until they go out of business, then returns the pricing to its former level.

      Basically, any new ISP would need equally large war coffers (such as Google) to gain a foothold.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    153. Re:Oh goody by Anonymous Coward · · Score: 0

      What you call slavishly tending to their bottom line I call both a legal and moral responsibility to optimize the return on investment for corporate owners. There are of course non-profit corporations and government entities that espouse alternative goals. The point is that this system is neither a secret nor a surprise. You are welcome to promote other economic systems, I'm fond of Socialism myself. However those merely wanting the most services for the least costs are hardly on a higher moral position.

    154. Re:Oh goody by spazdor · · Score: 1

      Thank you for your substantive, thoughtful contribution to discourse. Shithead.

      --
      DRM: Terminator crops for your mind!
    155. Re:Oh goody by Americano · · Score: 1

      Unless you live in a home - as many do - where water is provided by your own well. In which case, no power = no pump.

      Electric (radiative) heat is also a very common heating method; gas, wood, oil, etc. are all alternatives, yes. But heat and water, biological necessity, are the reasons why the power company is not allowed to cut you off mid-winter. If you happen to live in one of the places where you will *die* without them, they're not allowed to kill you for non-payment of your bill. A reasonable regulation, I think

      The biological necessity argument cannot be made for the internet. It simply is not a biological necessity, and as such does not really qualify for the "it should never be cut off, ever, under any circumstances," argument that goes with that "necessity" argument.

      If internet service is to be a government-granted monopoly, then I'm all for the FCC having the ability to require neutrality provisions. But let's not blow it out of proportion as if losing access to the internet will literally kill you. It will inconvenience, set up unfair hurdles for some, and generally be a pain in the ass. But grandma isn't going to freeze to death in her bed because Comcast disables BitTorrent.

    156. Re:Oh goody by Shotgun · · Score: 1

      So pick your poison. In this case $$BIGGOV'T$$ is not trying to stick a big fat one up ours, yet. But $BIGCORP is.

      Sorry, you forgot a word. And remember, $$BIGGOV'T$$ is the one that is legally allowed to bring guns to the raping.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    157. Re:Oh goody by Biggseye · · Score: 1

      not unless your are connected to an ISP that is across a state line. What the common carrier does after the ISP puts it on the common hardware is controlled by the FCC, but from your location to the ISP, unless it crosses state lines, there is no interstate commerce as the ISP has no control over how the common carrier handles it. IF an only if you are in one state and your ISP is in another is in another is there interstate commerce. That is how it has always been and always should be.

    158. Re:Oh goody by NotBornYesterday · · Score: 1

      don't cross the state line except at the highest level

      So they do indeed cross state lines. And they carry traffic that crosses state lines. As a matter of fact, I'd bet that regardless of the extent of their local networks, most or nearly all traffic they carry crosses a state line at some point. And unlike some of the more specious claims of "regulating interstate commerce" that the Fed dreams up, many people actually are conducting interstate commerce over Comcast's tubes (Ebay, Amazon, online banking, etc.). On top of that, carrying internet traffic depends on peering relationships with other carriers, which is another commercial interstate relationship.

      Believe me, I hate when government overreaches its legitimate and limited powers, but I can't agree with you here..

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    159. Re:Oh goody by ppanon · · Score: 1

      Can't you people see that it's this unholy marriage between governmental regulation and big business that's resulted in the current broadband situation?

      You're right. Can't see it. Maybe it's because we've actually studied economics and history and know what's happened in the past that lead to the current system.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    160. Re:Oh goody by ClioCJS · · Score: 1

      You might want to look into the history of the telegraph and the telephone a bit more.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    161. Re:Oh goody by ClioCJS · · Score: 1

      In a free market, conservative regulation has made it so corporations pay $0 taxes, despite the fact that the concept was originally created to serve the public good, and they had to have their charters renewed every X years to continue to exist. You guys shot yourself in the foot. Personal responsibility: Unless you're a corporation that has the rights of a person. Then you pay $0 tax.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    162. Re:Oh goody by bonch · · Score: 2, Insightful

      What the hell? Handing control of the internet back to the government would be the end of the internet. This is a good thing. I'll never understand the argument that the government is somehow less biased and corrupt than corporations, and most importantly, ISPs are selling a service and can regulate it as much as they want. Don't like it? Don't use it. The internet isn't a right.

      Sysadmins have the right to regulate network traffic. Bribed, corrupt politicians shouldn't be involved. People who want "net neutrality" want the government watching and regulating internet traffic. Think how insane that scenario is.

    163. Re:Oh goody by commodore64_love · · Score: 1

      By that reasoning Baltimore Gas & Electric should not be regulated by Maryland, but instead by the U.S. Dept. of Energy or Commerce.

      Heck..... we might as well set charges to the State Government buildings, demolish them, and make room for new buildings. (And over in the European Union they can do the same to the UK Parliament, French Assembly, German Bundestag, et cetera.) Why have state level governments if you're simply going to hand ALL the power to the central Congress or Parliament via the commerce or general welfare clause?

      Please. I'd really like to know.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    164. Re:Oh goody by bmajik · · Score: 1

      You folks need to wake up and understand that corporations do not and never will have your best interest in mind

      The counter point is this: __you folks__ need to wake up and understand that _governments_ do not and never will have your best interest in mind.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    165. Re:Oh goody by ThEATrE · · Score: 1

      Not if $BIGCORP is one of the many "private security" firms that are popping up and expanding currently.

    166. Re:Oh goody by IgnoramusMaximus · · Score: 1

      Any monopoly that was created due to geographical or physical constraints is a "natural" monopoly. For example a city in a desert built around a single oasis (which has a single owner) makes that person a de-facto monopolist as far as the supply of water is concerned - all the alternatives are orders of magnitude more expensive (no water to be had even in deep wells and a pipeline requires up-front multi-billion dollar investment as do any humidity recovery systems). Similar scenarios involve toll roadways in places where geography prevents building alternate routes, for example a location surrounded by mountain ranges with the only passable valley leading outside being owned by the said monopolist.

      Note that to achieve a functional monopoly one does not have to prevent other means of achieving the same goal as the one being monopolized, only to create sufficiently expensive "barrier to entry" for all competitors. Thus while air travel is possible, even with the toll road priced at 100x the national average it still does not constitute "competition". Similarly with the water supply in the previous example.

      Other examples involve finite resources such as radio frequencies (even without government involvement some sort of monopolization of certain most useful bands would have occured - lest no one could use any radio technology at all due to cross-talk and interference) and even artificial resources such as Internet where naturally self-consolidation occurs due to inherently centralizing technologies such as DNS and would have resulted in monopolies controlling these areas irrespective if they are private or governmental.

    167. Re:Oh goody by e9th · · Score: 1

      I use Speakeasy at home because it Just Works. Never any port blocking, DNS games, traffic shaping. But not cheap, and since the Best Buy takeover, not quite so residential customer friendly.

    168. Re:Oh goody by VennData · · Score: 0

      Neither Will Karl Rove. Oh... better not write this kind of stuff, I'll get "bad Karma" on Slashdot for the those trolling GOPers.

    169. Re:Oh goody by bonch · · Score: 0

      If you don't like what $BIGCORP is doing, you're free to stop being a customer of $BIGCORP. $BIGCORP is allowed to do what it wants with the product or service it's putting out.

      You don't get a choice with $$BIGGOV'T$$

      The idea that the government should be allowed to dictate how a business regulates its service traffic is completely insane and naive. It would lead to an even more biased, controlled internet than today. Unless you think China runs a fantastic internet service.

    170. Re:Oh goody by dangitman · · Score: 1

      Rights are something you HAVE. That the government should not get in the way of. Healthcare and the internet are WANTS. We want them really bad. Both are very cool. Though really neither is a RIGHT.

      Why is this stuff being a "right" even a topic of debate? The government is allowed to provide more than just basic rights. In fact, it would be a pretty poor government that only provided for "rights" and nothing more.

      --
      ... and then they built the supercollider.
    171. Re:Oh goody by Naturalis+Philosopho · · Score: 2, Insightful

      OH no you didn't just pull out the "n" word on him... really, name calling? Your argument is the conservative equivalent of "well, YOU'RE a poopy-face!" I thought that the FCC ruling for net neutrality was good because it ensured a level playing field where real competition could take place; you know, one where companies could compete on the merits of their product and service and people could select the choice that fit them best. Now Comcast can give priority to their VOIP product while dropping Skype calls, and stream their video while blocking HULU, and all on a network that the gov't paid for with our taxes and no one can do anything about it.

    172. Re:Oh goody by JesseMcDonald · · Score: 1

      Unlike corporations, you have a direct say in how your government is run, including how much needs to be paid up, and what it is used for.

      If you own a single share of voting stock in any publicly-traded corporation then you have more say (one vote / outstanding shares) regarding their prices and internal operations than you have with the federal government (one vote / adult population of the US). Moreover, the officers of the corporation are legally bound to act in the shareholders' best interests--even the minority shareholders who would otherwise have little say. Politicians do not share any such obligation toward their constituents.

      As if that wasn't enough, corporations are much more tightly bound by their status as private organizations than the government is bound by the Constitution: the government can compel you to act by threat of force, albeit in supposedly limited ways, whereas interaction with a private organization is always voluntary.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    173. Re:Oh goody by Wyatt+Earp · · Score: 1

      OK. If the connections cross state lines and the data crosses state lines, how is it not an Interstate (Federal) issue?

      Explain that.

      Now you've been running all over this discussion saying its an Intrastate issue because Comcast has state subsidiaries or if the traffic is within the state its Intrastate, but you never ever explain how if the traffic crosses a state line why that isn't an FCC issue.

    174. Re:Oh goody by Dishevel · · Score: 1

      Actually while they did believe that people were endowed by certain rights and told the government to get out of the way of those rights. The constitution was very specific in what the Federal Government Needed to DO. Then it made sure to reserve EVERY OTHER POWER to states and the people. They were very clear about that. Until the government wanted power over some guys chicken feed.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    175. Re:Oh goody by Dishevel · · Score: 1

      You have a right to free speech. That dose not mean I have to give you a Sat Phone, Cell Phone, Telephone, Megaphone, Radio and Television Stations and A pipe to the internet so you can freely exercise it in any way you want. It just means the Government shouldn't be able to come in and shut your ass up because they do not like what you are saying.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    176. Re:Oh goody by anwaya · · Score: 1

      What do you not like about the idea of government for and by the people? Would you really prefer customers getting services from corporations that are bound to maximize shareholder value, with no checks and balances on their behavior?

    177. Re:Oh goody by GameMaster · · Score: 1

      When the communication industry started making use of highly limited public resources (bandwidth for wireless communications and public easements for wired communications) and started requiring monumental outlays of money to enter the market as a competitor. When those two thing happened, it broke what would, otherwise, have been a healthy open market and turned it into an, effective, cartel where the defacto inability of competitor to enter the market gave the companies involved the power to run rough-shod over the consumers. When did all this happen you might ask? From the very beginning. That's why the FCC was created in the first place and why it needs to keep existing.

      While the rest of the industrialized world has long since passed us in telecommunications build-out, our present industries have spent decades chocking progress to squeeze as much money out of their, effectively, captive audience while they are dragged kicking and screaming through the process of upgrading their networks and lowering their prices by major incidents like the AT&T/iPhone fiasco and by, up until now, the FCC. Since telecommunications, like roadways and railroad lines, are core infrastructure components in modern society, this serves to put the rest of the entire US economy at a disadvantage to all the other countrys that have their telecommunication acts together.

      --

      Rules of Conduct:
      #1 - The DM is always right.
      #2 - If the DM is wrong, see rule #1
    178. Re:Oh goody by Dishevel · · Score: 1

      It is a pretty poor "Federal Government" that dose much more than that. Please remember that the more a government gives you the more it controls you. This is not some crazy "tin foil hat" concept. It is just fact. I do not want federal government internet. I want my internet from a private company. I would also like my local government to quit giving out monopoly's on that shit so there will be REAL competition. Then if I do not like what I am getting in one place I con go to another.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    179. Re:Oh goody by Insightfill · · Score: 1

      That would be true but the 1996 Bill tied no strings to the dollars. For example Congress typically says, "Raise your drinking age to 21, else your federal highway funds will be reduced by 5%."

      The 1996 Act mandated that the local carriers allowed smaller competitors on their wires, but didn't really allow much enforcement of how much the wire-owners charged. I believe that the net-effect was that SBC, for example, was charging smaller DSL companies ~$15/month for wire access, but charging itself ~$8. Also: the wire-owners were notorious for slow response and compliance from requests from the smaller providers. If you were a customer of a small, local shop and had a DSL problem, both you and your provider were at the mercy of the local Bell.

      The "carrot" that the RBOCs were promised was unfettered access to the long-distance market. However, when the bottom dropped out of that market, they lost incentive.

    180. Re:Oh goody by kingjoebob · · Score: 2

      Amen. The US tax payer paid for and built the infrastructure, the corps should have to abide by their rules if they don't want to then let them build their own infrastructure.

    181. Re:Oh goody by brkello · · Score: 1

      Yes, we can have a genuine free market like Haiti. So people can build houses and buildings that will be death traps in earthquakes since it so much cheaper despite being in a major earthquake zone. Really brilliant.

      All you morons scream about a true free market. Then when the companies start killing you and your family you scream at the government asking why it isn't doing anything about it.

      --
      Support a great indie game: http://www.abaddon360.com
    182. Re:Oh goody by dada21 · · Score: 1

      Wait, wait, let me get this straight: you're complaining that the big ISPs got billions of dollars because of previous government intervention, so the solution to that is MORE government intervention?

      State-enforced "net neutrality" will NOT harm the big ISPs, even though Comcast is one of them. What it would mean is that new bureaucratic rules and regulations would restrict new entrants into the market. No one can understand government rules in any industry, except for the big players who have the money and lobbying power to reach up to the requirements.

      Net neutrality can be enforced through more competition, which can only come through LESS regulations, not more.

    183. Re:Oh goody by dangitman · · Score: 1

      Please remember that the more a government gives you the more it controls you. This is not some crazy "tin foil hat" concept. It is just fact.

      Actually, it's not a fact. In reality, the governments that give the least tend to control citizens the most. Just look at the less developed countries, where there are often death squads murdering citizens, while providing nothing of value. Or the countries providing many services to their citizens, while the citizens are still firmly in control.

      . I do not want federal government internet. I want my internet from a private company.

      When did I say anything about the federal government providing internet?

      --
      ... and then they built the supercollider.
    184. Re:Oh goody by scot4875 · · Score: 1

      Nice rant, but I was really looking forward to seeing your list of recent successful ISP startups.

      --Jeremy

      --
      Jesus was a liberal
    185. Re:Oh goody by ppanon · · Score: 1

      The primary purpose of public corporations is to separate customers from their money and give it to their shareholders. If the customers are lucky then they will get a fair trade for their money. Fundamentally, the goals of corporations and customers are opposed. However unlike small proprietorships which often depend on the goodwill of customers, large corporations have a number of tools available to them that limit their dependence on customer goodwill. The size difference between large corporations and customers means that the negotiating power in a typical trade transaction is much more imbalanced than between individuals and small proprietorships. Economies of scale often give large corporations better margins and more price flexibility, allowing them to squeeze out smaller players that may offer better service because the majority of the population has insufficient information to judge an offering on expected service quality, whereas the price is more clearly defined.

      In theory at least, government is beholden to the voters and its goals should frequently align with those of the populace. In practice, the cost of campaigning in the US, the poor quality of modern news reporting in conveying relevant information and analysis, and the willingness of the populace to be manipulated means that the government can be manipulated by corporations for their benefit. However when conservatives say government can't be trusted, what they really mean is that you can't trust the people to see through the bullshit and use their voting power appropriately to control government the way conservatives want it controlled. If you think about it, that is at least as elitist as anything that "elitist liberals" have ever done. Note that I make no claims about whether the "elitism", either conservative or liberal, is warranted.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    186. Re:Oh goody by nedlohs · · Score: 1

      Why would it?

      That would give the FCC whatever authority was assigned to it in the agreement the big ISPs signed. If Congress wants to give away wads of cash with nothing more than a "please use it for X, but no strings" that's not the ISPs problem.

      Of course the government can just pass a law granting whatever authority they want to the FCC - it'll squeeze into the commerce clause just fine.

    187. Re:Oh goody by Anonymous Coward · · Score: 0

      Google could very well be the first of these ISP, am I not correct? Their business was started in, and exists entirely in, the internet. They have no existing ties to the non-internet way of doing things, such as television cable and phone lines.

    188. Re:Oh goody by brkello · · Score: 1

      If that were true, everything would be ripped up constantly as new people are running new wires to every place since they all want to cover as much as possible. Each company would be spending millions if not billions and the cost would be a hell of a lot higher than it is right now. There would be billions wasted in redundant infrastructure and then what happens when the cable runs are out of space?

      Your problem is you start with your ideological conclusion "Government regulation is bad" and then apply that to everything. The world isn't so black and white. Some government regulation is good for society (some is bad as well) but there is a balance. You are completely blinded by your ideology and that is why you are wrong.

      --
      Support a great indie game: http://www.abaddon360.com
    189. Re:Oh goody by scot4875 · · Score: 1

      Hmm, and how might we go about limiting the rights and increasing the obligations of corporations? There was this model I heard about somewhere -- some document that basically said, "all people are born with all rights, and we will set up this entity to restrict certain rights, so that we can make sure that some people don't abuse the rights of others."

      Maybe we could use that as a starting point.

      --Jeremy

      --
      Jesus was a liberal
    190. Re:Oh goody by Shotgun · · Score: 1

      Hmmm? I have a coax cable, managed by Time-Warner, coming to my house that delivers bits. I have a twisted pair coming to my house, managed by BellSouth, that serves bits and an analog signal. I have a power cable coming to my house, managed by Duke Power, that serves bits, and a power signal.

      What is that you say about multiple wires being to expensive?

      My take: All of these wires should be a public right of way, just like the road system. Anything that requires eminent domain powers should remain in the hands of the government. This would also do away with cities condemning personal property to only hand it over to commercial property developers. The local governments should own and maintain the wire "roadways", while companies like Comcast and Time-Warner provide provide services.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    191. Re:Oh goody by charliemopps11 · · Score: 1

      Most ISPs are monopolys in their local exchanges, and where they are not there are usually less than 2 or 3 choices. So no, that won't work. Also, ALL ISPs want to get rid of the customers that torrent. Period. They want little old ladies to buy 10MB service and use it to check their email once a week. Everyone else is not profitable and they want nothing to do with them. So even if their is competition, the carrier would be happy to lose the customers that are eating up the most bandwidth. That wouldn't be a loss to them at all. And Techniques? There will be no such thing. If you are connecting to anything other than the customers that have paid for higher bandwidth, you get throtled. Our only hope is googles fiber and wireless networks, sadly. And I don't hold out much hope.

    192. Re:Oh goody by Anonymous Coward · · Score: 0

      I want to live in a first world nation, where I have cheep, reliable access to these services.

      Me too; that's why I'm planning to move out of the USA. The USA is never going to have cheap, reliable public services, and is rapidly turning into a third-world nation on par with Mexico.

    193. Re:Oh goody by Shakrai · · Score: 1

      All you morons scream about a true free market. Then when the companies start killing you and your family you scream at the government asking why it isn't doing anything about it.

      The only moron here is the one who made a bullshit comparison between building codes and internet service. The last time I checked a bad ISP can't kill you. I suppose it's possible for the WoW addicts out there but I've yet to see a documented case ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    194. Re:Oh goody by Anonymous Coward · · Score: 0

      You're wrong. Speakeasy does exactly this and they've flourished just fine.

    195. Re:Oh goody by brkello · · Score: 1

      Yeah, and power and water are cheap. So what's your point again?

      If it is unreasonable, you elect someone that will fix it.

      --
      Support a great indie game: http://www.abaddon360.com
    196. Re:Oh goody by donaggie03 · · Score: 1

      I don't know where you live where you have your own electric water pump, but everywhere in the U.S. that I've been to, the water will flow just fine if the electricity is cut off. But let us pretend for a moment that you do live somewhere that requires electricity in order to have water. What about the large majority of us that don't? Is electricity a necessity now? Are you possibly just trying to find some way to make your argument work AND be able to have electricity?

      The problem here is that you are trying to change the argument. GP said these services were a necessity. YOU are the only one claiming that a biological necessity is the only type of necessity that should be protected.

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
    197. Re:Oh goody by shutdown+-p+now · · Score: 1

      If you own a single share of voting stock in any publicly-traded corporation then you have more say (one vote / outstanding shares) regarding their prices and internal operations than you have with the federal government (one vote / adult population of the US). Moreover, the officers of the corporation are legally bound to act in the shareholders' best interests--even the minority shareholders who would otherwise have little say. Politicians do not share any such obligation toward their constituents.

      Last I checked, it was still one man - one vote with U.S. electoral system. With a company, those who purchase more shares have more direct say, and, given the existing level of wealth disparity, a few rich shareholders effectively drown out everyone else in any corp I'm aware of.

      As if that wasn't enough, corporations are much more tightly bound by their status as private organizations than the government is bound by the Constitution: the government can compel you to act by threat of force, albeit in supposedly limited ways, whereas interaction with a private organization is always voluntary.

      A threat of inaction (e.g. refusing to provide a service) is quite often just as potent as a threat of action. If you don't have anywhere else to go for said service - and monopolies and barriers to entry can easily lead to such a situation - you're screwed just as much in practice.

    198. Re:Oh goody by Anonymous Coward · · Score: 0

      Bear in mind two things:

      This is huge offset to net neutrality. If not necessarily the natural economic impact, then the feeling. This is the U.S. Court saying that net neutrality is not something that they have any intention of supporting. They are also handing IPS's the right to limit what we can use their services for.

      ISP's have set up a pretty decent oligopoly...for themselves. Startup costs for a new company are nearly prohibitive to begin with, but then add that they're entering a market with only a few big names. Not only that, but there are some areas where there's a mandated monopoly on telecommunications because it's economically beneficial for that community.

    199. Re:Oh goody by Red+Flayer · · Score: 1
      I specifically mentioned freedom of the press, not freedom of speech. I did that for a reason.

      That dose not mean I have to give you a Sat Phone, Cell Phone, Telephone, Megaphone, Radio and Television Stations and A pipe to the internet so you can freely exercise it in any way you want. It just means the Government shouldn't be able to come in and shut your ass up because they do not like what you are saying.

      Where did I ever claim anything like that? Nice straw man.

      The problem is when even when you want to pay for all that, a government-supported entity is able to "come in and shut your ass up". This is the problem I have with not requiring net neutrality. It's too easy for a large, monolithic, government-supported entity to shut my ass up, to shut your ass up, and to shut the asses of anyone they damn well please up. A little quid pro quo goes a long way... individual legislators do favors for the telcos, and that's a two-way street.

      I'd like net neutrality to be enshrined in law in order to preserve freedom of the press.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    200. Re:Oh goody by plague3106 · · Score: 1

      Because if EVERY FUCKING ISP that wanted to open had to string its own wires, we'd still have LOTS OF FUCKING WIRES.

      Goddamn you are stupid.

    201. Re:Oh goody by Anonymous Coward · · Score: 0

      Thats because they were republican congress back in 1996

    202. Re:Oh goody by nedlohs · · Score: 1

      You are free to renounce your citizenship and move out of the jurisdiction of the government (assuming that government is more like the US one than the North Korean one).

      You could move to Canada for the DSL option equivalent, stay in the US for the cable option, or move to Somalia (a region out of government control) for the no internet option.

    203. Re:Oh goody by Anonymous Coward · · Score: 0

      Unless you're completely ignoring the Constitution, only "The States" can do things not outlined in the constitution. Therefore, the "government" (at least the federal government) is NOT allowed to provide more than just basic rights.

    204. Re:Oh goody by lwsimon · · Score: 1

      My argument is that alternative ISPs would be profitable if they could offer a service that the monolith was not - e.g., unfiltered content.

      I've never once thought that companies have my best interest in mind - that's rather dumb, actually. Companies have the interest of their shareholders in mind. You, however, seem to be operating under the delusion that the government has your best interest in mind.

      Government regulation seems like a short-term fix -- but once you give government the power to wield over a medium like that, it is very very difficult to stop it or limit it. Add in the fact that corporation, by their very nature, have a very large say in public policy, and you are advocating giving business a more powerful tool to do what it should already be doing on it's own.

      But go ahead and write me off because I'm a "tinfoil-hat Fox News watcher". Never mind the fact that my positions are actually thought-out and reasoned, and are supported by history. Or that I tend to read/watch Al-Jazeera, the BBC, applicable blogs as much as I do Fox.

      Next, you'll tell me that tea parties are "angry white men", right?

      --
      Learn about Photography Basics.
    205. Re:Oh goody by randallman · · Score: 1

      See Speakeasy

    206. Re:Oh goody by Americano · · Score: 1

      I have a well, which requires a submersible electric pump for the water to flow. When the electricity goes out, the water does not flow. This is not uncommon, though I can certainly understand that people with municipal water supplies may think that water flows into their house or apartment building through some magical process completely unrelated to power.

      I will readily admit that losing electricity would not be a death sentence for me - mostly because I have a generator which will power my electric pump and some other crucial appliances in an emergency, and I also have a wood stove which I could easily use for heating the house. But there are a sizable number of people for whom electric pumps & even electric heat (remember, even forced hot water *can be* provided by an electric heater), cutting off someone's electricity in the middle of the winter could very well be a life-or-death situation.

      And no, I am not trying to change the argument. The GP cited water, power, phone, and heat as services that can't be cut off (at least under some circumstances) due to regulations imposed by the government, and then argued that the internet, like those services, was "a necessity," and should be afforded the same regulatory oversight. I am simply pointing out that it is NOT a "necessity" in the sense the GP implied, which is a direct refutation of his point.

    207. Re:Oh goody by lwsimon · · Score: 1

      You seem to have a general hatred for Capitalism. That's fine, but please don't generalize quite so much. I don't recall ever "running to the government" for anything.

      --
      Learn about Photography Basics.
    208. Re:Oh goody by nedlohs · · Score: 1

      I take it you haven't been paying attention.

      Here's the short version: The Federal Government can do whatever the hell it wants because neither the States nor the Supreme Court give a shit.

      If you can buy internet access across state lines, via say satellite then teh Federal Government can regulate whatever they like about your local internet access because it influences the interstate market. Since 1942 anyway.

    209. Re:Oh goody by lwsimon · · Score: 1

      It isn't enough of an issue that it is profitable for them to become mainstream, but they do exist.

      --
      Learn about Photography Basics.
    210. Re:Oh goody by TheWizardTim · · Score: 1

      Where is all the cable located? I bet that almost all of it is located under (in?) public roads or land. How much did the cable company pay us to put that cable in the ground? How much per month are they paying in rent? I can bet that they got to put it in the ground for free, because it served the public good. I even bet that a lot of the costs were paid for by tax payers. If they want to pay monthly rent, by the yard for all the cable in the ground on public land and roads, they can do whatever they want. As long as we the people help pay for the infrastructure (even if it use of our roads to lay cable) we should have some control over it.

    211. Re:Oh goody by witherstaff · · Score: 2, Insightful

      What's 300 billion between friends^H^H^Hpaid off congresspeople?

    212. Re:Oh goody by lwsimon · · Score: 1

      Sure I do. Route around damage - there is always a way to do so, given incentive (profit potential) and capital.

      --
      Learn about Photography Basics.
    213. Re:Oh goody by Anonymous Coward · · Score: 0

      sure, monopolies are more "efficient." same could be said of anything that is sold. One kind, one company, one die-set, one engine type. Its ridiculous to think that the people who run government are any more benevolent than the people who run corporations. People are people whether in the private or public sector. Creative destruction as natural monopolies give way to innovation is what drives revolutions in technology and advancement of the human race.

      If belief in the freedom of markets makes one an ideologue, what does the belief that people in government are any different than people in the public sector?

    214. Re:Oh goody by lwsimon · · Score: 1

      If the monopoly company institutes a "higher teir" that satisfies the market, for less than what a competitor can provide the service, how is that a loss?

      Is your desired result "unfiltered traffic", or is it "break up the evil monopoly"?

      There is no such thing as a coercive monopoly, absent government.

      --
      Learn about Photography Basics.
    215. Re:Oh goody by witherstaff · · Score: 1

      Also when Powell's kid got in charge of the FCC they turned around and basically got rid of all the good points of the '96 act.

    216. Re:Oh goody by lwsimon · · Score: 1

      Oh, wireless tech will continue to improve, and I look to it to be the next great leap in bandwidth, as it will spur competition from traditional ISPs.

      --
      Learn about Photography Basics.
    217. Re:Oh goody by hoppo · · Score: 1

      We do have SOME control over it. As we should. That doesn't mean we should be able to dictate business conditions in their entirety.

      In the case of net neutrality, we're talking about demanding regulation to address a problem that does not yet exist. The only thing you invite in such a strategy is a host of unintended consequences. It's much more efficient to wait for Comcast or some other provider to try to pull some sneaky BS, and then pull the plug on it.

    218. Re:Oh goody by Nick_13ro · · Score: 1, Insightful

      If another start-up came along and ran another set of cables to every house, they would go bankrupt. In this case of natural monopoly, having more than one set of wires running to each home is simply less efficient than having only one. Everyone loses if companies run more than one set of wires, as everything gets more expensive. It's a simple fact: a natural monopoly means that a monopoly is more efficient. So, we can either encourage a fake competition (which means everyone loses) or we regulate a single entity. Or, we wait the decades or more for technology to change the market, but an unregulated natural monopoly is going to do everything in its power to kill any technological change that threatens it. Regulation really is the best option. Only closed minded free market ideologues think the free market is always the best option. Reasonable people know that it fails sometimes, and then government must step in. As with most things in life, the middle ground is often the best.

      Really ? New competitors would go bankrupt or lead to higher costs ? So the cutthroat competition here (Romania) between a few big ISPs and thousands of small ones that led to some of the lowest prices and fastest internet speeds in the world must be some delusion I suffer from. The 4 ISPs that I previously believed available to me personally must be part of a related delusion.

    219. Re:Oh goody by gtbritishskull · · Score: 1

      Seriously? Do you eat it, or breathe it, or take shelter in it when the weather gets bad?

      No, I do none of those. But, 90% of my communication for my job, and about half of my personal communication is through the internet. I pay my bills online. I (when I didn't have a job) applied for jobs online. When I was in school, I submitted my assignments online. Right now, you are at a severe disadvantage for doing just about anything related to day-to-day living if you do not have an internet connection.

    220. Re:Oh goody by Anonymous Coward · · Score: 0

      What do you not like about the idea of government for and by the people?

      The fact that the people are a bunch of god-damned idiots?

    221. Re:Oh goody by Grishnakh · · Score: 1

      There are also people who believe that large private entities with drastically reduced legal liabilities should not have the same rights or to the same degree as living citizens.

      Those people definitely aren't Republicans.

      They're probably not Democrats either.

    222. Re:Oh goody by lwsimon · · Score: 1

      If the area in front of your beachfront condo is owned by Shell, too damned bad. It's not your land - just because you were enjoying it doesn't give you claim over it.

      You can influence the large powerful corporation by not buying their product - or by purchasing their common stock, if they are publicly traded (like Shell).

      --
      Learn about Photography Basics.
    223. Re:Oh goody by The+End+Of+Days · · Score: 1

      I'm no conservative. I am also not terribly interested in a powerful central government. I am definitely not interested in a nanny, because I am a grown man and do not want someone "taking care of me."

      I would like to note that the network was partially paid with tax credits and various other incentives, but that is hardly the same thing as saying the government built it for private companies to exploit. That particular truth never goes down well here. I really enjoy the argument that tax credits are equivalent to getting tax money, though. It's cute.

    224. Re:Oh goody by gtbritishskull · · Score: 1

      Not paying my power/gas bill can result in me freezing to death.

      What percentage of your activities that are necessary for you to be a functioning member of society do you now perform online? Do you pay your bills online? Do you manage your money online? Do you communicate with people online (for example the people you pay your bills to)? Do you get information for performing your offline duties from the internet (how to get places, proceedures you need to follow, ect)? Do you file your taxes online?

      Have you tried to apply for a job recently? I went to a job fair with about 30 resumes to give to companies. I ended up giving out 2. The rest, when I tried to give them a resume, told me to instead submit my resume and application online.

      So, no. If I don't have internet I won't freeze to death. But I will be at a severe disadvantage to just about everyone else if I cannot use the internet. And, in this economy, a severe disadvantage means no job.

      And, if I don't have a job, I might freeze to death.

    225. Re:Oh goody by The+End+Of+Days · · Score: 1

      If you want to live out in the middle of nowhere, one of the tradeoffs is that you have less in the way of conveniences. There is no right to city living in the country.

      Incidentally, everything in your list is, right now, provided privately in the US in various locales.

    226. Re:Oh goody by Golias · · Score: 1

      The second we take away the roads, power, water, garbage collection, phone, net access, schools, other fundamental services of a first world nation, we become a third world nation. You can say "free market" all you want, but history shows that companies will not deliver these fundamental services if they don't forced to do so. If you lived in small town America, away from high density populations, you did not get power for years after the rest of the country. The same goes for phones.

      I want to live in a first world nation, where I have cheep, reliable access to these services.

      In my town, power, garbage collection, phone, and net access is all provided by private enterprise responding to market demand. Even in the case of schools, where government provides it, private enterprise generally does a better job with a higher rate of consumer satisfaction. The only reason government is the sole water-line and sewage provider is because their own regulations protect their monopoly on it.

      If your town can't have any of those things without government giving them to you, then maybe you should move to a "First World" city.

      --

      Information wants to be anthropomorphized.

    227. Re:Oh goody by Americano · · Score: 1

      A better question would be "what percentage of your activities MUST be performed online," and the answer to that is zero.

      I pay bills online. I bank online. I send emails online. And for every single one of the systems I use online, there were (and are) systems in place for people to use if they don't have an internet connection. The internet is a convenience - it is not a critical need for basic survival.

      Could I find a job without an internet connection? Certainly. Recruiters are more than happy to take my resume and shop it around. Could I pay my bills without an internet connection? Certainly. Service providers are more than happy to accept a check in the mail, perform a debit over the phone, direct-debit my account, or even accept cash at some walk-in offices for some providers. Could I bank without an internet connection? Certainly. My bank has walk-in branches where I could accomplish all my banking needs. Does the internet make all these things easier? Certainly. Will I die if I'm inconvenienced? No.

      Enough with the wild hyperbole. As I've already acknowledged, there are compelling reasons for the FCC to prevent ISPs from filtering and shaping and restricting internet traffic. None of these require defining "internet access" as a utility which is necessary for biological survival, and attempting to define it as such makes you look like a bunch of fringe lunatics who are really just pissed that Comcast is stopping you from stealing movies and music online.

    228. Re:Oh goody by Red+Flayer · · Score: 1
      Hey, welcome back dada21. Haven't seen you in a while.

      Net neutrality can be enforced through more competition, which can only come through LESS regulations, not more.

      You assume that regulation can never serve to increase competition, which is false.

      As someone who agrees with the economic foundations of needing a free market (free-as-in-economically-free, not free-as-in-unregulated), I feel that it is important to regulate industries in order to promote a free market.

      Please do not conflate the ideal free market of economics with the concept of an unregulated free market. Economic results that are to be expected from the first do not necessarily follow from the latter.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    229. Re:Oh goody by NeutronCowboy · · Score: 1

      Oh goody indeed. I'm a Speakeasy customer. Have been for years. Why? Absolutely outstanding service and a product that generally matches my requirements. Notably, they were the first ones in my area to offer naked DSL. So why am I considering moving away from them and signing up with ATT or Comcast? Because ATT, which owns the lines that Speakeasy is leasing, is doing an absolutely shit-ass job of providing quality lines to Speakeasy. I can't get better than 768 kbit/sec download because my line is so noisy that they have to throttle the bandwidth to half what they promised. Since Speakeasy doesn't own the line, there is fuck-all they can do about it. And calling ATT just leads to me being told "You're not a customer with us."

      So Speakeasy is actually a prime example of exactly the opposite of what you're claiming: namely, that the Telecom environment is nearly competition-free.

      As for your sig - be careful what you wish for. Otherwise, you'd be sitting at -1 already.

      --
      Those who can, do. Those who can't, sue.
    230. Re:Oh goody by Stephenmg · · Score: 1

      A big reason there's no free market with ISPs is because of government regulation. If I wanted to start my own ISP and had the money to do it, I would have to go through the trouble of getting franchise agreements with every town I want to customers in.

    231. Re:Oh goody by The+End+Of+Days · · Score: 1

      It's not too likely things would have advanced anyway. The computerization of everything wasn't going to happen during that time frame regardless of AT&T's role. The manufacturing efficiencies didn't really come into play until the 90s. The only thing that advanced for phones before that was stylistic touches, which, while nice, are hardly advances in the true sense.

    232. Re:Oh goody by griffjon · · Score: 1

      (2) : Yes, because broadband competition has been so successful so far. I can now choose between Comcast Cablemodems and Verizon DSL!

      --
      Returned Peace Corps IT Volunteer
    233. Re:Oh goody by The+End+Of+Days · · Score: 1

      I don't see these price fluctuations at all. It may be that I'm smart enough to negotiate instead of just accepting the advertised price.

      There is always a better deal waiting for you if you're willing to walk away. Fools forget that, then bitch that they pay too much.

    234. Re:Oh goody by JesseMcDonald · · Score: 1

      Last I checked, it was still one man - one vote with U.S. electoral system. With a company, those who purchase more shares have more direct say...

      Sure, in theory. And yet in practice the best-funded political candidates almost always win, and "vote buying" schemes are commonplace. Anyway, your vote is worth the same regardless of who controls the rest. If you're in the minority it hardly matters whether the opposing votes are held by a single, monolithic entity or a mass of individuals. At least with a corporation minorities are protected both through the principal/agent relationship (the board works for all shareholders, not just the majority) and the fact that continued association is voluntary.

      A threat of inaction ... is quite often just as potent as a threat of action.

      It can be. So? It is the means that I care about, not the outcome. No matter how constrained one's option may appear, there is still a difference between freely choosing to trade for a service because one believes the trade to be in one's best interests, vs. being compelled to purchase goods or services (if one is lucky) under threat of force.

      Anyway, who do you think created the monopolies and barriers to entry in the first place? Widespread monopolies don't tend to occur on their own, you know, and one of the biggest barriers to entry is regulation--particularly the phenomenon known as regulatory capture.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    235. Re:Oh goody by commodore64_love · · Score: 1

      >>>Nothing motivates an executive more than the risk of being thrown in a cell with the biggest dick around.

      Heh. Well rather than do that, I'd prefer to pass a law that all Phone companies must provide DSL (or FiOS) within 6 months of a customer requesting it. That would represent broadband access to 99.9% of the nation's population (109.9 million households). If the companies balk about installation costs, I'd point to the 1996 Act and say, "Use those billions we gave you, and stop whining."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    236. Re:Oh goody by gunne · · Score: 1

      Heard of BitTorrent?

    237. Re:Oh goody by s73v3r · · Score: 1

      Most franchise agreements were invalidated in 92. There still is a pretty large lack of competition. Seems that regulations aren't the only thing keeping competition back.

    238. Re:Oh goody by Anonymous Coward · · Score: 0

      And what do you not like about Capitalism? Your way has been tried over and over and has been found lacking. What do you not like about FREEDOM?

    239. Re:Oh goody by gtbritishskull · · Score: 1

      Do you know the difference between necessity and convenience? Is education a necessity or convenience? What about telephone?

      You seem to define necessity as the absolute basics for a human to survive. But, then I would say the only necessity is running water. I can get a wood stove. Central heat is a "convenience". I can get kerosene lamps. Electricity is a "convenience".

      I define a necessity in this case (how the government should define necessity in my opinion) as anything that is necessary for a stable society. In the United States, that is defined as giving everyone a fair opportunity to be successful. Hence, I would say internet is a basic American "necessity". Without gas, water, electricity, internet, and education (though internet could make a public formal education system unnecessary), a person is extremely unlikely to be successful in our society.

      I don't say this because I want the government to provide me with internet. I already have all the necessities that I defined. I am fine with paying for them. But, I think everyone needs to have access to those necessities.

      I am sure you will tell me where you disagree (probably by saying "but I don't want to pay for anything for anyone but myself").

    240. Re:Oh goody by icebraining · · Score: 1

      Here, free ponies.

    241. Re:Oh goody by shutdown+-p+now · · Score: 1

      Anyway, who do you think created the monopolies and barriers to entry in the first place? Widespread monopolies don't tend to occur on their own, you know

      Actually, they do. In fact, monopolies inevitably appear in a laissez-faire market with time, since they are most efficient forms of organization in terms of providing maximum benefit for everyone participating in them. Simply put, it's more profitable to form a cartel, if you have such an opportunity, rather than to compete.

      It's precisely why anti-monopoly legislation was introduced in late nineteenth and early twentieth century in practically all Western countries - because existing practice at the same time showed both inevitability of the appearance of monopolies, and inevitability of market abuse by those monopolies once they appear.

    242. Re:Oh goody by Anonymous Coward · · Score: 0

      You have failed to identify why a thin cable - whether 500 or 5000 ft long - through a cheap conduit represents a "natural monopoly". In most cases, it is unnatural with exclusive deals that should be struck down as a violation of ingress/egress and utility easements. Erecting barriers does not justify decrying the free market. In that context, it does not exist. You expose yourself as a socialistic partisan when you criticize the concept of free markets in a context in which there is clearly none.

    243. Re:Oh goody by Bakkster · · Score: 1

      I don't see these price fluctuations at all. It may be that I'm smart enough to negotiate instead of just accepting the advertised price.

      But unless you have a brand new ISP trying to break into the market on new infrastructure (I doubt it, though I'd like to hear if it's true) this type of thing won't happen. We're not talking about Verizon vs. Comcast, we're talking Comcast vs. NewCo (some theoretical startup).

      There is always a better deal waiting for you if you're willing to walk away. Fools forget that, then bitch that they pay too much.

      And this again underscores the big problem when it comes to broadband in the US. There isn't always somewhere to walk away to, because of the local monopolies. In the US we're lucky to have 3 choices for ISP (a DSL, Cable, and maybe Fiber), and each are a large company providing different levels of service. The ISPs know that it's unlikely people will leave in large numbers, because there is no better deal for similar service available to them.

      In Europe and elsewhere it's common to have 5 ISPs sharing the infrastructure, meaning that it's possible to get up and walk away and have actual competition amongst the companies instead of the token competition we have now. That's why the UK pays roughly 50% the US average per MBps source.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    244. Re:Oh goody by s73v3r · · Score: 1

      Would you put up with your phone company deciding they were going to degrade your call quality if you decided to call someone outside their network? No? So why should an ISP be able to degrade your connection if you look at a site outside their network?

    245. Re:Oh goody by JesseMcDonald · · Score: 1

      You are free to renounce your citizenship and move out of the jurisdiction of the government...

      Great idea. Where do you propose one should move to? If you move to an area which has a government then you're back where you started; if you move to one of the few unclaimed (or more accurately, disputed) regions, you'll still have to contend with multiple surrounding governments which will not respect your claims to sovereign ownership. Simply put, there nowhere you can go to get away from government. It can only be resisted from the inside.

      This completely overlooks the fact that renouncing citizenship goes far beyond breaking ties with the government; disassociation should not require one to forfeit one's property, or job, or freedom to visit family and friends. If it were a simple matter of giving up any claim to public services, in exchange for no more taxes or regulations (or interference in free trade, of course), then my response would be "where do I sign?". You could almost consider that voluntary. Sadly, that isn't the case.

      P.S. Somalia is not "out of government control". First, several major nations, including the US, routinely intervene within its borders, contributing to the instability of the region. Second, even without that intervention it still has government, distributed amongst numerous tribal elders. Lack of a strong central government is not the same as lack of government itself.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    246. Re:Oh goody by portnux · · Score: 1

      This is EXCELLENT news! As soon as Comcast and the rest of the cheesey internet providers completely destroy the net as we all know and love it GOOGLE can step in with their own alternative internet, net neutral and faster than, well, really really fast! All Hail Google!

    247. Re:Oh goody by gtbritishskull · · Score: 1

      Certainly, you can get by without the internet. You can also get by without electricity, gas, and telephone. A significant percentage of the world population also gets by without running (or clean) water, though I won't argue that is not a "necessity" as you define it. But, gas? You can get a wood burning stove (for heat and cooking). Electricity? I am not sure where you would argue that it is necessary for biological survival (AC, light, electric hairdryer) but I am sure I can find an argument against it. Telephone? Get a bike.

      But, for some reason, these are all designated as necessary utilities (I don't know why you mentioned biological survival. Are they defined that way somewhere? Cite?). Do you disagree with this? If not, tell me why you draw the line where you do (ie, why would your argument be so different from mine).

      I am not sure that it is actually necessary to define the internet as a necessary utility right now, but I am positive it will be necessary in the future. Who should decide when the time is right?

    248. Re:Oh goody by s73v3r · · Score: 1

      We've seen that ISPs are willing to violate neutrality principles if it is in their interest (See the Comcast bittorrent fiasco, where this whole thing started). Why should we wait until its too late, and most ISPs are non-Neutral before telling them they have to be neutral? Once opened, that door is a very difficult one to close. I would much prefer not opening it at all.

    249. Re:Oh goody by lwsimon · · Score: 1

      And by curtailing market forces that would differentiate challengers to the market leader, you are ensuring that doesn't change.

      --
      Learn about Photography Basics.
    250. Re:Oh goody by lwsimon · · Score: 1

      No, the courts stated they did not have jurisdiction over ISP, not that they wouldn't support it. Strictly speaking, the Judicial branch doesn't support or oppose anything - they rule based on Constitutionality and judicial precedent.

      --
      Learn about Photography Basics.
    251. Re:Oh goody by s73v3r · · Score: 1

      Add Cable to that list too. In many places, cable internet is superior to DSL.

    252. Re:Oh goody by Lunix+Nutcase · · Score: 1

      Speakeasy is an 11 year old company. What was being claimed was that some new companies were going to come along. This hasn't happened.

    253. Re:Oh goody by hansamurai · · Score: 1

      But there were still schools and kids were being educated, doesn't mean we suddenly needed a Department of Education to broadly tell thousands of local school districts how to do their job.

    254. Re:Oh goody by erroneus · · Score: 1

      Access to the internet should be considered a "utility" just like the phone service. As utility providers are generally not allowed to change the quality of my services based on how I use it, an ISP should not be allowed to mess with the quality of service based on how I use it.

      I really think the situation should be viewed in this simple context. To do business or even to get a job, internet access is quite necessary. Doing a great many things either requires or is better enabled through the use of the internet. And more importantly, people who are disabled are better enabled by the use of the internet. So for all of these reasons, internet service needs to be regarded as a utility and regulated as a utility. It's not new and novel any longer.

    255. Re:Oh goody by Anonymous Coward · · Score: 0

      true, but thats not a natural monopoly. the term natural monopoly is often confused because it has nothing to do with a 'monopoly' in the more traditional sense of the word; its a concept entirely separate on its own.

    256. Re:Oh goody by Attila+Dimedici · · Score: 1

      You have failed to identify a specific industry that is a "natural monopoly". All you have done is identified what the theory of "natural monopoly". Please identify a real world example of a "natural monopoly that exists because of "natural monopoly" conditions, not because of government regulation. I am unaware of any.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    257. Re:Oh goody by lwsimon · · Score: 1

      "Where laws are tolerable, I tolerate them. Where they are intolerable, I break them. I am free because I alone am responsible for my actions and their consequences"

      --
      Learn about Photography Basics.
    258. Re:Oh goody by Anonymous Coward · · Score: 0

      "This has been claimed for years and yet this hasn't actually happened"

      It hasn't happened yet because there isn't enough shaping to create enough of a need.

    259. Re:Oh goody by s73v3r · · Score: 1

      How would a ruling stating, "Thou Shalt Not Fuck With The Bits" provide a barrier to competition?

    260. Re:Oh goody by Anonymous Coward · · Score: 0

      Today, April 6th 2009, we can live without the internet.

      Maybe we could have a year ago, but this is 2010 man...

    261. Re:Oh goody by s73v3r · · Score: 1

      And those franchise agreements were invalidated in 92. There still hasn't been much in the way of ISP competition.

    262. Re:Oh goody by s73v3r · · Score: 1

      You are an anomaly. The vast majority of Americans have access to only one ISP. Only one ISP in the area tends to mean that ISP has at least a natural monopoly.

    263. Re:Oh goody by s73v3r · · Score: 1

      You must be incredibly stoned if you think that an average person can influence a corporation by buying their stock. Odds are you or I will never be able to buy enough Shell common stock to be able to have an influence on things.

    264. Re:Oh goody by severoon · · Score: 1

      I'm not 100% sure it's worth granting this kind of power to the FCC (which it ought not have, if we believe the ruling--does anyone have an informed opinion on this?) to preserve net neutrality.

      Perhaps the smart thing to do is not depend upon the FCC to preserve net neutrality, particularly if it's not within their purview to do so. If we believe in the freedom of information and communication, maybe looking to the FCC as the sole defender of those ideals isn't the right way to go. Maybe we need something stronger than one government agency.

      --
      but have you considered the following argument: shut up.
    265. Re:Oh goody by lenski · · Score: 2, Insightful

      That is fucking stupid.

      The central tenet of net neutrality is, get ready for it....

      neutrality

      No corporate executive dictation.

      You may or may not be old enough to remember the days before internet freedom, when there was a *MAJOR* toll to be paid by anyone wishing to cross the boundaries established by manufacturers (Hello, IBM of the '70's) or providers (hello, AT&T before Carterfone) or postal/telegraph monopolies (hello, old Europe).

      Then came along a non-encumbered, free and open internet.

      ???

      Piles and SHITLOADS of profit, growing every day. Providing room for anyone with the willingness and ability to compete openly and freely.

      Net neutrality is, by definition, freedom: The free flow of information among those who would exchange it, independent of corporate desire to limit that freedom.

    266. Re:Oh goody by Americano · · Score: 1

      The original post I responded to cited Massachusetts laws (where I also live) which prevent utilities from turning off service for nonpayment under certain conditions - e.g., the gas company can't shut you off in the middle of winter. The whole point of these laws are because *people can, have, and will die* when they have no heat and it's below freezing outside.

      You *can* heat your house many ways. You *can* get your water many ways. Most of these are not readily implemented workarounds for somebody who has gas heat & no fireplace, or their own well with an electric pump, who's staring at a thermometer that reads "Real fucking cold outside," and could very well die before an alternative is in place if their service is turned off. This is not to say that the companies are obligated to provide you with service forever, gratis. They can and will shut you off still, but there's a longer legal process they have to go through, and if the conditions are such that you actually could die from hypothermia or dehydration, the law says that the companies have to give you a stay of execution, as it were.

      In the time that the law gives you as a reprieve, you can find an alternative - get a wood stove to replace your electric heat, get a generator to power your well, or switch from coal to oil for heat, or move someplace warmer where there's plenty of fresh water in the lake out back. You'll still owe for the service you received, and the company will still try to collect.

      In the sense that these laws are written (and intended), defining "access to the internet" as a necessity is foolish. Nobody is going to die if they can't get on the internet for a few days, and defining access as a fundamental right demands an answer to the question of how we're going to go about hooking up the millions of people without broadband access. After all, if it's a civil rights issue, everybody has the right to access, right?

      If you want to promote the goal of universal (neutral) internet access using a model similar to the Rural Electrification Act, I'd gladly concede that:
      1) Getting everybody connected would be a powerful and wonderful thing;
      2) The internet is much more like electricity or telephone service, in that it's not (in and of itself) a fundamental need for survival. It's an amazing convenience, and promotes economic growth, learning & literacy, and a host of other "goods".

      But the original post I replied to used the "you can't shut it off" clauses of laws which apply to utilities under fairly narrow life-or-death situations. Using this model, and trying to treat internet access in the same way is foolish, because it will only make people arguing for neutrality provisions look like a bunch of porn-addicted loons.

    267. Re:Oh goody by s73v3r · · Score: 1

      We don't believe you should have to pay extra to get around filtering.

    268. Re:Oh goody by s73v3r · · Score: 1

      No, the biggest barrier to entry is getting that pile of cash to start with, and being able to tear up the roads to lay your tubes. Most franchise agreements were invalidated in 92 with the Cable Television Protection and Competition Act.

    269. Re:Oh goody by selven · · Score: 1

      It's in Canada, and they still have to rely on monopoly-owned (but regulated) cables, but they exist

    270. Re:Oh goody by riverat1 · · Score: 1

      Yet in AT&T v. Portland the federal court ruled that local or state governments did not have the authority to require open access to other ISP's.

    271. Re:Oh goody by Tycho · · Score: 1

      The argument that the government is bought off with lobbyists is not an argument for stronger corporations. It's an argument for stronger government.

      Alternatively, you could be advocating a weaker corporation, one with fewer rights and more obligations. This does not immediately lead to stronger government, just a government stronger than corporations.

      I'd be happy with either, the government is (ideally) responsible to and must answer to its citizens on election day. A corporation only (theoretically) answers to its shareholders based on the amount of shares each shareholder owns. Guess which is most likely to be more responsive to reasonable complaints? I'd say the government.

      Note: I do not support more regulations for the sake of more regulations, and a reasonable complaint is not a complaint about the existence of income taxes or any spurious complaints on health care reform.

      --
      Impersonating Tycho from Penny Arcade since before there was a PA.
    272. Re:Oh goody by Avictus · · Score: 1

      In a free market, if their product is crap, you don't buy it. You don't have the option with the government.

      You most certainly do have the option with your government. It's called voting. Unfortunately, for many Americans, if their ISP is crap, they can't purchase a different product because there is no competing product to purchase. If Comcast is the only broadband provider in your area, what do you do when you're not satisfied with the service?

    273. Re:Oh goody by mike1210 · · Score: 1

      If you want to go back to having children pack human flesh in your canned meat products, go ahead and make your case.

      Nice lie you have there. I notice that the Wikipedia article says nothing of the sort.

      The difference between a large powerful corporation and a large powerful democracy is that you can influence the government with just your vote.

      I suppose next you'll tell us "Why, you can write your congressperson!". What a joke.

      If Shell wants to drill in front of your beachfront condo and you have no government to regulate their activities, what are your options? Do you think they will acquiesce to your complaints instead of netting a few billion dollars?

      You wouldn't be able to see the offshore oil rigs from the condo in the first place.

    274. Re:Oh goody by rhadc · · Score: 1

      I believe there may be at least one loophole. RFC 2549 describes a method for applying QOS in a way the FCC may have no right to regulate.
      RFC 2549

    275. Re:Oh goody by Ichijo · · Score: 1

      If you are lucky you will get to choose between 2 land line monopolies and perhaps one of them might offer something decent.

      If you can get DSL, you have your choice of many ISPs! Plus there's satellite broadband, wireless ISPs, mobile broadband, and leased lines. And in many areas, you can choose from more than one cable company to send their signal down your coax (my last 3 neighborhoods in 2 different states were like this).

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    276. Re:Oh goody by Ichijo · · Score: 1

      You also don't have that option with ISPs. There's no free market there.

      If you ignore all the DSL ISPs you can choose from (if you can get DSL), satellite broadband, mobile broadband, leased lines, wireless ISPs, and the occasional neighborhood where you have your choice of cable companies, then you would be correct.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    277. Re:Oh goody by Anonymous Coward · · Score: 0

      All they have to do is open up the broadband wires for any company to use just like they do with power. That would allow start ups to flourish without having to invest billions of dollars to get off the ground.

    278. Re:Oh goody by dranga · · Score: 2, Funny

      > Today, April 6th 2009, we can ... And, clearly, it's needed to keep our clocks current.

      --
      Oh no, not again.
    279. Re:Oh goody by AK+Marc · · Score: 1

      State-enforced "net neutrality" will NOT harm the big ISPs, even though Comcast is one of them. What it would mean is that new bureaucratic rules and regulations would restrict new entrants into the market.

      What restrictions? That's like saying OSHA requiring a hard hat would prevent someone from becoming a construction worker. Yeah, it's a cost, but if you can't buy a hard hat, you shouldn't be there. There wouldn't be any cost to the regulations proposed so far to enforce it. Go ahead, read the submissions and proposals. I've read about 5 that were anything from drafts to requests for comments to actual bills introduced and killed. And none of them cost a penny. Well, as long as your goal isn't fucking your customers. If that's your goal, then yes, they'd have a barrier to entry that would restrict new entrants.

      You wouldn't even have to read it, but as long as you didn't purposefully target a site or protocol for punishment because you had something to gain other than keeping the network clean, you'd have complied with all of them and wouldn't have to spend a cent. (some would allow P2P blocking to "protect the health of the network", some would have allowed it if you didn't have a competing service, and some would have disallowed it, so yes, you'd have to at least read whatever law is passed before doing something, but then you'll probably argue that reading a single law is an unacceptable barrier to entry)

      Oh, and this is all irrelevant to me. Comcast illegally hacked computers with a man-in-the-middle attack on millions (if not more) occasions, and should be brought up on felony charges for each one. "Net neutrality" was a great diversion for sending "hacked" packets to break a computer repeatedly over time and lying about doing it. We shouldn't be talking about net neutrality, we should be talking about whether the 1,000,000 10 year sentences for the CEO should be served concurrently.

    280. Re:Oh goody by AK+Marc · · Score: 1

      That wouldn't have anything to do with the fact that your local government grants monopoly status to your local cable and telco, would it?

      In most cases, the monopoly restrictions have been lifted. There are some areas with a cable TV monopoly, but not many. The issue is that they were built with public funds and are a natural monopoly (one infrastructure being cheaper than two, everything tends towards one infrastructure) so that new entrants are excluded by market forces now anyway.

    281. Re:Oh goody by Anonymous Coward · · Score: 0

      Insightful my ass. This just allows private companies to continue to be such. If you don't like how a carrier is treating bandwidth, give your dollars to a different one.

    282. Re:Oh goody by Anonymous Coward · · Score: 0

      Right, just like ISPs have been formed to compete on price and service. Oh wait, my region has the same 2 ISPs it has had for the last decade.
      That's why we need government involvement: the physical network is an oligopoly with only 2 contenders in most of the country.

    283. Re:Oh goody by AK+Marc · · Score: 1

      You seem to have a general hatred for Capitalism.

      The Free Market and Capitalism are unrelated. And massive government regulation has no bearing on whether something is Capitalism.

      But then, no one uses the words to mean anything anymore, so it doesn't matter. Liberal, conservative, capitalism, socialism, and such are words used to evoke emotions with no tie to any definition the have or once had.

    284. Re:Oh goody by copponex · · Score: 1

      Nice lie you have there. I notice that the Wikipedia article says nothing of the sort.

      If you've never heard of The Jungle by Upton Sinclair, or about labor laws in general, I recommend an education. And, those are some direct links from the article I provided. All you have to do is click on them.

      I suppose next you'll tell us "Why, you can write your congressperson!". What a joke.

      With a functioning democracy you have some chance of making things change. When it's you versus an immortal fictional person that makes your yearly salary every minute, you have no chance.

      You wouldn't be able to see the offshore oil rigs from the condo in the first place.

      Nevermind. Go back to watching the TV. You're a lost cause.

    285. Re:Oh goody by joocemann · · Score: 1

      Exactly!

      Monopolies/Oligopolies *MUST* be regulated because the market does not exist.

      The free market concept does not apply here. Imagine if PG&E was not regulated... imagine how bad they'd have us by the nards.

    286. Re:Oh goody by brkello · · Score: 1

      Your assumption is completely wrong. I am all for capitalism. Unregulated capitalism is stupid and bad for the consumer. That's why you need anti-collusion and anti-monopoly laws. Clearly you don't have a clue what you are talking about. All governments are a blend of -isms. The right balance matters. You can have capitalism and government regulations and it be a net positive for society when too much of either and you have a disaster.

      --
      Support a great indie game: http://www.abaddon360.com
    287. Re:Oh goody by brkello · · Score: 1

      Why would you draw the line on "only things that kill you" should be regulated? So it is ok for a corporation to rape and torture someone without government intervention?

      This is what I mean when I say you are blinded by your ideology. The Internet is build upon government infrastructure. Of course this should be regulated. The Internet is a wonderful tool to provide education to so many people. Why should we allow corporations to only give us the news they want us to see or only allows us to touch certain parts of the net if we pay a subscription to see those parts? It makes no sense to let Comcast control something that was provided by the government. Your arbitrary lines of where the government should and should not play shows your inability to logically think about the situation.

      --
      Support a great indie game: http://www.abaddon360.com
    288. Re:Oh goody by brkello · · Score: 1

      I so agree. I wish people would analyze what they mean instead of having this mindset of Capitalism vs. Socialism. How slow can people be to not understand that our government is a blend of these isms and it can be a good thing when done correctly.

      --
      Support a great indie game: http://www.abaddon360.com
    289. Re:Oh goody by pgmrdlm · · Score: 0, Troll

      Good, my choice is to vote against all regulation like your suggesting. And quite obviously, others feel the same way.

      We don't need your nanny state. I can make my own choices.

      If you can't, please get your own baby sitter and don't appoint one for everyone.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    290. Re:Oh goody by pgmrdlm · · Score: 1

      Really, I have seen multiple local governments write 15 year contracts allowing only specific cable/ISP's in their locality.

      Thank you nanny lover for restricting my choices.

      By the way, the companies SUCKED because they didn't have to compete thanks to YOUR nanny government.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    291. Re:Oh goody by AK+Marc · · Score: 1

      Please identify a real world example of a "natural monopoly that exists because of "natural monopoly" conditions, not because of government regulation.

      The telecommunications industry. Or, if you wanted something more specific, then AT&T (not at&t).

      Also, people smarter than you identify natural monopolies before they "cause harm" and regulate them because of that. So you won't find one mature without the government getting involved. Requesting that and knowing it can't be provided seems to be an indication that you know the opposite of what you insinuate to be the truth.

    292. Re:Oh goody by shutdown+-p+now · · Score: 1

      Good, my choice is to vote against all regulation like your suggesting.

      It's your choice, definitely. If citizens of a democratic state vote to reduce the scope of their government (and thereby the power of their vote), they're certainly entitled to get what they want.

      And quite obviously, others feel the same way.

      How do you know?

    293. Re:Oh goody by shutdown+-p+now · · Score: 1

      I didn't vote for any of the governments you mention (I'm not an American), so please thank your fellow citizens, not me.

      In any case, if your government is broken as badly as you claim it to be, then maybe you should fix the government, rather than working around it.

    294. Re:Oh goody by AK+Marc · · Score: 1

      And they had Bell Labs making all sorts of cool things. Once competition was forced, the research arm died, as we are all worse for it.

    295. Re:Oh goody by AK+Marc · · Score: 1

      I'm unsure whether you are ignorant or just smug in spreading untruths. Multiple wires are too expensive. However, none of the wires laid were intended to carry packet data. There was one voice wire, one TV wire, and one power wire. You don't have two voice cables, two TV cables, or two power cables. That they invented ways of putting packets over those once the companies were mature doesn't change the argument. Adding packets to the equation years later may let some idiot on the Internet make a talking point, but doesn't change the fact that there exists almost no companies that lay cables identical to a different company that's got 100% coverage.

      My take: All of these wires should be a public right of way, just like the road system.

      They tried to regulate them that way, but they couldn't figure out how to make it fair. The only "fair" way would be to prevent the owner from providing any services over the wires. And those that own the wires would never stand for that.

    296. Re:Oh goody by pgmrdlm · · Score: 1

      It's your choice, definitely. If citizens of a democratic state vote to reduce the scope of their government (and thereby the power of their vote), they're certainly entitled to get what they want.

      How do I lose the power of my vote by wanting smaller government. Excuse me, but that shows how powerful my vote really is that I can make a controlling entity have LESS power.

      How do you know?

      Ever hear of polls?

      Just by you HAVING to ask that question shows how little you know about the power of the vote

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    297. Re:Oh goody by Attila+Dimedici · · Score: 1

      AT&T became a monopoly as result of government regulation. AT&T did pursue becoming a monopoly as company policy, but various government interventions greatly assisted them in accomplishing that goal. I do not believe AT&T would have been successful in becoming a monopoly without the assistance it received from the government (particularly the Wilson Administration).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    298. Re:Oh goody by Anonymous Coward · · Score: 0

      Someday if they are smart, the government will enforce competition in the broadband department and our internets will stop being $50 a month for a decent speed and go down to like $20 a month just like in other countries.

    299. Re:Oh goody by AK+Marc · · Score: 1

      how can they keep out competitors if there is no government regulating the market?

      Killing them? If there are truly no regulations, then you are thinking too small. And what prevents you from bribing your customers to not buy from the other guy, like the Intel acts against AMD? Or hiring the mob to harm your enemies, I mean competitors. You are thinking too honorably with your ideas of lack of regulation, and not like amoral corporations with no accountability.

    300. Re:Oh goody by kklein · · Score: 1

      Yes yes yes yes yes yes yes yes yes! The fear of the government is one predicated on the notion that it is separate from the people, which simply is not true. Libertarians and tea partiers create the disconnect between the government and the people, when they should be working through the system to effect the changes they want to see. They are actually the problem. By refusing to participate in a meaningful way, they force the disconnect!

    301. Re:Oh goody by BlueStrat · · Score: 1

      Maybe necessary to power the pumping station, but not at the home level...

      Many, many homes even in relatively highly-developed areas don't have city/township/county water systems to every home.

      I live in a house om a suburban block that's less than an eighth of a mile from a large mall and several shopping plazas just barely outside of city-downtown proper. All the houses (~20-30?) on my side of the street for several blocks have well water provided by an electric well pump and the other side has city water.

      Anyways, the point is that electricity can and often is essential (well, there's the old farm hand-pump type well but that means no indoor plumbing as we know it...) for residential water.

      The internet is growing as a phenomenon and as a part of more peoples' lives to an ever-increasing degree. I believe we are in an early rapid-development and rapid-expansion stage. At this point I do not believe that internet access is a "right".

      In another 10 or 20 years, that could change depending on how the internet evolves over time. One thing that's sure to restrict the freedom and usefulness, and therefor the amount & speed of development, of the internet is over-regulation and corrupt/political regulation. The US government has a generally bad history when it comes to regulating many of the things that weren't traditional Federal regulatory areas that it has taken on in the last 4 or 5 decades.

      I prefer, at this point in time, an internet with as little government involvement as possible. You can never get back the power you grant to a government, and the government would just be too tempted to abuse such a legislative opening to achieve immense power & control.

      I would rather see providers taken through the civil legal system, have protesters in front of their offices, etc etc as opposed to giving the government brand new powers over an area which could/would be so essential to citizens' ability to change the government if the government forfeits its' right to govern by its' disregard for the Constitution, the Rights and will of its' people, and the best interests of the people and the country.

      The more you believe the internet is an essential service and growing in importance, even approaching a right, the more cautious you should be in granting government any power over it because government power has always been subject to abuse and nearly-always grows in size & scope but never shrinks or goes away in any meaningful way.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    302. Re:Oh goody by Hawke666 · · Score: 1

      Many, many homes even in relatively highly-developed areas don't have city/township/county water systems to every home.

      Yes, I am aware of this. Many homes in my vicinity have well water.

      Anyways, the point is that electricity can and often is essential (well, there's the old farm hand-pump type well but that means no indoor plumbing as we know it...) for residential water.

      I'd always assumed that residential wells had some form of backup: either a generator to provide the electricity, or some sort of manual pump which, while it wouldn't provide full running water, would at least provide some water in an emergency--thus making external electricity far less essential. I could be, and probably am, wrong. It certainly wouldn't be the first time.

      I pretty much completely agree with the rest of your post.

    303. Re:Oh goody by AK+Marc · · Score: 1

      I do not believe AT&T would have been successful in becoming a monopoly without the assistance it received from the government

      The level of competition and the fact that people had multiple phones from competing phone companies with no interconnection was holding back the phone massively. People just wanted to be able to use it to call someone regardless of who they had service with. Because of that, there was a big pressure for consolidation, and whoever was a little bigger than someone else was much stronger competitively.

      It might not have been AT&T, but it would have been someone to be the monopoly. Given that there was no interconnection, it would be like having a cell phone that could only call people on the same cell network. When you went to get one, whoever had 75% of your friends is what you'd pick. Enough do that, and the one with 25% goes to 0% pretty quickly. The only thing that made it drag out so long with AT&T was the barriers to entry (cost of laying lines), otherwise, the monopoly would have been reached much faster.

      Or, if you don't like that, then take the Internet. There were lots of competing networks when it came out on top. Then, the Internet had the same effect I described, and everyone canceled their other services because they didn't get them what the Internet could. It may not be a single company, but it is a natural monopoly, and did what natural monopolies do...

    304. Re:Oh goody by Anonymous Coward · · Score: 0

      Bravo, well said! Why do people have such trouble differentiating natural monopolies from the rest of the market? The same rules can't apply, and regardless of one's opinions about the general market, natural monopolies MUST be regulated (or government-run). To leave them alone is to allow them to do what all corporations do: maximize profits, seek the most benefit for shareholders, etc..., and with no competition or other forces to interfere those terms "maximize" and "most" = actions detrimental to the well-being of society as a whole.

    305. Re:Oh goody by einhverfr · · Score: 1

      Such conditions should be made up front, not 14 years later....

      If the federal government gives you a tax credit for one reason or another, do they then get an additional say in how you run your life?

      --

      LedgerSMB: Open source Accounting/ERP
    306. Re:Oh goody by Lord+Kano · · Score: 1

      Practically, no one believes that the government should just be obeyed and never questioned, at least in the US.

      That all depends on if their political group is in charge of the government. Conservatives were nice and quiet while the Bush administration was running an enormous deficit. Liberals who usually scream "Keep the government out of my medical decisions!" and cheering along with the new law that will get the government involved in our medical decisions.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    307. Re:Oh goody by dgatwood · · Score: 1

      If you don't like what $BIGCORP is doing, you're free to stop being a customer of $BIGCORP. $BIGCORP is allowed to do what it wants with the product or service it's putting out.

      Where do you live that you have a choice in $BIGCORP? Most places only have one $BIGCORP, so if you want internet service, your choices are to agree to their demands or get the government to smack them down. There is no choice C in most of the real world.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    308. Re:Oh goody by shentino · · Score: 1

      The feds shouldn't have given them a windfall without attaching some strings.

    309. Re:Oh goody by shentino · · Score: 1

      You'd think that interstate commerce would give the feds standing.

      I suspect that the judge got some under table money to rule the way he did.

    310. Re:Oh goody by hrvatska · · Score: 1

      We shouldn't want the FCC regulating our internet. That's not why it exists, and it shouldn't be allowed to expand its purpose just because it wants to.

      Telling ISPs that they have to treat all internet traffic equally is not micro managing. Calling that micro managing is like saying that requiring all gas stations to use a standard, calibrated unit of measurement is micro managing. Enforcing general principals of how the public should be treated is not micromanaging.

    311. Re:Oh goody by lwsimon · · Score: 1

      I know exactly what I'm talking about. In short, capitalism is the private ownership of the means of production. Socialism is state ownership of the means of production.

      To be unequivocal about it, I am an unashamed proponent of Laissiez-Faire Capitalism. No "regulation" is acceptable to me, because all regulation uses the negative power of government to restrain at least one party - and that is immoral.

      Government's only moral role is to prevent the use and threat of violence between parties. Period.

      --
      Learn about Photography Basics.
    312. Re:Oh goody by Attila+Dimedici · · Score: 1

      That is a different understanding of what a monopoly is than most people use. While the Internet exists as it does because of government involvement, something like it would exist anyway. If you look at what was going on before the Internet took off, you see that the existing services were developing protocols to allow communication between separate proprietary (and some non-proprietary systems) systems. However, most people consider being a single company an inherent part of the definition of a monopoly. By your definition, Television is a monopoly (at least the over the air form).
      Yes, interconnection between separate telephone companies would have indeed happened eventually. There are several ways this could have happened. Only one of those ways is the creation of a telephone monopoly (as in a single company).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    313. Re:Oh goody by mike1210 · · Score: 1

      Yes, we can have a genuine free market like Haiti. So people can build houses and buildings that will be death traps in earthquakes since it so much cheaper despite being in a major earthquake zone. Really brilliant.

      In fact, Haiti is so free-market capitalist that it ranks 141 out of 179 on the Index of Economic Freedom!

      http://www.heritage.org/Index/Country/Haiti

      All you morons scream about a true free market. Then when the companies start killing you and your family you scream at the government asking why it isn't doing anything about it.

      Compare the number of people deliberately murdered by those seeking profit for a company (which is easily remedied) with the number of people murdered by government (which isn't easily remedied, as the government imposes a monopoly of force, and disarms its victims). I suspect however, that what constitutes being 'killed by a company' in your mind is so broad, that people dying of natural causes in their sleep are counted by you as being 'killed by a company'.

    314. Re:Oh goody by lwsimon · · Score: 1

      I disagree. "massive government regulation" is incompatible with Capitalism. While the means of production may nominally be owned by non-state entities, if the states *controls* them - via massive regulation - then it is not capitalism, it is socialism.

      --
      Learn about Photography Basics.
    315. Re:Oh goody by Anonymous Coward · · Score: 0

      it is the concentraction of the word typically here which was a break in communication between you two. By the first typically, OP (Oh yeah I'm on a /. master of universe insights level high right now) meant this is what congress has done in the past, and the second typically to the OP meant "something we should be used to and should be of no surprise to us" As in the distainfull "tsk tsk..."typical"...walk away nose turned up." underage teenager.

    316. Re:Oh goody by einhverfr · · Score: 1

      I thought the case more or less boiled down to "Congress hasn't delegated this power to the FCC."

      Can you point me to the page where this gets settled on Constitutional grounds?

      --

      LedgerSMB: Open source Accounting/ERP
    317. Re:Oh goody by mike1210 · · Score: 1

      If you've never heard of The Jungle by Upton Sinclair,

      You do understand that The Jungle is a work of fiction, don't you?

      or about labor laws in general, I recommend an education. And, those are some direct links from the article I provided. All you have to do is click on them.

      Again, not one of those links substantiates your claim that "human flesh" found its way into canned meat products, deliberately or otherwise.

      With a functioning democracy you have some chance of making things change. When it's you versus an immortal fictional person that makes your yearly salary every minute, you have no chance.

      Your single vote cannot hope to change government policy. Plus, you still are required to pay taxes. With a corporation, you can refrain from buying their products, depriving them of profit. Thus, corporations are far more responsive to their customers than anyone working for the government. Compare the service you get at McDonalds with the service you get at the DMV or the post office.

      You're also making the mistake of assuming that a corporation is a single entity animated by a single will, as opposed to merely being a collection of individuals who come together to make a profit.

      Nevermind. Go back to watching the TV. You're a lost cause.

      Likewise, go smoke some more Chomsky.

    318. Re:Oh goody by brkello · · Score: 1

      So it ok if companies poison us, drug us, etc? Silly. Unrealistic. Your worship of capitalism is foolish.

      --
      Support a great indie game: http://www.abaddon360.com
    319. Re:Oh goody by AK+Marc · · Score: 1

      If you look at what was going on before the Internet took off, you see that the existing services were developing protocols to allow communication between separate proprietary (and some non-proprietary systems) systems.

      But there were competing "internets" that gave way to The Internet. The one that won, won because of how natural monopolies exist.

      While the Internet exists as it does because of government involvement, something like it would exist anyway.

      Yes. Like a natural monopoly. It happened regardless of the government, not because or in spite of, and There Can Be Only One (aside from a few niches that are not directly competing, like the school networks and such which were abolished when the Internet took of, then got recreated later when the Internet was consumed in Eternal September).

      Yes, interconnection between separate telephone companies would have indeed happened eventually.

      I disagree. There isn't now interconnection between the multiple internets. I can think of at least 10 networks that are internets that don't have interoperability with the Internet. They have a secured gateway with very limited services passing, if any. The same would have happened with phones. There may have been companies who made money by buying phone lines from multiple companies and interconnecting them manually, but from what I can tell from reading back about that period, they actively worked to not interconnect and fought any regulation or suggestion otherwise.

      There are several ways this could have happened. Only one of those ways is the creation of a telephone monopoly (as in a single company).

      100 companies with 1% of the market are equal. 10 companies with 10% are equal. But someone with 5% and another with 10% are not equal. And if those two interconnect, then the 10% will view themselves as much more important than the 5%. They'll want payment and such. And they will value themselves at more than twice the value of the 5% company (which is correct when you take into account networking effects). But the 5% company can't afford to pay the price and still grow. So, why will the 10% company increase the value of their company by 50% to 15% while at the same time tripling the value of a competitor's company from 5% to 15%? As the company with 10%, helping myself 50% and a competitor 200% seems like it's not a good business decision. So no one will interconnect with the little guys. It just makes bad business sense. Sure, there may be ways (get two 5% companies to interconnect first, then approach the 10% company), but those take more coordination and selflessness than was being shown at the time this was all happening.

    320. Re:Oh goody by brkello · · Score: 1

      Congratulations on linking something completely unrelated to what I am talking about! I was talking about government regulation of business. Is that an index of that? No. Oh well, try again.

      Hey, it's the conservative types that love to blow the crap out of people. Besides, your point is stupid since so many wars are fought for oil. Is it government or capitalism when the oil companies pay off so many? I guess there was no capitalism involved with Haliburton getting a no-bid contract out there. The thing you don't get is that government and business is so intertwined, you don't know which is which. The government is capable of great good and great evil. So is capitalism. So excuse me if I don't mind when the government regulates Internet use but I do mind when we decide to kill people. Seriously, it is like debating with 2 year olds. A bunch of noise and nothing but what you hear grown ups tell you on the tv back.

      --
      Support a great indie game: http://www.abaddon360.com
    321. Re:Oh goody by shentino · · Score: 1

      I think that by taking place over an electronic medium the FCC already has the authority to regulate the internet.

    322. Re:Oh goody by hairyfeet · · Score: 1

      Uhhhh...I hate to break the news to ya bro, but in most parts of the country we are talking about a monopoly or at most a duopoly, so unless you want to abandon your home, your job, and your family, you don't get no choice. Hell I'm getting to pay an extra $50 a month for cable TV I don't even use because the local monopoly won't sell you Internet unless you take it, so it isn't like we get a choice there bud.

      As for all those "yay the government lost" types? I hope you didn't actually enjoy going to places like Hulu, Youtube, or any other place the competes with your local cabelco's offerings, because you are about to get bent over baby, yeah! I get to pay $163 a month for 2Mb and a cap of 36Gb. Sound good? I hope it does but it will probably be coming to your area next. of course if you only use Windows (no caps for updates, sorry Linux and Mac users!) and only go to your providers offerings (which I'm sure won't affect your cap either) then you are good to go. Anything else? Well I hope you like paying $1.50 per GB, which is what I'm looking at if I dare to go over.

      Net neutrality was to keep ALL our pipes equal, okay? We pay for big dumb pipes but the duopolies want to turn it into "TV 2.0" where they push their DLC down the pipe and your money back up it. By winning all Comcast has done is make it so any major cableco/teleco can (and will) ass rape you on the price if you don't play their game their way. Is that REALLY what you want? But the "free market" can't save you if it doesn't actually exist. You want no regs? when they take the last mile away from the duopolies and open it up to competition. If you are for the "free market" then you should be all for this, otherwise it is just more right wing "corporation yay!" bullshit. I for one would kill to actually have choices, but from the looks of it good luck on that.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    323. Re:Oh goody by AK+Marc · · Score: 1

      The ownership is 100% private, so it fits the traditional definition. The "control" definition invented recently to be able to label every government regulation as "socialist" as an attempt to depreciate them may be an issue as you say. However, so many "libertarians" talk about force and the ability to walk away. That is, you aren't being "forced" to do something if it's a condition of a fully voluntary action.

      For an example, if you know that if you sell milk, you must pasteurize it, then that regulation doesn't make milk companies socialist. They could always take their capital and make bread instead. So, as long as something is unregulated, then you are "free" to have no regulations. Not that I'm agreeing with the "if I don't like it, it must be socialism" definition of capitalism, but even using that one you could have massive government regulation and still not have socialism. You own the capital, take your ball and go home. Then the government has no power over you.

    324. Re:Oh goody by spun · · Score: 1

      I would bet your big carriers are required to lease out to small ISPs at their own internal rates. Ours aren't regulated like that anymore.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    325. Re:Oh goody by spun · · Score: 1

      If the people who run government are as benevolent or less than those who run corporations, we have no one to blame but ourselves. We are not citizens of corporations, unless we pay to be. And even then it's one share, one vote.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    326. Re:Oh goody by copponex · · Score: 1

      Read before you write. Especially when it's obvious that you haven't read anything. You apparently don't know who Upton Sinclair was, or why he wrote, or the fact that people have mixed fact with fictional plot lines in order to get certain points across. I swear to God this is like arguing with someone who's illiterate.

      Many of the book's assertions were confirmed in the Neill-Reynolds report, commissioned by President Theodore Roosevelt in 1906

      http://en.wikipedia.org/wiki/The_Jungle

      The rending of human flesh wasn't confirmed in the report, but the meat packing companies had been cleaning up for three weeks before the on site inspection began. Here's a newspaper article from 1906 in case your dimly lit bulb is still lost at sea:

      http://news.google.com/newspapers?nid=1913&dat=19060529&id=UdAgAAAAIBAJ&sjid=vWoFAAAAIBAJ&pg=1292,1463035

      Your single vote cannot hope to change government policy.

      Funny. Popular movements stopped slavery, got women and non-whites the right to vote, stopped the Vietnam War, got us the right to freedom of speech, a 40 hour workweek, overtime pay, and ended child labor. But you'd have to have the most basic understanding of labor history to understand these facts. Here's a good place to start.

      Plus, you still are required to pay taxes.

      Oh, fuck. News to me! I guess it's time to privatize every piece of infrastructure we have, and when all of those basic services triple in cost, we can gloat about how we don't pay any taxes. Hooray! We're winners!

      With a corporation, you can refrain from buying their products, depriving them of profit.

      You may literally be too dumb to argue with. Exactly how are you going to deprive your insurance company of profit when they deny your claim to life-saving procedures on technicalities? How are you going to battle Microsoft if they take you to court with a team of lawyers making $10,000 an hour? How are you going to sue the coal mine for poisoning your well if there are no environmental regulations?

      Your sense of economics can only comprehend widgets and customers and buyers. What are you going to do next? Model the real estate market with a game of Monopoly?

      Thus, corporations are far more responsive to their customers than anyone working for the government. Compare the service you get at McDonalds with the service you get at the DMV or the post office.

      I'd rather deal with my local DMV than Comcast or AT&T or dozens of other companies. Why don't you compare the service you get from the US Military to the kind you receive from Blackwater? Alright, ten times the cost, none of the accountability! Way to go.

      Likewise, go smoke some more Chomsky.

      Really? Kind of a downer. I figure you would have copied a t-shirt witticism, and pretended it was your own. I guess all the kids on American Idol are just wearing graphic tees these days.

    327. Re:Oh goody by einhverfr · · Score: 1

      But still, if this is a statutory matter (as seems to be the case in the actual opinion) then it should be a simple matter for Congress to fix it if the courts got it wrong, right?

      Of course, my thinking on net neutrality is that anticompetitive traffic shaping is pretty clearly BAD and should be seen as illegal under existing laws if not having new laws passed against it, but provided that usability is preserved, I see nothing wrong with ISP's:

      1) applying opt-out security filtering (port 25, port 22, and whatever else) provided no additional fee is charged to opt out,
      2) filtering for known malware (yes, this sometimes causes problems but isn't because the ISP's are being evil)
      3) bumping high volume, low quality traffic down a priority for things like bulk file transfers (torrents and the like) in order to preserve everyone else's customer experience.
      4) offering a QoS tier for latency sensitive applications like VOIP, provided that VOIP is not treated otherwise as a lower priority than standard usages (http, etc).

      I personally think this should be discussed in Congress and basic directions given before placing our faith in unelected beaurocracies.

      --

      LedgerSMB: Open source Accounting/ERP
    328. Re:Oh goody by Gerzel · · Score: 1

      Market Satisfaction at a price does not mean there is a just and fair situation.

      And while true there is no such thing as coercive monopoly absent government. Government SHOULD be a coercive monopoly in fact it should be the ONE AND ONLY coercive monopoly, as in its ascents another would surely take root.

    329. Re:Oh goody by Anonymous Coward · · Score: 0

      An argument for government intervention post-2008 that attacks a straw man getting +5 insightful?

      I see Slashdot hasn't changed much...

    330. Re:Oh goody by Compaqt · · Score: 1

      I agree that that's (often) the case with OSHA regs and the like.

      But net neutrality is basically just saying "Thou shalt set up weird rules to block and extort Google, Skype, etc."

      Non-blocking is the default situation. It's not like the ISPs are being asked to do anything.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    331. Re:Oh goody by Mjec · · Score: 1

      Nice try.

      Rights guaranteed by UDHR which are really controls on the actions of non-government others:

      • Art II: freedom from discrimination
      • Art III: life, liberty and security of person
      • Art IV: freedom from slavery
      • Art XII: privacy and freedom from interference
      • Art XX: freedom of association
      • Art XXIII: right to equal pay for equal work
      • Art XXV: health care
      • Art XXVI: education

      It's a nice idea that the only effect of a right is to entitle an individual to act in a particular way without interference from others. Unfortunately that's not how rights are defined. Rights are merely inaliable entitlements: things to which everyone is entitled, their entitlement to which cannot be removed.

      --
      "But everyone should know everything." -markab
    332. Re:Oh goody by isorox · · Score: 1

      Healthcare and the internet are WANTS.

      Healthcare is a want, plenty of people work an 8 hour daily trip to affod some ineffective "herbal" remedy or self-diagnosis. Only a few die.
      Clean water is a want, plenty of people survive with an 8 hour daily trip to collect some polluted water to cook in. Only a few die.

    333. Re:Oh goody by piranha(jpl) · · Score: 1

      That's a lie. There must be a half dozen providers for high-speed Internet service where I live, in podunk Spokane, WA (pop. 205,500).

      Okay, is it a truly free market? No, usually a lot of the private infrastructure is paid for in taxes, which is certainly not free. But there sure as hell are options (2+) in most mid-sized cities and higher. Don't forget about wireless and third-party DSL providers.

    334. Re:Oh goody by AlamedaStone · · Score: 1

      Very sorry to reply to a troll, but "The End of Days" seems to be talking a lot, and so here seems as good a place as any to reply.

      http://www.visualeconomics.com/united-states-federal-tax-dollars/

      According to this map, if you live in any of the states with a ratio that is greater than 1.0 then.... YOU'RE WELCOME. There are 18 states that spend less in Federal money than they pay out. Using my advanced degree in subtraction, that leaves 6 states which are "spending more than their fair share". No wait, that's 32. Sorry, it was an honorary degree.

      So all you gits in Georgia, Indiana, Ohio, Pennsylvania, Utah, North Carolina, Vermont, Iowa, Nebraska, !Wyoming!, Kansas, Arizona, Idaho, Tennessee, Maryland, Missouri, South Carolina, Oklahoma, Arkansas, Maine, Hawaii, Montana, Kentucky, Virginia, South Dakota, Alabama, North Dakota, West Virginia, Louisiana, Alaska, Mississippi, and New Mexico can just please shut the hell up.

      Now, of course, if you live in one of the 18 that are contributing more, as I am, thank you. I say thank you, because you are contributing to the national well-being of this country, and therefore I benefit *even though I too am paying out more than "I" receive*!

      If you feel that you are being treated unfairly, then I suggest you stop paying Federal income tax. Instead, calculate your "share" of any Federal resources you consume over the course of the year and pay that instead. I would be very surprised if that was less money than your income tax.

      See you in January 2011.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    335. Re:Oh goody by crackerpipe · · Score: 1

      Exactly. If anything what needs to be done is to create incentives for Comcast to build-out their monopoly with FiOS and so on. For that, the FCC or a solid law from Congress are arguably the only solutions. Rulings like this take away that incentive. With more and more ISP users and bandwidth use increasing (Hulu) etc, rulings like this allow Comcast to keep it's current hardware in place, charge top fees for the best access, and turn their back on residential customers annoyed with taking left-over bandwidth speeds. I think we'll notice it first on digital services like Hulu and so on, which only compete with Comcast TV product$ anyway. Net-neutrality regulation does not guarantee rates won't rise (Comcast profits would continue unabated), but rates would rise for the right reason; bandwidth build-out costs. This ruling instead leaves a loophole for price gouging. Whomever above quoted PG&E oversight has a reasonably good, though not perfect, analogy. When California de-regulated energy providers, Enron stepped in and bilked billions from the electrical grid by artificially cutting supplies of power and raise prices. Comcast, as another semi-monopoly, is now in a similar position of power; build-out costs no longer make sense, Comcast makes more money jostling rates for different levels of access. That is, they can leverage their monopoly status because, even as more and more people come online, the poorest customers will likely still pay some amount for old dial-up speeds in addition to their outdated Comcast cable tv account. Congress has an interest in seeing that we keep-up globally. Our information infrastructure is important nationally. Comcast can raise its rates, but Comcast should be required to meet the standards of net-neutrality where the rising rates would be tied to bandwidth build-out (see also "jobs"), not to sitting on their ass while charging more. Everyone loses in the long run from this ruling. Follow the money.

    336. Re:Oh goody by Attila+Dimedici · · Score: 1

      As I said, the Internet is irrelevant to the discussion of any sort of monopoly because to most people (and to the context of this discussion) monopoly is about a single company controlling things. You may be correct, but I believe that you are wrong and there is no way to prove it because in every case of a "natural monopoly" that you can cite, the government intervened with regulation that favored the company that emerged as the monopolist before the market could decide.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    337. Re:Oh goody by lwsimon · · Score: 1

      Odds are you and I will never be able to get enough votes to be able to have an influence on things...

      --
      Learn about Photography Basics.
    338. Re:Oh goody by Nick_13ro · · Score: 0

      I would bet your big carriers are required to lease out to small ISPs at their own internal rates. Ours aren't regulated like that anymore.

      There is only the former monopoly with such requirements, but the lease price is so high that it's not a source of competition (I think I can safely pin that on the endemic corruption and bribes in the right places) So no, the competition had to build its own infrastructure from the ground up and most of the ISPs did that with FTTB, switches and then FTP cable (or in the case of usually smaller ISPs serving houses instead of apartment buildings- something like FTTN). The major exceptions are the former monopoly- Romtelecom now run by Deutsche Telekom and the US owned UPC who both had been the most averse to any major investment in infrastructure. Now even Romtelecom appears to have seen the light and recently started investing in FTTB still using the existing copper wires with VDSL2, but still an improvement. UPC while covering over 1.5 million homes has only about 250 thousand subscribers to its horrid internet service and about one million to its less objectionable cable tv service. And I almost forgot to mention that the biggest ISP, cable tv and satellite operator in Romania is not the former monopoly as you might expect but a romanian owned private company (not listed on the stock market) who had to build its own FTTB infrastructure like everybody else: RDS. They're also the second largest land-line operator and growing their mobile phone segment to threaten the likes of orange and vodafone.

    339. Re:Oh goody by lwsimon · · Score: 1

      So, by your definition, the recent healthcare bill that was signed into law is socialist? After all, it explicitly forbids US citizens from "taking their ball and going home," by mandating that an individual purchase coverage.

      As for control vs. ownership, most dictionaries will define ownership as being comprised of two components: legal ownership, and sole control. The term "ownership" is being redefined, but not in teh way you proposed.

      --
      Learn about Photography Basics.
    340. Re:Oh goody by Compaqt · · Score: 1

      Just to clarify, are you also against government making and creating the roads?

      Not trying to flame or troll, but just to ascertain whether there are limits to this philosophy.

      If you're against government roads, you wouldn't be a constitutional conservative, but rather a pure libertarian.

      But, as a pure libertarian, you'd be against eminent domain to make roads. Private contractors would negotiate with each individual lot owner for road space. The roads would probably look like step functions instead of whatever was determined optimal by a civil engineer.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    341. Re:Oh goody by Compaqt · · Score: 1

      >>For many reasons I spend my own money to filter the water coming from the government with all of their "wonderful" regulations. If it was so safe why can't I put fish into it immediately after getting it from the tap?

      >Possibly for the same reason that you can't necessarily drink the same water straight from the lake, stream, or ocean that fish lives in.

      LOL!

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    342. Re:Oh goody by Compaqt · · Score: 1

      >The fear of the government is one predicated on the notion that it is separate from the people, which simply is not true.

      Well, but there are a couple of other considerations:

      Just as corporations who want a specific exemption will likely get it because they are intensely interested in getting it, but the general public only has about a one in 300 million (i.e., the US population) amount of interest in defeating the exemption.

      Similarly, when the government gets large (for various definitions of large), the government workers' unions lobby for more government spending, workers, and powers. They have an intense interest in that, but each individual citizen only has a small marginal interest in defeating each proposal to increase government. Gradually, the water heats up.

      When the frog starts boiling, that's the disconnect.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    343. Re:Oh goody by AK+Marc · · Score: 1

      As I said, the Internet is irrelevant to the discussion of any sort of monopoly because to most people (and to the context of this discussion) monopoly is about a single company controlling things.

      I heard what you said, and I disagree. The Internet is a group of people working together, like a company. There were separate organizations, also run like a company, that were competing against the Internet. These other conglomerations lost out, and one and only one took supreme control. That's because telecommunications is a natural monopoly. The Internet beat the other internets because there can be only one.

      You may be correct, but I believe that you are wrong and there is no way to prove it because in every case of a "natural monopoly" that you can cite, the government intervened with regulation that favored the company that emerged as the monopolist before the market could decide.

      And I see that as proof. If it weren't a natural monopoly, why would the government feel the need to intervene? They didn't with Microsoft because software isn't a natural monopoly. But they do with things that are. Because they are, not to make it so.

      If you want an example of another, take music media. People like to share. So the ability to trade something with your friends makes the media more valuable. So, though MiniDisc may have been better, at least in certain circumstances, CDs dominated. Not enough people had MDs to make it worth while. Having a CD player, a tape player, and a MD player didn't make sense. At most, people had CD for the better quality and tape for the ability to record. A similar effect led to VHS beating Beta and Beta disappearing because of it. Two media standards together will reduce the profits of all, so it's natural for there to be a monopoly. But again, that's not a specific company that's a natural monopoly, so I'm sure you'll dismiss it like my Internet example.

    344. Re:Oh goody by Skreems · · Score: 1

      You don't need phone service, although you do need a phone line. However, aside from ClearWire which is only available in cities as far as I know, and satellite which has retarded amounts of lag, you need wiring for pretty much any internet service.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    345. Re:Oh goody by Skreems · · Score: 1

      As for your sig - be careful what you wish for. Otherwise, you'd be sitting at -1 already.

      I also was using them as an example of the opposite of what you think I'm claiming.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    346. Re:Oh goody by lwsimon · · Score: 1

      I would argue against the government creation of roads from a philosophical standpoint, yes. I don't know if that is a workable system, though - I would certainly advocate trying it on a smaller scale before doing away with how we do things now.

      I recognize there is a difference between theory and practice, and there is a place for that rational discourse. Roads are probably the best example of that that I can think of, actually.

      Where I start to get really steamed up about this, though, is when our government clearly oversteps not only what I perceive to be its moral bounds, but also its own legal bounds.

      When there is no Constitutional authority to undertake an action and the federal government does it anyhow, the moral argument need never come into play - if the authority isn't there, it isn't there. When the government ceases to exist under the rules in which it was chartered, and instead begins to act as an entity outside the populace, with goals and designs of its own - is that not tyranny?

      --
      Learn about Photography Basics.
    347. Re:Oh goody by lwsimon · · Score: 1

      No, it isn't okay. Willfully poisoning people is murder, last I checked - or at least negligent homicide. Both of those things are violence between parties, and fall well within the bounds of government. It isn't good for business, either.

      Now, to split hairs, if a company sold a product called "Poisoned scrambled eggs", and you bought it and ate it... well, neither you nor your heirs have much standing to be upset about.

      --
      Learn about Photography Basics.
    348. Re:Oh goody by spun · · Score: 1

      So you have dozens of wires going to each building? Wasn't that disruptive? I mean, having installations going on like that, all the time, wasn't that a pain in the ass? How do the little ISPs compete with each other, when they all have so much invested in wire, it must be far more expensive than it needs to be. That is the problem with natural monopolies: it is plainly more efficient just to run one big wire than it is to run a dozen little ones.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    349. Re:Oh goody by The+End+Of+Days · · Score: 0, Troll

      I do know the difference between needs and wants. I understand the idea between surviving and living in relative luxury. I also support the idea that the FCC should regulate the Internet.

      I simply hate the sloppy thinking of the entitled legions who "need" everything and "need" it provided to them.

    350. Re:Oh goody by commodore64_love · · Score: 1

      >>>I'm not 100% sure it's worth granting this kind of power to the FCC

      FCC already has the power to regulate telephone companies. So mandating that the phone company provide DSL is not an addition grant of power - it's existing power that the FCC has had since the 1920s.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    351. Re:Oh goody by Anonymous Coward · · Score: 0

      because it's a series of tubes, clearly.

    352. Re:Oh goody by AK+Marc · · Score: 1

      So, by your definition, the recent healthcare bill that was signed into law is socialist?

      Yes and no. It's forced capitalism. Corporate taxation. When the law requires you pay private corporations (as distinct from the government, not private as in not publicly traded), it's something that doesn't fall under socialism because the means of production are under the ownership and control of private corporations, but isn't capitalism because you are forced to spend money on something whether you like it or not. It's a healthcare tax paid directly to corporations. I can't recall any other time when you were required by law to pay a private corporation with no ability to opt out (besides paying a fine).

    353. Re:Oh goody by Nick_13ro · · Score: 0

      Usually there are around 3 ISPs/telcos in an apartment building (in some area with less competition maybe just 2, in others more). It's not disruptive cause they only drill holes and put wires outside the apartment. They connect you only if you sign a contract with them. Besides that average of 3 inside the building there are usually one or more small ISPs that have their switches on the electrical company's poles, in metal boxes on the front of buildings etc. and then they get the wires to your house/apartment through the window. May not be very aesthetic but there's no law against it :) What you say about monopolies being more efficient may be true theoretically, but in practice if given the opportunity most corporations would just sit on their ass collecting a lot more money than they should and not invest in improving the network. Just read here what the american jackass CEO of UPC Romania has to say (in english don't worry): http://www.zf.ro/zf-english/mikaloff-upc-romania-ceo-competition-in-romania-had-become-irrational-4129186/

    354. Re:Oh goody by phlinn · · Score: 1

      Agreed, but only because I think Gonzales vs. Raich (and wickard before that) was wrongly decided. It's too bad scalia is only a fair weather originalist. Or for that matter that the individuals who supported federalism in Gonzales vs. Oregon only do so when it's convenient.

      --
      "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
    355. Re:Oh goody by Compaqt · · Score: 1

      >When there is no Constitutional authority to undertake an action and the federal government does it anyhow, the moral argument need never come into play - if the authority isn't there, it isn't there. When the government ceases to exist under the rules in which it was chartered, and instead begins to act as an entity outside the populace, with goals and designs of its own - is that not tyranny?

      True that.

      In nerd terms, that would be: viruses (lobbies, special interests) have taken over the OS (Constitution), and it needs to be wiped and re-installed.

      Of course, there's a process for installation of authorized service packs (Constitutional amendments), but if the OS is allowed unauthorized applications (unconstitutional laws), it's basically been rooted.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    356. Re:Oh goody by Dishevel · · Score: 1

      All government needs to do in this situation is "stay the hell out." Thats it. If they do that then we can work at more local levels to remove the local government handing out monopolys to these guys so we can get competition. With competition we will have choice. With choice we have power. With Government we have nothing.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    357. Re:Oh goody by swimsy · · Score: 1

      Democrats and Republicans, and politicians in general have demonstrated time and time again they are not capable of managing issues like these.

      Actually, they are managing things quite well and are doing what they are getting paid to do.

    358. Re:Oh goody by Dishevel · · Score: 1

      Actually, it's not a fact. In reality, the governments that give the least tend to control citizens the most. Just look at the less developed countries, where there are often death squads murdering citizens, while providing nothing of value. Or the countries providing many services to their citizens, while the citizens are still firmly in control.

      At what point dose a government that runs around shooting people equate at all with one that dose its best to stay the hell out of peoples lives?

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    359. Re:Oh goody by Red+Flayer · · Score: 1

      You clearly don't understand the concept of a natural monopoly.

      Go ahead, look it up.

      It may be difficult for you to understand, but sometimes regulation is NEEDED to promote a free market. Telco is one of those areas, due to the exorbitant cost of rolling out infrastructure.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    360. Re:Oh goody by spun · · Score: 1

      I did not say monopolies are more efficient. I said that in a natural monopolies situation, a monopoly is more efficient than multiple competing companies. There is a HUGE difference between a government granted monopoly and a natural monopoly, but natural monopolies should be government regulated.

      My question is, who owns the wires from the boxes on the poles to the central telco?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    361. Re:Oh goody by Nick_13ro · · Score: 0

      I did not say monopolies are more efficient. I said that in a natural monopolies situation, a monopoly is more efficient than multiple competing companies. There is a HUGE difference between a government granted monopoly and a natural monopoly, but natural monopolies should be government regulated.

      My question is, who owns the wires from the boxes on the poles to the central telco?

      Government regulation of a monopoly, natural or otherwise, means I would have to trust the government to be able and willing to somehow regulate the price of the service and not give in to whining or bribes. Not to mention get the monopoly to invest in improvements. How did that work out in the US again ? The wires (fiber optics) from the boxes (inside or outside the building) to central and everywhere else are owned by the respective telco. Then there are internet exchanges dealing with the peering among them, such as interlan or ronix. Here: http://netview.interlan.ro/ and here: http://www.ronix.ro/netview/ you can see the traffic in and out for different ISPs. Most are small ones, but you can see romtelecom, the former monopoly there too :)

    362. Re:Oh goody by zero_out · · Score: 1

      I completely agree with this. When Thomas Edison tried to sell his light bulbs, he needed to get electricity into people's homes. He didn't have in mind all the other wonders that would spawn from this utility, which was a regulated monopoly from its birth. Today we have vacuum cleaners, computers, televisions, heart monitors, etc.

      The internet is still a young technology, and we have no idea what will grow from it. I haven't owned a television in over 5 years because I haven't needed one; not when I have broadband internet access. The same thing for snail mail. I stopped using it several years ago when I stopped paying my bills via check, and started using online payment methods. Of the 5 jobs I've had, the last 4 were found on job boards, or the result of a recruiter contacting me about my resume that they saw on a job board. I also do a lot of research online, using government databases. It's been invaluable in my research for a home to purchase (property values / neighborhood statistics, etc), and when defending myself against a scummy landlord.

      To find out what can grow from the internet, we need to recognize it as a utility, and regulate it as such.

    363. Re:Oh goody by spun · · Score: 1

      Ah, but you see, in a natural monopoly situation, there is no way for another company to compete with the first-mover in the market. You either accept government regulation of the monopoly, or you let the monopoly do what unregulated monopolies do: bend you over and rape you. Is that what you want? Fat rich bastards bending you over a fence and raping you?

      In the US, it depends on the state, the locality, and the natural monopoly in question. Some are run as cooperatives, with the board elected by the members. These tend to work very well. Some are privately owned but well regulated by the respective agency. Some regulatory agencies are bought and paid for by the very people they are supposed to be regulating, but in those cases, I blame a less than diligent voting public. If the citizens wanted better regulation, they could fight for it. Who knows? Maybe they like being raped by rich people.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    364. Re:Oh goody by mike1210 · · Score: 1

      Congratulations on linking something completely unrelated to what I am talking about! I was talking about government regulation of business. Is that an index of that? No. Oh well, try again.

      Government regulation of business falls under 'economic freedom', and is one of the measures they use to rank economic freedom, if you had bothered to read.

      Hey, it's the conservative types that love to blow the crap out of people.

      And leftist ideology is all peace, love and non-violence, right? Well, except when you want to buy, sell or trade stuff and produce wealth. Then it's off to the labor and reeducation camps at the point of a gun to be worked to death.

      Besides, your point is stupid since so many wars are fought for oil.

      As evidenced by the US seizing the oil fields in Iraq and selling them off to Exxon.

      Oh, wait.

      Is it government or capitalism when the oil companies pay off so many? I guess there was no capitalism involved with Haliburton getting a no-bid contract out there.

      A government contract is not capitalism.

      The thing you don't get is that government and business is so intertwined, you don't know which is which.

      This is because the government is insistent of regulating and taxing the living shit out of everything people do for profit.

      The government is capable of great good and great evil. So is capitalism.

      So again, let's compare the number of people deliberately murdered by those seeking profit for a company with the number of people murdered by those seeking power for a government.

      So excuse me if I don't mind when the government regulates Internet use but I do mind when we decide to kill people.

      Well, except if those people are "capitalist exploiters" or "wreckers", right?

    365. Re:Oh goody by Nick_13ro · · Score: 0

      Ah, but you see, in a natural monopoly situation, there is no way for another company to compete with the first-mover in the market. You either accept government regulation of the monopoly, or you let the monopoly do what unregulated monopolies do: bend you over and rape you. Is that what you want? Fat rich bastards bending you over a fence and raping you?

      In the US, it depends on the state, the locality, and the natural monopoly in question. Some are run as cooperatives, with the board elected by the members. These tend to work very well. Some are privately owned but well regulated by the respective agency. Some regulatory agencies are bought and paid for by the very people they are supposed to be regulating, but in those cases, I blame a less than diligent voting public. If the citizens wanted better regulation, they could fight for it. Who knows? Maybe they like being raped by rich people.

      I see your point. But luckily telco monopoly here doesn't seem to be all that natural- competition could and did arise and no local or central authority charters monopolies. So there is alternative to both getting raped by rich bastards and trusting regulatory bodies to do their job and not get bought off.

      As for blaming the citizens for not being diligent it's very clear to me that the so called representative democracy doesn't work, never did work, and doesn't have a chance in hell of ever working. So there's no point in blaming the brainwashed, overworked and distracted masses for not doing a job they were incapable of anyway since the place is run by rival mafia families called parties taking turns in collecting most of the protection money while the loser still gets some loot.

      When the system by its nature is giving a huge competitive advantage to those who can obtain the most support from interested third parties there's no possibility of the citizenry getting their way. The only reason democracy is maintained is because there are plenty of naive and stupid plebs believing they have a shot at getting their wishes through it. And while after many years some finally get the picture, all throughout those years there was a new idiot being born every day to be brainwashed.

      What kind of motivator is for an elected official the threat of being fired by the citizens when he can get many times his wage in bribes ? Same goes for the underpaid schmucks in charge of keeping the place clean.

    366. Re:Oh goody by gangien · · Score: 1

      Killing them? If there are truly no regulations, then you are thinking too small.

      How can you kill something else? all the regulation you need is fraud.

      And what prevents you from bribing your customers to not buy from the other guy, like the Intel acts against AMD

      OK and bribing your customers is bad?

      You are thinking too honorably with your ideas of lack of regulation, and not like amoral corporations with no accountability.

      Again, if all contracts are voluntary.. it takes care of itself. I don't have to enter into a contract with GM or Ford or whoever, I choose to. I dont' care that all they want is to maximize the amount of mmoney they take from me, because i'm trying to maximize the amount of car I get out of them :P so we have to agree to a trade.

    367. Re:Oh goody by Grishnakh · · Score: 1

      No, it's not. We don't have cheap cellular access anywhere in the USA, compared to first-world countries like Korea and most of Europe. We also have pathetic coverage. The rural parts of Finland (which are far less densely-populated than most of the rural parts of the USA) have far better cellular coverage, and at a lower price.

    368. Re:Oh goody by Grishnakh · · Score: 1

      Sorry, but power is NOT provided by private enterprise. Here in Arizona, the SRP (our local power company) vehicles have government license plates on them. Every public utility is quasi-government. Even if the ownership is technically private, the operations are completely overseen and regulated by the government. Companies like this might as well be government-owned; it wouldn't make any difference in their effectiveness. They're just like the USPS, except that they're not owned by the government.

    369. Re:Oh goody by mike1210 · · Score: 1

      You apparently don't know who Upton Sinclair was, or why he wrote, or the fact that people have mixed fact with fictional plot lines in order to get certain points across.

      Upton Sinclair was a socialist who wanted a socialist movement in America, and wrote the book to those ends.

      The rending of human flesh wasn't confirmed in the report, but the meat packing companies had been cleaning up for three weeks before the on site inspection began.

      So in other words, you repeated a lie for propaganda purposes.

      Hundreds of federal, state and local government meat inspectors were already employed, and raised no concerns. Thousands of people worked in meatpacking facilities, and countless people toured the ones in Chicago, and raised no concerns. It's said that there is even a report by the Department of Agriculture's Bureau of Animal Husbandry that offered a point-by-point refutation of Sinclair's more outrageous claims, though it seems to have been buried by history, probably for political incorrectness.

      Funny. Popular movements stopped slavery, got women and non-whites the right to vote, stopped the Vietnam War, got us the right to freedom of speech,

      The abolition of slavery and freedom of speech were won with war - Civil and Revolutionary.

      Now try to use your vote to change the shitty treatment you get at the DMV, or remedy the essential seizure of your property because some "endangered" microscopic shrimp were found in a mud puddle. I wonder how voting is working out for Krister Evertson.

      You may literally be too dumb to argue with. Exactly how are you going to deprive your insurance company of profit when they deny your claim to life-saving procedures on technicalities?

      Insurance companies generally have good reasons for denying claims, and they are straightforward about what they will and will not cover. Of course, if your health insurance provider does deny a claim, you can pay for the procedure yourself without being shot, unlike in Canada.

      How are you going to battle Microsoft if they take you to court with a team of lawyers making $10,000 an hour?

      Over what?

      How are you going to sue the coal mine for poisoning your well if there are no environmental regulations?

      Damaging private property is already covered by common law.

      I'd rather deal with my local DMV than Comcast or AT&T or dozens of other companies. Why don't you compare the service you get from the US Military to the kind you receive from Blackwater? Alright, ten times the cost, none of the accountability! Way to go.

      Ordinary people don't receive services from Blackwater. Blackwater caters to governments, and is therefore responsive to their needs, not the needs of ordinary people. Why don't you try giving us a relevant example?

    370. Re:Oh goody by AK+Marc · · Score: 1

      all the regulation you need is fraud.

      Then you don't want no regulation, you want some regulations, but just the ones you want. Any less isn't enough, and any more is too much.

      OK and bribing your customers is bad?

      Yes. If you bribe your customers $1 cash to not buy from the competition, and that payment causes you to lose money and your competitor to lose even more money and you "win" only because you can afford to bribe them longer than your competitor can stay in business, then yes. And if you bribe your customers to kill your competitor, that's bad too.

      Again, if all contracts are voluntary.. it takes care of itself. I don't have to enter into a contract with GM or Ford or whoever, I choose to. I dont' care that all they want is to maximize the amount of mmoney they take from me, because i'm trying to maximize the amount of car I get out of them :P so we have to agree to a trade.

      But without regulation they will lie to you to separate you from your money, and you also ignore the fact that they not only want to harm you (by taking as much money from you as possible for the worst possible product acceptable), but that they will also take acts to harm their competitors.

    371. Re:Oh goody by IgnoramusMaximus · · Score: 1

      Please identify a real world example of a "natural monopoly that exists because of "natural monopoly" conditions, not because of government regulation. I am unaware of any.

      That is because most of such major "natural" monopolies (at least geography based) are pre-empted via the means of "eminent domain". No city today would allow a capitalist to own the only viable land access to it. The local government simply punches a hole through any such attempt to allow the denizens of the city an escape route.

      Without "eminent domain", a wealthy industrialist could simply buy a circle of land around, say, Dallas and demand an astronomical toll to cross it. Such an action would have immediately created a "natural" monopoly, without any recourse on the part of the denizens of the city (note that he would have also owned rights to all air access above his land and tunnels below - today these are again examples of monopoly-busting "eminent domains").

    372. Re:Oh goody by copponex · · Score: 1

      Upton Sinclair was a socialist who wanted a socialist movement in America, and wrote the book to those ends.

      Hey, you read something! Too bad it was after the fact.

      It's said that there is even a report by the Department of Agriculture's Bureau of Animal Husbandry that offered a point-by-point refutation of Sinclair's more outrageous claims... though it seems to have been buried by history, probably for political incorrectness

      Speaking of propaganda...

      The abolition of slavery and freedom of speech were won with war - Civil and Revolutionary.

      So, the principles the army fought for had no prior history as popular movements? I guess the abolitionists and tea partiers and revolutionaries demanding the right to self-rule were just coincidental precursors.

      Now try to use your vote to change the shitty treatment you get at the DMV, or remedy the essential seizure of your property because some "endangered" microscopic shrimp were found in a mud puddle. I wonder how voting is working out for Krister Evertson.

      The federal government oversteps its bounds all the time. It's a flawed human institution, and will always be so. Krister had ten metric tons of sodium metal stored improperly, according to the government. It looks like he got the book thrown at him, and that is unjust, especially since there was no damage to the environment - just the potential. However, it's not unique to governments. Abuses of power occur in the Catholic Church, in corporations, and anywhere humans are. I personally don't like centralized federal governments, but I recognize their necessity for keeping state and local justice systems in line.

      Of course, if your health insurance provider does deny a claim, you can pay for the procedure yourself without being shot, unlike in Canada.

      Using data culled from California's Department of Managed Care’s Web site, the CNA said it found that the state's five largest insurers rejected 31.2 million claims for care from 2002 through June of this year. According to the nurses’ union, PacificCare denied the largest percentage of claims (40 percent), followed by Cigna (33 percent), HealthNet (30 percent) and Kaiser (29 percent).

      http://news.newamericamedia.org/news/view_article.html?article_id=33655d70ff9cd7509f16bfd2bfbafa9f

      The freedom to pay $100,000 to save your newborn infant's life, due to BCBS denying coverage due to preexisting conditions - even though one of the parents had BCBS - is not something I'd be proud of.

      I was unable to find any news articles on Canadians getting shot for paying for medical procedures.

      Over what?

      Over anything they want which you possess.

      Damaging private property is already covered by common law.

      And if a company sucks the aquifer dry that used to supply your farm with water, how are you going to pursue legal recourse? Is the court local and regularly bribed by the company?

      Ordinary people don't receive services from Blackwater. Blackwater caters to governments, and is therefore responsive to their needs, not the needs of ordinary people. Why don't you try giving us a relevant example?

      The answer is in a question: How much are you willing to pay for electricity? How much are you willing to pay for running water? How much are you willing to pay to access the roads you use in order to get to work?

      If those services were privatized, please explain how the prices would go down.

    373. Re:Oh goody by geminidomino · · Score: 1

      That's a lie. There must be a half dozen providers for high-speed Internet service where I live, in podunk Spokane, WA (pop. 205,500).

      Where you live is not where everyone else lives. Here we have the standard two choices for broadband: Centurylink DSL or Comcast Cable. There's a third, local DSL "provider" who just resells Century DSL, subject to the same restrictions that Centurylink may put on their lines (thankfully, currently quite few, although every time that damn company changes names/hands, I worry).

    374. Re:Oh goody by Golias · · Score: 1

      That's not evidence that private enterprise can't do it, merely that it's not allowed to.

      --

      Information wants to be anthropomorphized.

    375. Re:Oh goody by Grishnakh · · Score: 1

      It's not allowed to by the laws of physics, at least until someone can figure out how to transmit large amounts of power wirelessly from the power plant to every customer.

      As long as the power company has to install power lines to get power from the plant to where it's used, and all those lines have to cross government land, and this means it's utterly impractical to have competing power companies, then power companies must be highly regulated monopolies and quasi-governmental entities.

    376. Re:Oh goody by severoon · · Score: 1

      FCC already has the power to regulate telephone companies. So mandating that the phone company provide DSL is not an addition grant of power - it's existing power that the FCC has had since the 1920s.

      Hm...yes, what you say is correct, no doubt. What I'm getting at, though, is that regulating the technology and regulating information and access to information are two different things. In terms of regulating traditional telephony, these are private communications. The FCC's main charter here is to promote competition, not regulate content. The FCC's regulation of the public airwaves (radio and TV broadcast, not telephone companies), on the other hand, is more in line with this discussion about the web.

      It is here we find ourselves in the area of broadcast regulation where my problem with the FCC's power begins. If the FCC had stuck to regulating technology and not content, then Carlin's Seven Dirty Words routine would never have been created. They did expand into the content regulation business at some point, however, and my comment is based on the premise that a similar expansion of power into the content of the web is reverse progress. (I think we need to pull them back from regulating broadcast content as well.)

      If we acknowledge this expansion of power into regulation of web content—whether they are for or against it—their authority in this area is established. Do we want that? Do we mean to purchase net neutrality today, but in exchange we give over ultimate, long-term authority to the FCC of tomorrow? Or is it important enough to us to make freedom of information a cornerstone that resides independent of the FCC, like, for example, our library system?

      --
      but have you considered the following argument: shut up.
    377. Re:Oh goody by Golias · · Score: 1

      As long as the power company has to install power lines to get power from the plant to where it's used, and all those lines have to cross government land

      Only so long as government is a significant land owner. Some people believe it ought not be.

      --

      Information wants to be anthropomorphized.

    378. Re:Oh goody by Grishnakh · · Score: 1

      Are you one of those stupid people who thinks every road should be a toll road, and every place should be private property, so that you have to pay a tool to go anywhere outside your home, including to the courthouse?

      You're probably also one of those morons who thinks there shouldn't be any public parks.

    379. Re:Oh goody by dangitman · · Score: 1

      At what point dose a government that runs around shooting people equate at all with one that dose its best to stay the hell out of peoples lives?

      Are you fucking retarded? It's the lack of government that leads to the death squads. If you had basic intelligence, you would understand that, because you'd be able to read and spell.

      --
      ... and then they built the supercollider.
    380. Re:Oh goody by gangien · · Score: 1

      Then you don't want no regulation, you want some regulations, but just the ones you want. Any less isn't enough, and any more is too much.

      If you consider contract enforcement, regulation, then sure.

      Yes. If you bribe your customers $1 cash to not buy from the competition, and that payment causes you to lose money and your competitor to lose even more money and you "win" only because you can afford to bribe them longer than your competitor can stay in business, then yes. And if you bribe your customers to kill your competitor, that's bad too.

      So one company can offer a product for a lower price than the other company, and that kills the other company? Sounds fine to me.

      But without regulation they will lie to you to separate you from your money, and you also ignore the fact that they not only want to harm you (by taking as much money from you as possible for the worst possible product acceptable), but that they will also take acts to harm their competitors.

      Again with the contract enforcement, none of this is much an issue.

    381. Re:Oh goody by AK+Marc · · Score: 1

      If you consider contract enforcement, regulation, then sure.

      Nothing in what I said had anything to do with contract enforcement, but even if that's all you want, that still means they can drive onto your property and dump toxic waste, right? That doesn't violate a contract...

      So one company can offer a product for a lower price than the other company, and that kills the other company? Sounds fine to me.

      Again, not related to what I said. I didn't say anything about the price of the products. I guess when you don't even read anything that you think you might disagree with and then spout your canned talking points without regard to the topic, it's easier to consider your arguments infallible.

      Again with the contract enforcement, none of this is much an issue.

      I said nothing about contract enforcement. I was talking about motivations. You claimed that everyone wants the same thing, and I claim that's only true if you like to take it up the ass. Since you didn't disagree, I'll take that to mean you like a good anal fuck at the hands of corporations. After all, as long as they can properly deceive you before and during the signing of the contract, you'll happily abide by it to great harm to yourself, right? After all, that's the contract enforcement they are looking for.

    382. Re:Oh goody by mike1210 · · Score: 1

      So, the principles the army fought for had no prior history as popular movements? I guess the abolitionists and tea partiers and revolutionaries demanding the right to self-rule were just coincidental precursors.

      My point is that both were achieved through war, not through voting.

      The federal government oversteps its bounds all the time. It's a flawed human institution, and will always be so. Krister had ten metric tons of sodium metal stored improperly, according to the government.

      The sodium metal was completely enclosed in 3/8 inch thick reinforced stainless steel containers that an expert witness said could safely contain it "indefinitely". It was stored under lock and key.

      It looks like he got the book thrown at him, and that is unjust, especially since there was no damage to the environment - just the potential. However, it's not unique to governments. Abuses of power occur in the Catholic Church, in corporations, and anywhere humans are. I personally don't like centralized federal governments, but I recognize their necessity for keeping state and local justice systems in line.

      The potential for and damage caused by abuses of power in government is far greater than that caused in churches and private organizations.

      The freedom to pay $100,000 to save your newborn infant's life [cbsnews.com], due to BCBS denying coverage due to preexisting conditions - even though one of the parents had BCBS - is not something I'd be proud of.

      But they were able to obtain the needed surgery, and BCBS now says they will cover the infant.

      I was unable to find any news articles on Canadians getting shot for paying for medical procedures.

      What happens when you set up a private medical clinic in Canada, accept private payments in "violation" of their "laws", and then rightfully defend yourself when the government comes in to shut you down?

      Over anything they want which you possess.

      And Microsoft isn't making an offer to buy it because...?

      And if a company sucks the aquifer dry that used to supply your farm with water, how are you going to pursue legal recourse?

      You sue them.

      Is the court local and regularly bribed by the company?

      How many local courts are bribed by large companies?

      The answer is in a question: How much are you willing to pay for electricity? How much are you willing to pay for running water? How much are you willing to pay to access the roads you use in order to get to work?

      If those services were privatized, please explain how the prices would go down.

      Prices would behave in much the same manner as in any other reasonably free market. Some would go up because the prices would no longer be artificially low due to political control, and some would go down due to increased competition.

  2. Bah by Anonymous Coward · · Score: 0

    Humbug, I need no network neutrality. I have newsgroups.

    1. Re:Bah by maxwell+demon · · Score: 1

      Until your NNTP traffic gets limited to one bit per second ...

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Bah by Anonymous Coward · · Score: 0

      Humbug, I need no network neutrality. I have newsgroups.

      Network neutrality = not blocking connections on port 119.

  3. misplaced priorities by KingAlanI · · Score: 1

    and yet, they probably shall maintain the authority to 'regulate' 'Foul Language'. :(

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    1. Re:misplaced priorities by BJ_Covert_Action · · Score: 1

      Sorry, but I think I am missing something. What government body, precisely, regulates your use of foul language?

      Or maybe you were implying that Comcast does? I suppose they censor it on their cable channels, but if I Google, 'fuck,' on a Comcast connection, I find plenty of foul language.

      Furthermore, I am pretty sure you can and do have every right to walk into Comcast's local office and say, "Fuck you and your non-neuatral internet," right to their face.

      To my knowledge, nobody regulates foul language these days. I would be very interested in knowing if someone did though.

    2. Re:misplaced priorities by commodore64_love · · Score: 1

      >>>To my knowledge, nobody regulates foul language these days

      The FCC forbids the use of foul language on broadcast, over-the-air television and radio. Also nudity (not allowed) on the grounds that it would be easy for a child to turnon an antenna-equipped TV or radio and see/hear something they should not be exposed too.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:misplaced priorities by Khisanth+Magus · · Score: 1

      Any attempts to use certain words over airwaves is fined very heavily by the FCC.

    4. Re:misplaced priorities by Alinabi · · Score: 1

      What government body, precisely, regulates your use of foul language?

      That would be the FCC

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    5. Re:misplaced priorities by Anonymous Coward · · Score: 0

      Good thing Comcast is a cable company so your point mute.

    6. Re:misplaced priorities by vlm · · Score: 1

      Furthermore, I am pretty sure you can and do have every right to walk into Comcast's local office and say, "Fuck you and your non-neuatral internet," right to their face.

      Actually, no. Disturbing the peace, that'll probably be a municipal ticket, perhaps a misdemeanor if you're really obnoxious.

      http://en.wikipedia.org/wiki/Disturbing_the_peace_(crime)

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    7. Re:misplaced priorities by BJ_Covert_Action · · Score: 1

      Oh, on broadcast. That makes more sense then. I thought he was trying to say that some entity regulates the use of foul language by citizens in general.

    8. Re:misplaced priorities by BJ_Covert_Action · · Score: 1

      That's rich. I've been in any number of service providers offices and watched pissed off customers do a lot more than say, "Fuck your company." I watched a man rant at the Charter customer service folk for an hour. I've seen two women repeatedly call an AT&T receptionist stupid and useless. I've seen folks at a doctor's office use any number of slurs, swears, and other colorful language over having to wait too long. Never once was a local authority called in unless the pissed off customer started to get violent or make threats. I suppose things may vary in whatever city/state you live in. But I know here in California that if you honestly fear getting a ticket for using, 'inappropriate,' language your probably just being paranoid.

    9. Re:misplaced priorities by vlm · · Score: 1

      Well, lets just be realistic here. If you have a tough skin, and you can document that the customer was abusive thus explaining your long call time, even better if you get to record their foul language, and you're paid by the hour, why not play solitaire on the computer while customer rants? If you boot him, you might get someone whom will make you actually work.

      The other thing is you'd be amazed what low level folks can do to someone whom is rude to them. There is probably a very simple practical reason why someone whom is a jerk seems to have such unusually bad luck. God only knows what people like that are eating after they give their waiter or deli clerk a rough time. A receptionist can really make your life a living hell, if she wants, especially if she learns you have an important time commitment real soon. "Sir, your paperwork/account seems to have been lost. Could you fill that out again in quadruplicate and we'll start over."

      The reason type "A" (ahole) folks die young isn't some mysterious medical thing, its folks F-ing with them to get them to blow a gasket. I've never personally been involved, but I've heard of riled up customers dying while ranting. Probably just urban legend.

      I don't know if you've ever worked a "trouble ticket" job, but most places I've been, the front line folks find it absolutely hilarious to document in the ticket exactly what abusive customers say, and then cut and paste and email to approx half the world for the LOLs. People frothing at the mouth are generally pretty funny, in or out of context, once their brain stops working and they start ranting.

      The fact that they don't call the cops every time, does not mean the laws don't exist...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
  4. A more accurate summary... by DesScorp · · Score: 1, Insightful

    ... would be "The government's policy suffered a setback today". Not everyone agrees on what Net Neutrality even is, whether or not to support it as envisioned.

    --
    Life is hard, and the world is cruel
    1. Re:A more accurate summary... by squ3lch · · Score: 1

      This.

    2. Re:A more accurate summary... by BobPaul · · Score: 2, Insightful

      And the policy in question is "Net Neutrality"... so I fail to see how you offer a more accurate summary. All you've done is add an unnecessary level of abstraction.

    3. Re:A more accurate summary... by Monkeedude1212 · · Score: 1

      I think everyone can agree that the subject in question (all information being treated equally) is a very big part of Net Neutrality.

    4. Re:A more accurate summary... by 0xdeadbeef · · Score: 1

      What government are you talking about?

    5. Re:A more accurate summary... by commodore64_love · · Score: 1

      For me net neutrality is being able to visit rushlimbaugh.com or rachelmaddow.com without my ISP blocking me, or charging an extra fee. i.e. All websites should be treated equally.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:A more accurate summary... by eclectro · · Score: 1

      Not everyone agrees on what Net Neutrality even is, whether or not to support it as envisioned.

      Because it's a giant marxist conspiracy to have the government control what is said on the internet??. Either that or Rupert Murdoch must be rubbing his hands in glee as his plot to control the internet comes to fruition as net neutrality suffers a defeat.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    7. Re:A more accurate summary... by megamerican · · Score: 1

      I think everyone can agree that the subject in question (all information being treated equally) is a very big part of Net Neutrality.

      I would certainly hope not. Why shouldn't VOIP and traffic from playing video games be given higher priority than, say, bittorrent traffic?

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    8. Re:A more accurate summary... by vlm · · Score: 1

      I think everyone can agree that the subject in question (all information being treated equally) is a very big part of Net Neutrality.

      Totally wrong.

      Information can be encrypted so no one can figure out what it is, its just a matter of convenience that we don't.

      The key to net neutrality is treating the sources and destinations equally.

      For example, no accepting bribes from one bookseller to ruin the connections with a competing bookseller. Or ruin connections to an independent voip provider so as to sell your own voip product. Or ruin connections to the demo-pulicans website the night before elections.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    9. Re:A more accurate summary... by Dragonslicer · · Score: 1

      Why shouldn't VOIP and traffic from playing video games be given higher priority than, say, bittorrent traffic?

      It can be. That has nothing to do with Net Neutrality though.

    10. Re:A more accurate summary... by Anonymous Coward · · Score: 0

      Rupert Murdoch must be rubbing his hands in glee as his plot to control the internet comes to fruition as net neutrality suffers a defeat.

      This is indeed what I would suspect. And we'll all be buying internet like we buy Cable TV. I get Disney, and CondeNast, and the WSJ, and anything on GoDaddy...

    11. Re:A more accurate summary... by JesseMcDonald · · Score: 1

      The government's policy is (one form of) "Net Neutrality", but "Net Neutrality" does not necessarily refer to the government's policy, so the original headline was ambiguous.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    12. Re:A more accurate summary... by Zxern · · Score: 1
      Nothing.

      Net neutrality isn't about that. It's about Comcast slowing down Skype VOIP packets in favor of Comcast VOIP packets or say slowing down Netflix packets in favor of Comcast on demand service.

      If you want to give VOIP packets a higher priority than bittorent fine, but you can't just give do it just for your VOIP you have to do it for all VOIP traffic.

  5. Well... by Anonymous Coward · · Score: 0, Interesting

    That sucks. Though couldn't there be some argument about whether or not the companies are selling Internet access if they're only allowing you access to parts, slowing others down, etc.?

    1. Re:Well... by Anonymous Coward · · Score: 0

      That's a fucking huge-ass font

    2. Re:Well... by Anonymous Coward · · Score: 0

      that's a fucking huge ass-font

      FTFY, XKCD, RTFW.

  6. Meme by TheWizardTim · · Score: 3, Interesting

    Step 1. Send a letter to your ISP asking them to filter your access by a defined criteria.
    Step 2. Wait to get content that you requested filtered.
    Step 3. ??????
    Step 4. Profit.

    If they can filter content, based on whatever they want to do, they lose their common carrier status, and are now responsible for all content passed over their networks. If you get a spam message that you did not want, you can sue, at least in a perfect world. I am sure they will get out of it somehow.

    1. Re:Meme by guamisc · · Score: 1

      They are not common carriers.

    2. Re:Meme by vux984 · · Score: 5, Insightful

      If they can filter content, based on whatever they want to do, they lose their common carrier status,

      Lose what? They don't have common carrier status. They never were common carriers.

      In fact they have lobbied and fought hard to AVOID getting common carrier status. Being a common carrier would expose them to regulatory oversight they DO NOT WANT. And would limit them from doing certain types of Deep packet inspection, traffic shaping, etc, etc, that they DO WANT.

      and are now responsible for all content passed over their networks.

      Except libel and slander because they are exempted from respoonsibility in the communications decency act. Except Copyright infringement because they are protected provided they follow DMCA takedown requests. And so on.

      I am sure they will get out of it somehow.

      Of course they will. By and large they already have.

    3. Re:Meme by DragonWriter · · Score: 1

      If they can filter content, based on whatever they want to do, they lose their common carrier status

      ISPs don't have common carrier status or the various obligations that go with that (net neutrality parallels some of those obligations), which is one reason why telcos want to be ISPs more than they want to be telcos.

      They do separate from common carrier status have many of the same kinds of protections granted to common carriers, as a result of lots of lobbying, but without the conditions that go with that for common carriers.

    4. Re:Meme by TheWizardTim · · Score: 2, Interesting

      In which case, it is time to have a public utility internet access, run by the local/state/federal government. Like Finland, we need to get a law passed that says people have the right to 1/10/100 mb access to the net. In the past, the US government had to step in to get companies to provide phone and power to rural locations in the US. The same needs to be done for high speed internet access, but not just limited to rural locations. Everyone in the US should be able to access the net at a high speed. As we move more and more functions of the government and business to the net, people need equal access.

      Like the roads, power, phone, water, garbage collection, natural gas, and others, the Internet has to become a public utility, and companies that want to provide access need to be regulated as such.

    5. Re:Meme by Matt+Perry · · Score: 1

      If they can filter content, based on whatever they want to do, they lose their common carrier status, and are now responsible for all content passed over their networks.

      They don't have common carrier status in the first place. It's a common assumption, but incorrect.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    6. Re:Meme by Anonymous Coward · · Score: 1, Interesting

      I agree with you about how this only strengthens the argument for public internet.

      There's three ways of approaching this if this ruling stands:

      1. To basically say "you are stifling competition by engaging in this sort of behavior" and sue ISPs under antitrust law.
      2. To say "there is insufficient competition" and introduce public utility internet.
      3. To say "fine--you can regulate your traffic as you like, but if you can do that, you're responsible for all content appearing as such."

      The grandparent post is a little accurate and a little inaccurate in how it portrays this. If the ISPs are essentially saying they are responsible for regulating their own content, it opens up a crapload of liability issues. I only hope they get sued into oblivion in that case.

    7. Re:Meme by CannonballHead · · Score: 1

      Like the roads, power, phone, water, garbage collection, natural gas, and others, the Internet has to become a public utility, and companies that want to provide access need to be regulated as such.

      You say everyone in the US should be able to access the net at high speed... with no qualifications. And yet, roads/power/phone/water/garbage collection/natural gas are NOT available everywhere. Let's say I have a 1 mile private road into my 200 acre ranch. Where does the phone company have to run wires? Does garbage collection have to get to my house?

      Perhaps you mean internet access, power, roads, phone, water, etc., at public access locations... e.g., wherever I can put a mailbox I should be able to get high speed internet, perhaps. Or garbage collection, etc.

      That's a big deal. Why? Because some people live on HUGE ranches and have to drive just to get to a public road. I see no reason they should expect to get high speed internet access more or less at taxpayer expense. They've chosen to live in a remote area far away from public utilities, probably have their own well, generator, solar power, or paid for it themselves...

      I know it's not your main point, but it seems the government likes making these "holes" too ;) and then wasting taxpayer money filling them.

    8. Re:Meme by vux984 · · Score: 1

      In which case, it is time to have a public utility internet access, run by the local/state/federal government.

      I'm the poster you responded to, and I agree. I don't know that internet needs to be a 'public utility' (ie run by the goverment) but it definitely SHOULD be a common carrier with government regulatory oversight at the very least.

      I was simply pointing out that they are not, and that its absurd to suggest that they would be afraid of 'losing' that status, when they don't in fact have it, and are working hard to avoid getting it.

    9. Re:Meme by blitzkrieg3 · · Score: 1
      Indeed, it is the case that "they don't have common carrier status." This is explicitly mentioned in the article:

      The cable company had also argued that the FCC lacks authority to mandate Net neutrality because it deregulated broadband. The FCC now defines broadband as a lightly regulated information service. That means it is not subject to the obligations traditional telecommunications services have to share their networks with competitors and treat all traffic equally.

      The best part is that the decision may cause "the agency [to] simply reclassify broadband as a more heavily regulated telecommuniciations service." In that respect, Comcast has dug its own grave, as well as those of several others, Time Warner, Cablevision, Verizon to name a few.

    10. Re:Meme by TheWizardTim · · Score: 1

      Why didn't you build your house next to the road? If you place your house 1 mile from the public road, then yes, I would agree that you should cover the cost of running the cables/pipes to your house from the street. If you choose to live out there, you should still have access to at least the edge of your land.

    11. Re:Meme by dangitman · · Score: 1

      So, what if the owner of a huge piece of land sells a small block of it, 3 miles in, to a homeowner? Should the cables and pipes then be run to the edge of this property, even though it is even further away than the original house that was only 1 mile from the edge of the property?

      --
      ... and then they built the supercollider.
    12. Re:Meme by TheWizardTim · · Score: 1

      I bet that the purchaser would get an easement.

      http://en.wikipedia.org/wiki/Easement

      Now, because it is private land, they would have to spend the money themselves to run cable/pipe and build a road, but the easement would allow them to do so on someone's land.

      The next question would be, why would you buy a house that you can't get to from a public road, that has no power, or phone, unless you know that going in?

      In the 80s people had to be hooked up to cable for the first time, by digging trenches in the streets, and yards to hook up the new technology. Now all homes have all the connections built in.

    13. Re:Meme by CannonballHead · · Score: 1

      Then the mandate that ALL Americans have access to broadband needs to have limitations.

      And, furthermore, it is not a right in the same way other rights (e.g., the right to pursue happiness) are thought of. If it's a right to have broadband then I should get it anywhere I live in the US, just like I can pursue "happiness" anywhere in the US. Of course, that pursuit may not work everywhere ;)

      Unfortunately, most people view rights as something you should receive no matter who you are or where you live... so if broadband is a right, then the interpretation is that I should get it in the middle of the woods in my cabin, 5 miles from the nearest public road; otherwise, you are denying me my right and I have to rely on corporations to provide it.

      I may be confusing ideas of "rights" and whatnot, but I think the majority of people are confusing those, these days... e.g., the right to free health care; but what if you chronically eat McDonald's, transfats, and everything else known to be bad; why should I, the taxpayer, pay for your negligence of your health? I see no reason you have the right to my money to pay for the consequences of your negligent eating. I'm not talking about eating disorders here, FWIW.

    14. Re:Meme by TheWizardTim · · Score: 1

      Um, no. If you live a few miles outside of town, I don't mind paying with my taxes for you to get water/power/mail/phone/internet. If you movie to the middle of nowhere and can only access your place by ice road or airplane, well, some people can't be helped.

      I don't have a problem paying for others health care. I do it anyway. People go to the ER when the problem is at it's worse, and it costs us all a lot more. I would rather have a doctor telling that person who eats McDs too often they need to stop it, then wait for them to have a heart attack and pay for the treatment. In fact because my brother did not have insurance (he was switching jobs) he did not get a chest x-ray when he should have. He was working as a chef, was 34 and in good health. Too bad he had lung cancer, and by the time he had enough pain to go to the ER it was too late to treat. He died 6 months later.

      So as citizen of the United States of America, I am willing to pay for your health care and the health care of your family. I don't want you to go through the pain of losing a family member like I did.

  7. standard reply... by rob13572468 · · Score: 2, Funny

    all your tubez are belong to comcast...

  8. since the FCC likes to use telephone comparisons by Anonymous Coward · · Score: 2, Interesting

    Isn't this P2P blocking bit, a little like allowing AT&T arbitrarily and capriciously to prevent you from calling anyone in Chicago (not that it would be a bad thing)?

  9. What now? by spleen_blender · · Score: 0, Troll

    We're so screwed. All politicians are so technologically ignorant they can't tell when a lobbyist is lying to them, and even if they could tell many wouldn't care.

    I am moving the hell out of this country ASAP. Day after day its just worse news. US is going to have some massive brain drain soon, I predict.

    1. Re:What now? by DesScorp · · Score: 1, Insightful

      "We're so screwed. All politicians are so technologically ignorant they can't tell when a lobbyist is lying to them, and even if they could tell many wouldn't care."

      Or perhaps they understand that government shoudn't be micromanaging ISP's.

      "I am moving the hell out of this country ASAP. Day after day its just worse news. "

      No you're not. Like the people that screamed about how they'd move to Canada or New Zealand in 2004 if Bush won re-election, you're going to stay right where you are and bitch some more on the Internet.

      "US is going to have some massive brain drain soon, I predict."

      I'll take that bet. Where's all this talent going to go? Bastions of Internet freedom like... China? How about Europe, where governments are increasingly using technology to snoop on every aspect of the lives of their citizens and subjects? But hey, lets leave America because Comcast is throttling bandwidth when we're downloading illegal movie torrents. See ya. The airline ticket counter is that way.

      --
      Life is hard, and the world is cruel
    2. Re:What now? by Anonymous Coward · · Score: 0

      Digital Economy Bill, ACTA, etc.

    3. Re:What now? by commodore64_love · · Score: 1

      >>>I am moving the hell out of this country ASAP. Day after day its just worse news.

      If you were thinking about moving to Europe, you might want to think again because I've been following EU politics and their leaders seem to be making a lot of dumbass, US-style decisions too.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:What now? by Ltap · · Score: 3, Insightful

      That's a ridiculous generalization. You speak of Europe like it's a homogenous entity. In reality, only a handful of countries are even thinking about what you're suggesting, and most of those are just simple corruption and greed (see: Italy) rather than anything major. Scandinavian countries are still largely separate from the stuff that's been going on in the west.

      Also, eastern europe is pretty much a dark spot - does anyone know if there is filtering or throttling there, and, if so, how much?

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    5. Re:What now? by mschuyler · · Score: 1

      Mod parent up. Where are you going to go? Any technologically advanced country is just as bad as here vis-a-vis government intrusion. There's no place left to go. Perhaps you could move to a failed state like Mexico or Somalia where they have pretend governments, but then your net access isn't so reliable--and neither is your personal safety.

      Of course, there's always Wyoming.

      --
      How about a moderation of -1 pedantic.
    6. Re:What now? by spleen_blender · · Score: 1

      Scandinavia. I'd recommend modding parent down, but I'm just some reactionary, apparently.

    7. Re:What now? by spleen_blender · · Score: 1

      Pirate party has seats in Parliament in both EU and Sweeden. I already have job offers in Sweeden. I think I'm going to do a lot better there than here.

    8. Re:What now? by Microlith · · Score: 1

      Or perhaps they understand that government shou[l]dn't be micromanaging ISP's.

      I know, Government's right place is helping ISPs destroy the internet and screw the citizens of this nation. Right.

    9. Re:What now? by DesScorp · · Score: 1

      "That's a ridiculous generalization. You speak of Europe like it's a homogenous entity."

      With the creation of the European Union, and creeping loss of sovereignty of the member nations, you don't think Western Europe is becoming more homoginzed?

      "In reality, only a handful of countries are even thinking about what you're suggesting, and most of those are just simple corruption and greed "

      Of course it's corruption and greed, but not for money... corruption of power, and the greed for more of it. Because that's what large government entities lust after; ever more amounts of power.

      You're right in that there's definitely a difference in attitudes between East and West Europe. In the East, memories are still fresh of the Soviet boot. But in the West, the trend is clear; ever more nannying by their governments for "the public good", through technological and other means. Surveillance cameras in British trashcans, anyone?

      --
      Life is hard, and the world is cruel
    10. Re:What now? by daveime · · Score: 1

      Learning how to spell Sweden properly would be a good start to the immigration process.

    11. Re:What now? by lorg · · Score: 1

      The Pirate Party does NOT (yet, elections this fall) have any seat in parliament (riksdagen) in Sweden. They did get seat(s) in the EU in the swedish election to the EU parliament but that is not the same election as for national parliament.

    12. Re:What now? by copponex · · Score: 1

      where governments are increasingly using technology to snoop on every aspect of the lives of their citizens and subjects

      Fuck me. Is the PATRIOT ACT just a figment of my imagination? The difference is that America denies it is doing any packet inspection, while in other countries they admit to it. Which one do you think is more dangerous?

      No you're not. Like the people that screamed about how they'd move to Canada or New Zealand in 2004 if Bush won re-election, you're going to stay right where you are and bitch some more on the Internet.

      My flight out is this month. Not everyone was kidding.

    13. Re:What now? by spleen_blender · · Score: 2, Funny

      Yeah, sorry I double tapped the 'e'. I have a sensitive keyboard. I'll go back to feeling inferior to you now, if that is acceptable.

    14. Re:What now? by Anonymous Coward · · Score: 0

      There's always Canada. And with Global Warming, lots of oil, stable banks, leashes on lawyers, et cetera, people may be hammering on the doors to get in there in the near future.

    15. Re:What now? by Anonymous Coward · · Score: 0

      I'm living in the Netherlands. Politicians here are trying to implement a child porn filter because they want to 'think of the children'. I think it's only a matter of time before it will be abused by someone to censor other stuff.

      Our politicians are corrupt? No. Foolish? Yes they are.

    16. Re:What now? by daveime · · Score: 1

      I hate to call you out on this, but ... had the 'e' on your keyboard really been sensitive, surely your post would have read ...

      "Piratee party has seeats in Parliament in both EU and Sweeden. I alreeady havee job offeers in Sweeden. I think I'm going to do a lot beetter there than heeree."

      As it was, you only managed to double tap the 'e' on the word Sweeden ... TWICE !!!

      You spell words as they sound, so yes, you probably are inferior to me, and you can go back to feeling that way at your leeisure.

    17. Re:What now? by spleen_blender · · Score: 1

      gj on your thorough analysis. Very productive. I'm proud to be in your presence.

    18. Re:What now? by Anonymous Coward · · Score: 1, Informative

      Speaking from north/east europe, ex-ussr here (baltic states).

      We don't have much (visible) filtering here, although every now and then some local equivalent to riaa jumps out of a box and tries to get youtube blocked (seriously).

      Throttling - that's harder to measure. My friends, who live in more urban areas, claim movie downloads in 15 minutes, so i suppose our isps are mostly usable :)

      On the other hand, I always have to smile when seeing the word "tethering". It doesn't make any sense and sounds more like "feathering". Basically, we use our devices in any way we like (or more like it, any way the stupid firmware allows to).

      Summary - while east/northern corner of Europe might be even in a better situation than USA regarding internet access, there are greedy bastards working to get us down to your level, and maybe even below.

    19. Re:What now? by Gogo0 · · Score: 1

      too bad i wasted all my mod points yesterday

      +5 nicely done

    20. Re:What now? by Anonymous Coward · · Score: 0

      WHAT!? Europe *isn't* a holographic enema? Damn! Now I'll have to send back all those mirrors and hoses to Edmund Scientific..

    21. Re:What now? by Ltap · · Score: 1

      I'd hesitate to include Britain with continental Europe. The two are very different places.

      Also, besides France and Italy (and Germany's censorship which will probably manifest itself in a filter soon), who else has filters? It's not the entirety of Western Europe - not Ireland, not Spain, not Belgium, not Switzerland, not Holland...

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
  10. So... by hoytak · · Score: 2, Insightful

    (possible lost profits from complying with net neutrality) > (potential financial benefits as proposed by FCC)? Are there some bargaining chips still on the table? Or is it just about "freedom of doing business how we want to"?

    And yeah, I assume the "benefits" implied by the article -- funds for improving internet to rural areas -- are peanuts to comcast...

    --
    Does having a witty signature really indicate normality?
  11. This is terrible news...but here's the doc by elohel · · Score: 4, Informative

    But what should we expect when politicians are bought and sold and when an actual value can be placed on the price of integrity and transparency. I could rant, but what good would it do? Here's a link to the official ruling from wired.com: http://www.wired.com/images_blogs/threatlevel/2010/04/comcastdecision.pdf

    1. Re:This is terrible news...but here's the doc by idiotnot · · Score: 1

      Yep. Mod up, please. No dissension among the three judges, meaning probably no en banc review. FCC overstepped its authority. Congress can fix this pretty easily, but I doubt they will. The communications industry has too much influence in the Democratic Party. Look at the DTV delay, which primarily benefited on cellular provider. The cellular companies have big interests here; it's not just cable companies.

    2. Re:This is terrible news...but here's the doc by Reality+Master+101 · · Score: 4, Insightful

      Sheesh, forget your drama queen pills this morning?

      There is nothing terrible about this decision, because this decision has nothing to do with net neutrality. It was a decision about whether a government agency has carte blanche to do whatever the hell it wants without any congressional oversight, much less voter oversight.

      Please, get a clue. Anyone with a brain does NOT WANT GOVERNMENT AGENCIES HAVING UNLIMITED POWER, even if they do things you like. They next decision might be something you don't like, and you won't have any way to stop them.

      If you want net neutrality, then fine, get the government to pass a law. That's the way we do things in a representative democracy. We do NOT want government by executive order.

      --
      Sometimes it's best to just let stupid people be stupid.
    3. Re:This is terrible news...but here's the doc by RyuuzakiTetsuya · · Score: 1

      I really do think that the Bureau of Indian Affairs should have unlimited power. if only to see what would happen from then on.

      --
      Non impediti ratione cogitationus.
    4. Re:This is terrible news...but here's the doc by Anonymous Coward · · Score: 0

      Remove the filibuster and then we'll talk about this philosophy.

    5. Re:This is terrible news...but here's the doc by The+End+Of+Days · · Score: 1

      Everyone hates the filibuster when their party is the one in power. It's such a fucking cliche.

    6. Re:This is terrible news...but here's the doc by Zxern · · Score: 2, Insightful

      I'd be happy if they just went back to the old system where if you wanted to filibuster you had to stand up and talk non stop.

    7. Re:This is terrible news...but here's the doc by Anonymous Coward · · Score: 0

      right. we want a government with executive agencies that were carefully thought out and given very precise charters. umm like the fcc.

    8. Re:This is terrible news...but here's the doc by dynamo52 · · Score: 1

      Everyone hates the filibuster when their party is the one in power. It's such a fucking cliche.

      True but this congress has used the filibuster for solely political purposes and far more often than any congress in history. When a bill to extended unemployment insurance passes with a 98-0 vote after Dems overcame the filibuster it is obvious that the Republicans are being purely obstructionist and at the country's expense.

      --
      Like this comment? I accept Bitcoin! - 153sc8UUBXyp12ofQqfAWDmJrzyiKCYC1x
    9. Re:This is terrible news...but here's the doc by FallenTabris · · Score: 1

      There is nothing terrible about this decision, because this decision has nothing to do with net neutrality. It was a decision about whether a government agency has carte blanche to do whatever the hell it wants without any congressional oversight, much less voter oversight.

      And since when is an agency regulating what it was meant to--not what consumers are allowed, but the level of service offered to the the consumer--government by executive order? Broad strokes to say the FCC would have "carte blanche", and even if they did in this regard, so what? It's not as if this would give the FCC some outlandish power to "regulate the internet" and force ISPs to filter certain information or somesuch. How could any consumer be harmed by such regulation when the targeted entities are corporations, not consumers? In a market as consolidated as the US, it's quite the opposite--the consumer's vulnerable without such regulation. I'd listen to the man who created the world wide web, Tim Berners-Lee, on the matter: http://dig.csail.mit.edu/breadcrumbs/node/144

      We do NOT want government by executive order.

      An executive order? I wish.. Obama spoke about net neutrality when he was running, but the issue was seemingly dropped from his roster of concerns.

    10. Re:This is terrible news...but here's the doc by phlinn · · Score: 1

      Unfortunately, the only measurable statistic i've found is number of cloture votes. Which could be called because the minority is filibustering OR because the majority doesn't want to bother letting them get a word in edgewise. It's not really separable. In part because one man's filibuster is another mans full debate.

      --
      "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
  12. Did you hear that? by calibre-not-output · · Score: 2, Insightful

    It's the sound of the FCC never having anything to do with regulating the Internet to begin with. If someone says that the FDA doesn't have the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks, will that also be a major setback for Net Neutrality?

    --
    Nothing lasts forever but the certainty of change.
    1. Re:Did you hear that? by trurl7 · · Score: 1

      FCC - Federal Communications Commission

      I take your point - what passes for content on the Intertubes can hardly be defined as "communication", nevertheless, which part of the "communication" confused you?

    2. Re:Did you hear that? by BobPaul · · Score: 1

      The FCC has the power to regulate the companies that are supplying last mile to consumers. I understand what you're saying as a general view, and it would seem the court agrees with that view, but there is sense to the FCCs position. They regulate the cable companies. They regulate the phone companies. The phone and cable companies supply internet to users.

    3. Re:Did you hear that? by MindlessAutomata · · Score: 1

      So you're saying that since it has "Communication" in the name, it has free reign to decide over all matters of communication? I suppose, then, that you feel the FCC is entirely within its right to dole out fines and restrictions that censor the airwaves as well...? After all, that falls under "communication."

      If you reject that argument, and want to claim there are limits to what the FCC can do, then you have to reject that naive argument that merely having "Communications" in the acronym does not give the FCC license to do just anything with "communications" media.

    4. Re:Did you hear that? by Monkeedude1212 · · Score: 1

      It's the sound of the FCC never having anything to do with regulating the Internet to begin with.

      Given its charter and even its full name, one would assume that it would, and if not, should.

    5. Re:Did you hear that? by trurl7 · · Score: 1

      I don't have to do either. I believe the FCC should not be censoring the airwaves, because their mandate is to ensure, for example, that radio stations do not interfere with each other. But does it arguably fall into their purview - yes it does. Also - the FCC should obviously not have 'free reign' over content of communication. Should it have authority over the structure of communication - again, yes.
      To use Comcast's example: it is properly prohibiting violations of net neutrality as per it's "communication" statute. If it decided to get involved with censoring chat messages on Comcast's network, that would be regulating "content", which I believe to be wrong. Could they make a case for it though - yes. And again, properly so.

      Basically, I would like their authority over providing regulated structure formalized - ensuring that communication can be fairly competitive, etc.. But they need to get out of the censorship business.

    6. Re:Did you hear that? by commodore64_love · · Score: 1, Interesting

      That's cute, but the FCC is subject to the Supreme Law of the land, just like every other part of the central U.S. government. And the Supreme Law says:

      "To regulate Commerce with foreign Nations, and among the several States..." and "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."

      So you see the FCC has the power to regulate "communications" AMONG the states, not inside the states, and many ISPs operate within state lines, therefore the court reached the decision that Comcast is outside the central government's jurisdiction.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:Did you hear that? by trurl7 · · Score: 1

      It is a less-than-perfect world. :)
      aka complex systems have unforeseen negative interactions.

    8. Re:Did you hear that? by goombah99 · · Score: 1

      That's cute, but the FCC is subject to the Supreme Law of the land, just like every other part of the central U.S. government. And the Supreme Law says:

      "To regulate Commerce with foreign Nations, and among the several States..." and "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."

      So you see the FCC has the power to regulate "communications" AMONG the states, not inside the states, and many ISPs operate within state lines, therefore the court reached the decision that Comcast is outside the central government's jurisdiction.

      You are armed with an insufficient education on constituional law interpretation. Wiccard V. Filburn says why the FCC and other agencies can regulate within states. Since it's the basis for nearly every federal law, it's not going to get overturned! so you are simply not correct.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    9. Re:Did you hear that? by ilo.v · · Score: 1

      ...many ISPs operate within state lines...

      There is not a single solitary ISP anywhere in this country that carries ONLY communications between two computers that are both in the same state. There can't be. If that is all they do, then they are not providing "Internet Service" They would be a KSP (Kentucky service provider) or whatever.

    10. Re:Did you hear that? by Anonymous Coward · · Score: 0

      That's cute. I can quote the constitution too.
      Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

      That means, only congress can make laws.

      Section 8:The Congress shall have Power ...To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
      Again only congress.

      What the court ruled was that congress did not give the FCC the authority to regulate ISPs regarding net neutrality. If congress was to pass a bill requiring companies to enforce net neutrality, then the courts would have ruled for the FCC.

    11. Re:Did you hear that? by blitzkrieg3 · · Score: 1

      Good thing Comcast doesn't operate across state lines!

      But seriously, broadband access is already "lightly regulated" by the FCC. All they need to do is go to congress and get that changed to "heavily regulated" and then they can continue with their net-neutrality laws, despite what the Constitution says.

    12. Re:Did you hear that? by Skye16 · · Score: 1

      Earlier in this story, he commented that he hated that SCOTUS ruling.

      I guess when you hate something bad enough, you can just act like it doesn't exist all you want.

      Come to think of it, that sounds like my wife with dirty dishes.

      >.

    13. Re:Did you hear that? by Anonymous Coward · · Score: 0

      So you see the FCC has the power to regulate "communications" AMONG the states

      Awesome! So, you agree that the FCC has the power to regulate here, since the communication definitely occurs among states (do you really think that everyone just communicates with servers in their own state?).

    14. Re:Did you hear that? by Wyatt+Earp · · Score: 1

      "So you see the FCC has the power to regulate "communications" AMONG the states, not inside the states, and many ISPs operate within state lines, therefore the court reached the decision that Comcast is outside the central government's jurisdiction."

      But Comcast does not communicate inside the state, it goes across state lines which lets the FCC regulate it.

    15. Re:Did you hear that? by dangitman · · Score: 1

      Supreme Law

      Supreme Law? He sounds like a pretty serious dude.

      --
      ... and then they built the supercollider.
    16. Re:Did you hear that? by Chirs · · Score: 1

      Sure there are. Think small ISPs that funnel all their traffic up to the larger backhaul providers.

      All the packets they send end up with the backhaul provider. If they then get retransmitted out of state that has nothing to do with the small ISP.

    17. Re:Did you hear that? by ilo.v · · Score: 1

      We have different definitions of who is "communicating" I am referring to the sending computer and the receiving computer, not hardware in the middle that is just passing the message along. By your definition, every single piece of your US Postal Service mail is simple local intra-state communication. After all, the postman simply carries it from your mailbox to the local post office, right?

  13. Pretentious summary by Cigarra · · Score: 1

    It's not "net neutrality", but the people of US of A who will suffer the consequences for this kind of setbacks.

    --
    I don't have a sig.
  14. Re:Your official guide to the Jigagoo presidency by philathea80 · · Score: 0, Troll

    wow, are you really this ignorant?

  15. this is not unexpected by alen · · Score: 1

    and i don't think Congress can pass a law either. You have ISP's on one side some of whom are also cable companies and in the business of reselling media content via their cable TV business. and on the other side you have companies like Google who think up of new digital products that cause ISP's to spend more money for capital upgrades. if there is a net neutrality law then i can see the ISP's coming out with tiered pricing overnight. it's like electricity, in the last 10 years people's demand for it has grown and they have accepted paying more for it. but with internet access people scream that it's the end of the world

    1. Re:this is not unexpected by DJ+Jones · · Score: 1

      You're missing a key point. The American tax payers paid for the majority of broadband cable laid in our country through enormous government subsidies. The ISPs have no right to turn around and charge us extra to use our own cable.

    2. Re:this is not unexpected by LordKazan · · Score: 2, Informative

      maybe we should just nationalize all that cable we paid for

      we PAID FOR IT afterall.

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    3. Re:this is not unexpected by Wyatt+Earp · · Score: 1

      The FCC should just start regulating communications at the frequencies that are used to transmit data via light and microwave.

    4. Re:this is not unexpected by The+End+Of+Days · · Score: 1

      Where are the figures? Show the payments. Show how much was paid. Show the methods of money transfer. If the government did this, the numbers are all public information, so you should be able to make a clear case.

      I suspect you'll get a nasty surprise when you dig into it, though.

    5. Re:this is not unexpected by Anonymous Coward · · Score: 0

      I like this idea a lot. Let's nationalize the cable and phone companies. We wouldn't be the only country that has done this.

  16. Tariffs are a comin'.... by vinn · · Score: 3, Interesting

    ISP's operate in that magical land of no tariffs. I bet not for long. If the FCC has any backbone (I'm not necessarily convinced they do, but hey, sometimes you can hope) they'll turn this into a regulated service. Just like all of those other wonderful tariffs we've had, for basic POTS lines, T1's, ISDN, etc, etc, look for that to happen with all sorts of Internet connections. So, in return for keeping net neutrality we'll lose ISP's... and the vicious dog eat dog cycle begins.

    --
    ----- obSig
    1. Re:Tariffs are a comin'.... by Shakrai · · Score: 1

      If the FCC has any backbone (I'm not necessarily convinced they do, but hey, sometimes you can hope) they'll turn this into a regulated service.

      And then you can kiss any hope of innovation goodbye. In the last few years the speed of my consumer broadband connection has quadrupled. It went from 5 mbit/s to 8, to 10 and finally to 15. You really think that such improvements would happen in a hyper-regulated marketplace? When was the last time your landline phone company or electric utility came out with anything new and exciting?

      The solution isn't to treat them like utilities, the solution is to remove the stumbling blocks that prevent upstarts from competing with them. The solution is to take away their special tax/franchise agreements and force them to compete on a level playing field.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Tariffs are a comin'.... by Anonymous Coward · · Score: 1, Informative

      In the last few years the speed of my consumer broadband connection has quadrupled. It went from 5 mbit/s to 8, to 10 and finally to 15.

      15/5 = 3

    3. Re:Tariffs are a comin'.... by StikyPad · · Score: 1
    4. Re:Tariffs are a comin'.... by Captain+Splendid · · Score: 1

      You really think that such improvements would happen in a hyper-regulated marketplace?

      Actually, yes. Moore's Law, with us since the 50s, has been operational through wars, recessions, Democrats and Republican administrations alike without ever significantly changing. Sounds like innovation is safer than you think.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    5. Re:Tariffs are a comin'.... by Frenchman113 · · Score: 1

      When was the last time your landline phone company or electric utility came out with anything new and exciting?

      Never. And I like it that way. I like knowing that when I pick up my phone and call someone, it will Just Work. Likewise, I like knowing that I can plug my appliances into my power outlets and have them turn on.

      For a lot of things, nobody wants "new and exciting" versions, merely "not broken" versions, something that does not exist with the American Internet system.

    6. Re:Tariffs are a comin'.... by LordKazan · · Score: 3, Insightful

      >You really think that such improvements would happen in a hyper-regulated marketplace?

      As evidence by Europe: yes.

      Note: basic consumer protection is not "hyper-regulated", only an ignorant anarchocapitalist thinks that kinda crap - and considering implementing even a few of the anarchocapitalist deregulatory wet dreams led to the current recession: why the @#%$ should we listen to you?

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    7. Re:Tariffs are a comin'.... by jedidiah · · Score: 1

      > You really think that such improvements would happen in a hyper-regulated marketplace?

      It seems to work pretty darn well for the rest of the planet that puts our internet access to shame.

      While you're excited about finally getting 15mbits, the rest of the planet is getting Gigabit.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:Tariffs are a comin'.... by Anonymous Coward · · Score: 0

      It went from 5 mbit/s to 8, to 10 and finally to 15.

      How much pretend-bandwidth do you need? IOW, what good is 15mbps when you can't use it without going over a limit or being throttled?

    9. Re:Tariffs are a comin'.... by nb+caffeine · · Score: 1

      You do realize, of course, that 5 * 4 != 15.

      --

      "Something's wrong with you...and I hope we never do meet again." - Deftones When Girls Telephone Boys
    10. Re:Tariffs are a comin'.... by Shakrai · · Score: 1

      Yeah, I fucked that up. My connection went from 4mbit/s to 5mbit/s to 8, to 10, to 15.

      Regardless, the point still stands. Have you seen a 3-4x improvement in the product you receive from your POTS provider?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    11. Re:Tariffs are a comin'.... by Chris+Mattern · · Score: 1

      Moore's Law applies to microchips. Not what I would call "a hyper-regulated market." In fact, it's one of the least regulated markets in the US. Funny how they get all the innovation, no?

    12. Re:Tariffs are a comin'.... by Captain+Splendid · · Score: 1

      Moore's Law applies to microchips.

      No fooling?

      Funny how they get all the innovation, no?

      AND the reading comprehension fail.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    13. Re:Tariffs are a comin'.... by Chris+Mattern · · Score: 1

      You stated that Moore's Law takes place in a hyper-regulated market. If that's not what you meant to say, you should have reviewed what you said more carefully.

    14. Re:Tariffs are a comin'.... by vlm · · Score: 1

      Regardless, the point still stands. Have you seen a 3-4x improvement in the product you receive from your POTS provider?

      Actually, yes, given that around 25 years ago I had a pulse rotary phone with no 3-way calling, no call waiting, no E911, no caller id, long distance calls cost about a "beer per minute"...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    15. Re:Tariffs are a comin'.... by Shakrai · · Score: 1

      Actually, yes, given that around 25 years ago I had a pulse rotary phone with no 3-way calling, no call waiting, no E911, no caller id, long distance calls cost about a "beer per minute"...

      You realize that many of the innovations you just named happened after telecommunications deregulation, right?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    16. Re:Tariffs are a comin'.... by Captain+Splendid · · Score: 1

      You stated that Moore's Law takes place in a hyper-regulated market.

      Said nothing of the kind. Brave of you to look like such a diphsit twice.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    17. Re:Tariffs are a comin'.... by vlm · · Score: 1

      You realize that many of the innovations you just named happened after telecommunications deregulation, right?

      Yet, still comparatively "hyper regulated" compared to a non-net neutrality ISP world, whos only accomplishment has been increasing the numbers in the "imaginary speed" marketing material... My point still stands.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    18. Re:Tariffs are a comin'.... by Shakrai · · Score: 1

      Your point rather misses the big picture. It was the unregulated nature of the internet that spawned so many of the neat toys that we take for granted around here.

      It's also wrong. In the last 15 years I've seen my internet access speed increased roughly 450 times (33,600 bit/s to 15,000,000 bit/s)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    19. Re:Tariffs are a comin'.... by Anonymous Coward · · Score: 0

      .... it was a deviation from the original capitalist principles that got us on the path we are on. You can't blame the petty attempt and rolling back the socialism with the problem.

  17. Brave new America by Anonymous Coward · · Score: 0

    By the government, for the corporations!

  18. No single US Court of Appeals by Sentex · · Score: 5, Insightful

    This is just one Circuit of the US Court of Appeals (although very influential). There is no "The United States Court of Appeals".

    1. Re:No single US Court of Appeals by Notquitecajun · · Score: 1

      There is, sort of. The Supreme Court sometimes acts like a court of appeals, telling another court "you can't do that" and remanding a case, or whatever it's called.

    2. Re:No single US Court of Appeals by Anonymous Coward · · Score: 0

      This is a very valid point.
      Is it possible that another circuit could rule in the opposite direction?
      Guess its on to the Supreme Court.

    3. Re:No single US Court of Appeals by Anonymous Coward · · Score: 0

      This is just one Circuit of the US Court of Appeals (although very influential). There is no "The United States Court of Appeals".

      Not to worry. If it gets to the Supreme Court, I'm sure it will be upheld in the inevitable 5-4 decision.

    4. Re:No single US Court of Appeals by Anonymous Coward · · Score: 0

      This thread makes me cry.

    5. Re:No single US Court of Appeals by dynamo52 · · Score: 1

      Thank you for being the only one in this thread to realize that the Supreme Court is "The United States Court of Appeals". Everybody else on this thread needs a civics lesson. Unfortunately I also believe you are correct on the 5-4 split. Personally I think somebody should find a way to get an attractive young law clerk working in Thomas' office. I know he is old but he is prone to sexual harassment and a good scandal could force him to resign. Of course if Scalia would just throw himself out a window that could do the trick too.

      --
      Like this comment? I accept Bitcoin! - 153sc8UUBXyp12ofQqfAWDmJrzyiKCYC1x
  19. would of been first... by advocate_one · · Score: 2, Funny

    but my packets were delayed...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  20. Don't give up so easily by commodore64_love · · Score: 4, Interesting

    The State government would have the power to regulate any monopolies inside its borders, including electrical providers, natural gas providers, phone companies, and yes Internet providers. - The local government/town that granted the exclusive license to Comcast also has the right to regulate, per the terms of the monopoly.

    Both these levels of government could mandate that Comcast provide equal access to ALL websites.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:Don't give up so easily by Monkeedude1212 · · Score: 2, Insightful

      Why would the local or state government want to regulate it though?

      I don't know if you've noticed, but a lot of states aren't doing so hot right now with their budgets. Now, you've got two choices
      A) Spend more money on regulating Comcast, because your voters say so
      B) Say you care, accept a stipend, look the other way.

      The FCC was really the best shot at handling this issue - they may not have been the perfect entity but they are better than the alternatives. The last thing you need is internet access dependant on states, otherwise you'll be getting into a whole can of worms where people are shifting around the country based on that, and what state is regulating it. If it eventually pans out to a consolidated regulated system, it will have been too late and more damage will have been done.

    2. Re:Don't give up so easily by commodore64_love · · Score: 2, Informative

      >>>a lot of states aren't doing so hot right now with their budgets

      Your argument also works for why the National government would not "want" to regulate ISPs. The National government doesn't have any spare cash to spend either, for hiring additional employees at the FCC to monitor Comcast and others.

      And also it's not a matter of "want". It's a matter of Law, and the Law is clear - the FCC has no authority beyond regulating commerce AMONG the states, not inside the states. The law makes clear that internal regulation is reserved to your State government. So lobby them.

      Most likely ISPs could be regulated by the State PUC (public utility commission) without much difficulty.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Don't give up so easily by goombah99 · · Score: 1

      No you are incorrect. the FCC does have the authority to regulate inside states.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    4. Re:Don't give up so easily by vlm · · Score: 1

      Spend more money on regulating Comcast

      Don't assume regulation involves a loss. Some regulations exist solely to make a profit. (speed traps, war on some drugs, probably others). Golly Gee comcast, that'll be $1M for blocking voicepulse.com's VOIP service, head on down to city hall and get in line with the property tax payers at the cashiers office...

      The big problem with getting the locals to do the net neutrality thing, is in the USA, corporations and govt have merged at all levels. At the local level, why would some dumpy local bookstore want people to be able to access amazon.com? Why would any of the dumpy local antique shops want people to be able to access ebay.com? Why would the local fishwrap (newspaper) want people to be able to access news.google.com? I'm struggling to think of a local business that would benefit from allowing the unwashed masses to access their competitors over the internet...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    5. Re:Don't give up so easily by commodore64_love · · Score: 0, Troll

      >>>the FCC does have the authority to regulate inside states.

      Really? Please quote to me the relevant portion of the U.S. Constitution which gave them that power. All I can find is this: "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."

      That's pretty damn clear. The FCC has *no* authority inside states. Neither does any other part of the national government.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:Don't give up so easily by Wyatt+Earp · · Score: 1

      Really? The FBI doesn't have authority inside states? The US Marshal Service doesn't have authority inside states? FDA? CDC? FAA? Coast Guard? Secret Service? DEA? BIA? IHS?

      I mean, if I grow weed and it doesn't leave the state, then the DEA has no jurisdiction...

    7. Re:Don't give up so easily by Anonymous Coward · · Score: 0

      You mean give the states and local governments power? That would be like saying the Constitution is correct... and we all know how antiquated that ol' thing is.

    8. Re:Don't give up so easily by einhverfr · · Score: 1

      Both these levels of government could mandate that Comcast provide equal access to ALL websites.

      Is this about web sites? Or about bittorrents, P2P sharing of movies, botnets, and the like?

      If Comcast is censoring web sites without specific contracts to customers specifying it as a service (such as a parental controls service) then I would agree that they are being evil. OTOH, if this is about traffic shaping to ensure that web site access is available regardless of botnet, movie sharing, etc. activity, then I fail to see the problem.

      --

      LedgerSMB: Open source Accounting/ERP
    9. Re:Don't give up so easily by s73v3r · · Score: 1

      Really? Try setting up an FM transmitter that can only reach within your state without FCC approval. I'm pretty sure the FCC will come down on you for it, and no cry of "State's Rights" will save you.

    10. Re:Don't give up so easily by krygny · · Score: 1

      BINGO!! That's where the authority belongs. Not with the Federal Government or ((shudder)) the U.N.

      --
      Research shows that 67% of those who use the term "research shows", are just making shit up.
    11. Re:Don't give up so easily by Anonymous Coward · · Score: 0

      The local government typically can't do anything. They signed 50 year contracts in the 70's and 80's that aren't up for renegotiation until 2020 at the earliest.
      The state might be able to intervene.

    12. Re:Don't give up so easily by MadMagician · · Score: 1

      The State government would have the power to regulate any monopolies inside its borders, including electrical providers, natural gas providers, phone companies, and yes Internet providers. - The local government/town that granted the exclusive license to Comcast also has the right to regulate, per the terms of the monopoly. Both these levels of government could mandate that Comcast provide equal access to ALL websites.

      That's not necessarily so.

      Indiana got a Telecommunications Reform Act a few years ago, written by the telecommunications industry (thanks to Mitch Daniels).

      Cities are forbidden from competing with private telecomm. Regulation is done at the state level (which is reliably Republican, so only regulates consumers).

  21. win for the constitution by viridari · · Score: 2, Insightful

    The end result might suck for net neutrality but it's a win for the US Constitution, which has been sorely hurting. If you want net neutrality, don't expect it to come legitimately from the pen of a bureaucrat; demand it from Congress.

    1. Re:win for the constitution by yumyum · · Score: 1
      First time I've seen a judge equated with a bureaucrat. And what do you think Congress is filled with? And I believe the FCC Charter (created by those people in Congress) states that the FCC has this regulatory authority:

      For the purpose of regulating interstate and foreign commerce in communication by wire and radio

      When people disagree with the rules set forth by Congress, they go to the courts to have the wording parsed and weighed. I think you are barking up the wrong tree of "activist judges" here.

    2. Re:win for the constitution by mcgrew · · Score: 1

      I'm curious, how is it a win for the US Constitution? If the internet isn't covered by the interstate commerce clause, what else could be? What part of the constitution could this possibly be a win for?

    3. Re:win for the constitution by JesseMcDonald · · Score: 1

      First time I've seen a judge equated with a bureaucrat.

      I believe the GP was referring to the FCC, not the judge in this article.

      And I believe the FCC Charter (created by those people in Congress) states that the FCC has this regulatory authority:

      For the purpose of regulating interstate and foreign commerce in communication by wire and radio

      The scope of the FCC's charter is limited by Congress' Constitutional authority, which extends only to inter-state commerce. The federal government, including Congress and the FCC, has no authority over intra-state communications services. This is implied by the Constitution itself ("To regulate Commerce with foreign Nations, and among the several States..."; nothing is said about commerce within any state), and made explicit by the 10th Amendment:

      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.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  22. Free Market, love it? by jwhitener · · Score: 2, Insightful

    Once the internet is completely metered and locked down, with corporate traffic given huge priority over private traffic, I wonder if all the "free market solves everything" libertarian types will still be so anti-regulation....

    Slashdot seems to have a fairly large amount of 'free market solves all' people. Maybe strangling the internet is the thing that will make some of them realize that certain things do deserve either heavy regulation or government ownership:)

    Since this is the "information super highway", maybe it should get the same level of government control as the Federal Highway System.

    1. Re:Free Market, love it? by Anonymous Coward · · Score: 1, Insightful

      1. The telco and cable markets are essentially creations of government. Therefore the word "regulation" hardly applies like it does to a regular business. This is less about free market vs. regulation, and more about government changing the rules for corporatism. Whatever the outcome, you can be sure that both government and the "private sector" (wink, wink) will profit.

      2. I notice a lot more "free market solves nothing" people here on slashdot than "free market solves everything". The amount of pro-government idealogy here is scary, considering that superpower governments today are richer and more powerful than ever before in history. And yet, like clockwork, every day slashdotters call for even more government.

    2. Re:Free Market, love it? by Anonymous Coward · · Score: 0

      Hypothetically, couldn't they open up cable lines sort of like they did with phone lines?

      Breaking up comcast like they did ma-bell?

      (I guess I don't fully understand the issue)

    3. Re:Free Market, love it? by Anonymous Coward · · Score: 1, Interesting

      of course, that would be assuming that "free market libertarian types" are against government-mandated net neutrality and sanctions against corporations that are causing these problems.

      it's funny that you association the "locking down of the internet" with anti-government rhetoric... considering that government intervention is exactly what is providing the ISPs with the power to filter traffic.

      but that doesn't fit in nicely with your "anti-slashdot-libertarian" party line.

      Slashdot seems to have a fairly large amount of "government solves all" people. Maybe strangling the internet (by corporations that have government-granted monopolies) is the thing that will make some of them realize that certain things do deserve an anti-government-intervention approach.

    4. Re:Free Market, love it? by jwhitener · · Score: 1

      getting offtopic, but oh well:)

      I think many conservatives are blaming the wrong organization when they say things like you did:

      "superpower governments today are richer and more powerful than ever before in history"

      It isn't so much the government, as it is corporate influence on the government. I tend to agree that government is becoming less and less 'for the people' and therefore it is less effective at solving problems than it was in the past. And rulings like the recent scotus citizens united (unlimited corporate spending on political ads) are only going to make things worse. (go to movetoamend.org and help stop it).

      But that isn't the fault of government. It is the fault of corporate influence in government. I wish I saw tea party members yelling for campaign finance reform, and not yelling for total privatization and de-regulation.

      Total private control over X means 100% corporate influence over X, and zero public influence, unless aspects of X can be affected by our wallets. I'd argue that things like healthcare and internet access cannot be changed via the wallet as easily as other services, and therefore are something either deserving of heavy regulation or outright government ownership.

      If we had strict campaign finance laws, advertising laws, and some ability to sue or stop misinformation concerning scientific and/or political issues, I think you'd see the government behaving much more in line with what people want.

    5. Re:Free Market, love it? by Tetsujin · · Score: 1

      Since this is the "information super highway", maybe it should get the same level of government control as the Federal Highway System.

      It's a figure of speech, dude, don't take it too seriously. :)

      --
      Bow-ties are cool.
    6. Re:Free Market, love it? by Anonymous Coward · · Score: 0

      Once the internet is completely metered and locked down...

      If that's what's coming because of the absence of Net Neutrality, THEN WHY HASN'T IT ALREADY HAPPENED.

      15+ years of widespread www usage by the public and it hasn't happened yet.

      Instead of making rules for a problem that does not yet exist, let's try the crazy libertarian way that's worked thus far.

      If your nightmare scenario unfolds the Socialist Statist Party (the Democraticans/Republicrats) can ride in and save the day.

    7. Re:Free Market, love it? by brkello · · Score: 1

      How in the heck can you call the situation that the cable companies are in the "crazy libertarian way"? The crazy libertarian way wouldn't have a nation-wide Internet. You would have state Internet and maybe they would connect to other states but it wouldn't work very well because we would all have our own state protocols. Eh, forget that, the libertarian way wouldn't even have the Internet. We'd all be running around with guns trying to keep Texas from taking over the continent.

      --
      Support a great indie game: http://www.abaddon360.com
    8. Re:Free Market, love it? by Anonymous Coward · · Score: 0

      How in the heck can you call the situation that the cable companies are in the "crazy libertarian way"?

      It's more so than Net Neutrality.

      ...but it wouldn't work very well because we would all have our own state protocols.

      Only if state governments interfere in the free market.

    9. Re:Free Market, love it? by jwhitener · · Score: 1

      That sentence was meant to be a bit 'tongue in cheek', but not fully.

      The entire internet, as information infrastructure, is quickly becoming as important as traditional infrastructure. There are most likely many different opinions about just how important information infrastructure is to the economic and social fabric of our society, but I don't think anyone could argue that the internet is going to become less important to the country over time.

      At some point, the internet will become so valuable, and so fundamental to the country, that government control will be inevitable.

  23. Hell with this. by Anonymous Coward · · Score: 0

    Further proof that the US government no longer represent "we the people". It's all about the corporations and their greedy interests.

    It's time to alter or abolish our government, as is our right to. Seriously.

    Stop shrugging your damn shoulders and thinking things will be fixed eventually. Those days are long gone. If we don't do something, we will have NO freedoms left.

    Get up, disobey bad laws, speak out, say something. Start a movement to stop our corrupt government.

  24. Pyrrhic Victory? by javakah · · Score: 2, Interesting

    Without net-neutrality, Comcast's purchase of NBC (and Hulu) could start raising some major questions about whether it is forming a monopoly, especially when the government is already looking at the broadband situation in the US (and possibly unhappy about it).

    Additionally, the FCC has made it pretty clear that they want some authority over the net, so far assuming implicitly that they have such authority. With this ruling, we may yet see them given such authority explicitly.

    I almost wonder if this may be a pyrrhic victory for Comcast. Imagine them having the NBC/Hulu sale blocked, and then later the FCC gets it's authority specifically created, enforcing Net Neutrality (perhaps with some fangs), and having a bit of a grudge against Comcast.

    1. Re:Pyrrhic Victory? by Anonymous Coward · · Score: 0

      hope it is.

    2. Re:Pyrrhic Victory? by Anonymous Coward · · Score: 0

      You dream sir. When was the last time Federal Government stood up to big business? You have your heads in the cloud if you think Anti-trust regulators will block or go after NBComcast.

    3. Re:Pyrrhic Victory? by boilednut · · Score: 1

      There's and even worse possibility for Comcast: this ruling could result in the FCC reclassifying DSL and other broadband services as Title II telecommunications services, and subjecting them to common carrier regulations.

  25. Welcome to the BigCorpIntertubes* by Drakkenmensch · · Score: 0, Troll

    *brought to you by Starbucks

  26. Seriously? by Monkeedude1212 · · Score: 4, Insightful

    What is the point of having the FCC if you don't let it do its job? Under what guise could anyone come under the impression that this isn't FCC Jurisdiction?

    Lacks the Authority? It should be the Authority. The courts should only be called in when the FCC is doing something that is questionable. Instead, they have prevented the FCC from stopping all of the questionable behavior that is undoubtedly going to be spawned by this.

    With Wikileaks the other day, and now this, news is giving me a serious headache this week.

    1. Re:Seriously? by Anonymous Coward · · Score: 0

      Congress brought it up a few years ago and decided not to give them the authority. That's how we know they don't have the authority.

    2. Re:Seriously? by commodore64_love · · Score: 1

      >>>Under what guise could anyone come under the impression that this isn't FCC Jurisdiction?

      Well for one thing I read the Supreme Law of the land, which you apparently did not. It is quite clear that the FCC only has authority AMONG the states, not inside the states. The Law also says that communications/commerce regulation inside the state is reserved to the State government.

      Read and Learn the law: http://www.constitution.org/cons/constitu.txt especially your Bill of Rights number 9 and 10.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Seriously? by idontgno · · Score: 1

      I'm guessing you're unaware of how the Supreme Court has modified interpretation of the Commerce Clause such that almost any action which has any effect on any form of interstate commerce is cause for federal supremacy in enforcement.

      Or are you a "strict constructionist"? How quaint.

      "Interstate commerce" has included, at federal discretion, any and all commerce (including illicit commerce on contraband) since 1937.

      Of course, there are some signs of sanity in more recent SCOTUS decisions.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    4. Re:Seriously? by theaveng · · Score: 1

      When it comes to LAWS then yes we should be strict constructionists. Otherwise a police officer might decide to enter your home w/o a warrant, on the basis that he was interpreting the Constitution's 4th amendment "loosely".

      If you want to modify that law or any other law, then follow the amendment process to change it. It's easy enough to do.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    5. Re:Seriously? by corbettw · · Score: 1

      What is the point of having the FCC if you don't let it do its job?

      According to the Court of Appeals, regulating the Internet is not part of its job. Are you saying the justices were wrong? If so, what case law do you have to prove your assertion?

      --
      God invented whiskey so the Irish would not rule the world.
    6. Re:Seriously? by PitaBred · · Score: 1

      The point is that it's not the FCC's job. It's the FTC's job, where Comcast was promising Internet access and not delivering. The FCC is just to make sure airwaves and such don't get stomped on.

    7. Re:Seriously? by Monkeedude1212 · · Score: 1

      I don't see why they both can't overlap though, in the same way the Police and FBI work together. They may not like it because of who gets credit, but they are always working towards the same goal.

      If the FCC is to deal with communication and the FTC is to deal with trade, then when the subject of net neutrality comes up, the FCC should be the ones setting the standard for everyone in their jurisdiction. When this is broken, they can deal with it. If it is in the interest of anti-trust or monopolies or abusing trade, the FTC can get in on the action.

      I mean, wouldn't it put more pressure on ISP's to provide proper service if they had to worry about more than one agency, because more than one set of standards needs to be followed?

      I really hate to rely on a single point of failure.

    8. Re:Seriously? by Anonymous Coward · · Score: 0

      The only justification ever for the FCC was to prevent radio frequency interference. Other than that they should have no authority.
      End of story. There needs to be some other entity. We are still a nation of laws.
      My take on this is that if Comcast says they offer Internet then it ought to follow the TCP/IP protocols.
      Their modifications violate those protocols so they can (and should be) sued for false advertising.
      They said they were giving me Internet. But instead I get something else. And I do use bittorrent.

      But still, FCC has no authority hear, and never did. I always knew this because I studied this in school.
      And so, meanwhile, we are put back into a deplorable place where our web content will not be served because they don't own it.
      It makes me really really angry.

    9. Re:Seriously? by JThundley · · Score: 1

      What is the point of having the FCC if you don't let it do its job?

      The FCC already did its job, it kept Howard Stern off the airwaves.

  27. FCC Got bit by it's own Teeth. by BJ_Covert_Action · · Score: 1

    Apparently, from this article, Comcast madea successful argument based on the fact that the FCC fought to keep broadband deregulated in 2005 in the Supreme Court. While spitting on net neutrality basically spits in the face of the intent of that battle, I think the FCC could successfully file this particular incident under, "Lessons on Things Coming Back to Bite You in the Ass."

    1. Re:FCC Got bit by it's own Teeth. by blitzkrieg3 · · Score: 1

      The parent article also mentions that ruling. But aside from that, what makes you think that the FCC is going to lobby for broadband deregulation in the future? If anything, they're going to fight for broadband regulation now that they've realized they've created a monster. I expect in the future broadband will be more heavily regulated, and Comcast will file this incident under, "Lessons on biting the hand that feeds."

  28. Proactive or Reactive? by Defenestrar · · Score: 1

    If congress doesn't weigh in on this soon they're going to pass the point where massive head breaking won't be necessary (not that Comcast doesn't have a big head in need of some slapping). And when it comes to head breaking, I'd rater see a TR progressively taking on Standard Oil than FDR reactive style acts against those who tanked the economy. (There's more corollaries here to the current US banking system than are immediately obvious). Information and transit of information are the commodities of the day.

  29. mod parent insightful by unity100 · · Score: 1

    for i am going to post in this discussion and cant use mod points.

  30. "Major Setback?" by moosesocks · · Score: 1

    Net Neutrality didn't just suffer a "major setback." It's effectively dead.

    --
    -- If you try to fail and succeed, which have you done? - Uli's moose
    1. Re:"Major Setback?" by C_Kode · · Score: 1

      Um. No it's not. Not sure where you got it was dead. It's not even close to dead.

  31. Restore Common Carrier by Bob9113 · · Score: 1, Interesting

    Excluding data carriers from common carrier requirements was one of the dumbest things we have ever done.

    Simple principle: If you want to make decisions about which traffic to carry at what speed, you are legally liable for all traffic you carry. If you want safe harbor from liability, you cannot decide which packets get special treatment.

    Throttling is fine if it is unbiased. Picking winners and losers is not the ISP's prerogative.

    1. Re:Restore Common Carrier by JesseMcDonald · · Score: 1

      On the contrary, one should not need to be a member of a special, protected "common carrier" class to avoid liability for torts or crimes which one did not knowingly and willingly participate in. The entire concept of "common carrier" is a grave mistake as best, and possibly much worse: a threadbare attempt to blackmail carriers into accepting onerous regulations under threat of unjust prosecution for offenses committed by others.

      If you deliberately single out offending packets and give them preferential treatment, fine: you're as liable as anyone can be, aside from the original sender.[1] In all other cases there can be no just liability, as there was no intent to contribute to the crime or tort.

      [1] "As anyone can be"; personally I consider any presumption of liability over pure communication to be a 1st Amendment violation--infringement of free speech. Naturally this line of reasoning concludes that other things which depend on restricting communication, e.g. copyright, are likewise violations of free speech.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  32. The decision is somewhat moot by jmichaelg · · Score: 5, Interesting

    The FCC knew Comcast was going to win quite a while back. Comcast's basic argument rests on the fact that the FCC didn't follow it's own rules in how it created the net neutrality rule. Since the rules weren't followed for creating a new rule, Comcast argued the net neutrality rule was unenforceable.

      The FCC recognized Comcast had a point and restarted the rule making process to enable them to legally enforce net neutrality.

    Personally, I'd like to see the FCC say that if you own a cable or phone company, you can't provide internet service. We've just been through the consequences of companies that were too big to fail failing and are quite a bit poorer because of it. Letting monopolies form is just taking us down that path again.

    Both At&t and the cables are scared shitless that the Internet will make their business models obsolete. Of course, they're right.

    1. Re:The decision is somewhat moot by jayveekay · · Score: 1

      and the cables are scared shitless

      Fear is the mind killer. And the colon cleanser?

    2. Re:The decision is somewhat moot by bobs666 · · Score: 1

      You are Correct Sir.

      And thats why we do not have roof top routers.
      Its time the FCC did something to make the business models obsolete.

  33. FCC vs Canada's CRTC by Korbeau · · Score: 1

    Did the FCC at least force ISP to give the users the exact throttling rules like Canada CRTC ruled last autumn?
    http://yro.slashdot.org/story/09/10/21/2223229/

    I would have loved to see slashdotters' reaction to the CRTC announcement after this news came it, would have put things in perspective. It's good to be pro-net-neutrality (CRTC also is pro-net-neutrality), but even with limited power it tried and succeeded to at least get some basic ruling done so we are not (the users) completely screwed.

    In the end though, I guess both organizations will reach the same kind of decision (Canadian politicians being what they are) and Big Industry will flourish.

  34. Law #23 of Government policy by Anonymous Coward · · Score: 0

    Evil Always wins.

  35. telecom by slashnot007 · · Score: 3, Interesting

    Remember the FCC is the Federal Communications Commission.   Notice the word Communications.  So it seems like they might have some authority here.

    One place we know they do have authority is telephony.  And the largest immediate threats posed by the decision I think are to 1)  VOIP  and 2) Netflix.  For brevity, I'm going to ignore bittorrent because at present while a big bandwidth hog, it's not a commercialized bandwidth hog like the other two.

    it will be easy for comcast to squeeze out all VOIP and streaming video providers with simple QOS tweaks.  Already Netflix is barely tolerable and it would not take much for me to give it up.  Likewise Comcast is now in the VOIP market so why not prefer their own packets over others?

    You can't even call it Anti-trust since they are not leveraging one market to enter another.  Indeed Comcast has been in the movie providing market longer than netflix.  You might make the anti-trust argument for voip however.

    Which brings me back to the FCC.  the FCC might not have the authority to regulate all of the internet but surely they can regulate VOIP since that is telephony.

    I sure hope they do, because once all the VOIP and netflix competition is squeezed out to either comcast itself or to people that partner with comcast  it's going to be hard to decentralize it again.

    I'll make one other prediction.  the fate of bit torrent.  right now bit torrent is nothing but cost to COmcast.  if it went away people would not stop paying for their internet connection so there's no downside to squeezing it out.  I suspect the future of Bittorrent is how it becomes monetized.  If comcast could profit from bit torrent then they will be happy for it because, when done correctly, bit torrent more efficiently broadcasts across the edges of the network rather than the backbone.    I suspect the way it will be monetized is that someone will start selling movies using some set top internet box (roku, apple-tv, etc...) that uses bit torrent rather than limewire to deliver the content.  you park the top 200 movies in slices out on people's set top boxes-- these are not movies they ordered, you are just parking them there for delivery.  then you distribute this from these boxes.  You could even compensate the box owners for using some of their bandwidth.  THe key is you do this in a locked down DRM way where one company is selling the service.  now it makes money and costs less infrastructure wise than direct streaming.  Comcast will get a cut.

    I suspect that's the future of peer to peer.

    1. Re:telecom by commodore64_love · · Score: 0, Troll

      >>>Notice the word Communications. So it seems like they might have some authority here.

      Yes the FCC has authority over commerce/communications AMONG the States. Not inside. Not over a local ISP that operates inside a town or county and does not cross the border. (Try reading the Supreme Law sometime.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:telecom by goombah99 · · Score: 1

      >>>Notice the word Communications. So it seems like they might have some authority here.

      Yes the FCC has authority over commerce/communications AMONG the States. Not inside. Not over a local ISP that operates inside a town or county and does not cross the border. (Try reading the Supreme Law sometime.)

      I think you are pretty confused over what the government can regulate within a state. Read the case of Wiccard's Wheat sometime. In a nutshell, if an action within a state can affect commerce outside the state or the products of an action (e.g. Agriculture) could eneter or affect a market that goes across the state then the commerce clause of the constitution allows the feds to make a law about it.

      Frankly I don't agree with that at all. But there's no any controversy at all over this being the operative interpretation. In the case of Wiccard a farmer grew some wheat on his own land for his own personal consumption. This was at a time when the fed's were directing what crops could or could not be grown. The feds argued that if the wheat had not been grown, the farmer would have had to purchase wheat for his use on the market and this affected commerce.

      Pretty ridiculous right? yes. ambiguous? no. ever since then the feds have used this and a few other precedents to make almost all federal laws.

      For example, why is murder in a school zone a federal crime? where do they get the authority to federalize hate crimes? Why can't people raise marijuana for their own use?

      Disagree all you want. But there is zero doubt the FCC has jurisdiction within states.

      indeed all the posts on slashdot crossed state lines as did the advertising on this web page.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:telecom by kingduct · · Score: 1

      "If comcast could profit from bit torrent then they will be happy for it because, when done correctly, bit torrent more efficiently broadcasts across the edges of the network rather than the backbone."

      So, you don't think that the average Bittorrent user pays for higher-priced plans than the average non-user? Network neutrality allows charging users for their network usage, it is meant to prevent discrimination based on type of usage. I think it is probably safe to say that people downloading lots of content on the internet (and uploading lots) pay to have faster service than people who don't use it much.

    4. Re:telecom by Anonymous Coward · · Score: 0

      Comcast would be in a -lot- of trouble if they throttled any VoIP service that offers e911 emergency services. The FCC -does- have authority over VoIP and e911. As soon as a company starts dealing with telephone systems, the FCC can step in to various degrees. Also, I imagine the PR issue of endangering human lives by tampering with VoIP traffic is a black mark that even Comcast doesn't want to try to wave away. //Disclaimer: Not an expert, but I have worked for a telephone and VoIP provider.

    5. Re:telecom by goombah99 · · Score: 1

      "If comcast could profit from bit torrent then they will be happy for it because, when done correctly, bit torrent more efficiently broadcasts across the edges of the network rather than the backbone."

      So, you don't think that the average Bittorrent user pays for higher-priced plans than the average non-user? Network neutrality allows charging users for their network usage, it is meant to prevent discrimination based on type of usage. I think it is probably safe to say that people downloading lots of content on the internet (and uploading lots) pay to have faster service than people who don't use it much.

      In a nutshell I agree that metered service would be attractive. But I disagree that Comcast is making substantial profits because the average bit torrent user is buying higher priced plans than they would otherwise.

      there are several reasons for this. First I suspect bit totrrent users are the sort that pay for fast connections no matter what. second, if you have noticed comcast's pricing has a large fixed cost and then small marginal increases for more bandwidth. They are banking on people not really using it.

      third, and perhaps most important of all, in most cases the last mile of comcast's network is a shared line. They can't just increase and decrease capacity at will because some customer wants more now and less later. They have to count on shared behaviour, and burstiness in comms to make the service seem fast to the users. Steady state high band width users are 1) not being charged the cost they impose in signal degredation on the others 2) comcast can't just build out the worst case scenario for all neighborhood usages.

      that might change when capacity at the edges exceeds demand cheaply: e.g. fiber netowrks to the home. this pushes the bottleneck up stream where it will become practical to meter usage.

      SO no I don't believe comcast sees bit torrent as a good thing right now. But they could if they were getting a cut from the content delivery folks.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    6. Re:telecom by X0563511 · · Score: 1

      So you are saying that I can build an insanely powerful transmission system on any frequency I want, if my goal is to communicate with the guy across town?

      Nope. Why? Because the FCC says so.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    7. Re:telecom by commodore64_love · · Score: 0, Flamebait

      >>>So you are saying.....

      STRAWMAN ARGUMENT. No I did not say that. Don't put words into my mouth. It's rude and a flawed basis for debate.
      .

      >>>Nope. Why? [Because your antenna broadcast crosses state lines.]

      Fixed that for ya. When signals cross state lines, then the U.S. has jurisdiction. But since Comcast of Baltimore (for example) doesn't have any signals crossing state lines, it is not subject to the National government. The jurisdiction belongs to the Maryland government.

      This is identical to how the European Union operates - the member state governments do the regulating of ISPs. The central EU government has no such power. Likewise the central US government has no power over Baltimore Comcast.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    8. Re:telecom by plague3106 · · Score: 1

      A friend of my basically said that regarding healthcare, when I said congress doesn't have the authority to force me to buy health insurance.

    9. Re:telecom by Anonymous Coward · · Score: 0

      So you are saying that baltimore comcast produces and films all it's TV shows in baltimore? or do they import these by satellite and inter state cables? I did not realize that.

      Baltimore comcast is selling goods that crosses state lines.

      They are selling outbound services too like voice communications and e-mail.

      You seem to have picked a really bad example of a purely intra state service. next time think of something like hot dog vendors or book printing. the internet is global son.

    10. Re:telecom by dangitman · · Score: 0, Flamebait

      What's the deal with the monospaced font, asshole? Why would you deliberately make your text less readable?

      --
      ... and then they built the supercollider.
    11. Re:telecom by theaveng · · Score: 2, Insightful

      And they don't. I can not lay my hand on any part of the Constitution which says "Congress may force the People to buy a product, or else fine them."

      What's next? We will all have to buy hybrids, or else if we buy a normal car we'll be fined? We have to all buy tankless water heaters, or else we'll be fined? We have to all buy the Bush Biography, or else we'll all be fined?

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    12. Re:telecom by Anonymous Coward · · Score: 0

      Did you really have to write this in a different fucking font you retard?

    13. Re:telecom by kingduct · · Score: 1

      Comcast and others could profit from Bittorrent while maintaining network neutrality. They may not be doing so and probably don't see "bit torrent a a good thing right now," but their desired solution is not one that I agree with. If Comcast chooses to overcharge light users (like me) and undercharge heavy users (like our hypothetical bittorrent users), that is a flaw in their business model, not a flaw with net neutrality.

      As for the content delivery folks, which I assume to understand are the content creators, aren't they also paying for their bandwidth on the other end? Which major content creators are using Bittorrent or other forms of p2p sharing right now? Even if they are using p2p, their users are still paying for the bandwidth. In any case, it seems to me that as long as the bandwidth were being paid for, Comcast wouldn't complain -- except that the content being carried over their bandwidth competes with their own content. That's the crux of the issue; Comcast doesn't want to treat other content creators fairly and is looking for excuses to fight net neutrality.

    14. Re:telecom by Anonymous Coward · · Score: 0

      I believe this is already being done, albeit not by Comcast.
      http://en.m.wikipedia.org/wiki/Vudu%2C_Inc.?wasRedirected=true

    15. Re:telecom by NormalVisual · · Score: 2, Informative

      When signals cross state lines, then the U.S. has jurisdiction. But since Comcast of Baltimore (for example) doesn't have any signals crossing state lines, it is not subject to the National government. The jurisdiction belongs to the Maryland government.

      No, that's not the way it works. If you put up a low-power point-to-point radio link that uses licensed spectrum but doesn't cross state lines, and do it without going through the FCC coordination process to get it licensed, you *will* get hammered by the FCC for it if they find out, and there's not a court in the US that will argue with them. You'd probably be surprised to know that even the low-power transmitters used in US fast-food restaurants for their drive-through windows are required to be licensed, even though you'd be hard-pressed to receive those signals from a mile away. Cell towers are another example, and they and other low-power land-mobile operators comprise the *vast* majority of FCC licensees. There are some exceptions to licensing requirements (the 250 uV/m @ 3 meters allowed between 88 to 108 MHz allowed by Part 15 for stuff like iPod FM transmitters, for instance), but by and large, anything operating outside Part 15 rules that isn't licensed is going to result in problems.

      Besides, as others have mentioned, every ISP can easily be shown to affect interstate commerce given that most people likely are visiting sites in other states most of the time. For instance, if you visit my ex's web site, she receives a fractional sum of money from the ads on her site, therefore your ISP is contributing to interstate commerce. It may not be right, but it's what the guys with the guns are enforcing.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    16. Re:telecom by NormalVisual · · Score: 1

      I imagine the PR issue of endangering human lives by tampering with VoIP traffic is a black mark that even Comcast doesn't want to try to wave away

      That may actually be an effective way to encourage public advocacy of net neutrality, at least in regards to the possibility of having 3rd-party VoIP traffic QoS'ed into uselessness. I don't use a lot of bandwidth overall, but I'd be plenty pissed to have to drop my cheap and full-featured Vitelity account for the crap the ISPs offer at three times the price.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    17. Re:telecom by Gr8Apes · · Score: 1

      If comcast could profit from bit torrent then they will be happy for it because, when done correctly, bit torrent more efficiently broadcasts across the edges of the network rather than the backbone.

      The most efficient means of "broadcasting" anything across the internet or any network is to use multicasting. The biggest impediments to multicasting are:

      • The Microsoft implementation is completely broken, except maybe in the new network stack - haven't tested it yet
      • Many cheap routers don't support it
      • Even some older formerly high-end equipment doesn't fully support it

      BitTorrent is merely a work-around to this lack of current functionality that has been in the IPv4 spec since the beginning, at least far as "broadcasting" goes. It's other purpose is distributed file sharing which is a different use case with different requirements.

      Fortunately IPv6 requires full multi-cast support to be certified. We can only hope to get there sooner than later.

      --
      The cesspool just got a check and balance.
    18. Re:telecom by Anonymous Coward · · Score: 0

      In other words, the Supreme Court has their opinion, and I have MY opinion.

      I love how you live in your own little fantasy world, and pray to the Goddess Altana that you are not actually an influential member of society.

      You and the Supreme Court have differing "opinions" in the same way that I and a Creationist have differing "opinions" on the age of the Earth, which is to say that one so-called "opinion" means jack-shit.

      Here's a hint for which is which. In an earlier post, you tell someone to "Try reading the Supreme Law sometime". Maybe you should take your own advice, as when the Supreme Court makes a decision about any given case, that "opinion" is effectively law*. Yes it's not something Congress wrote that the President approved (or Congress passed by overruling the President with enough of a passing vote), but one of the things that the courts do is interpret the fucking law.

      *Until Congress writes a law clarifying/revising/abolishing the law that the Supreme Court decided on.

    19. Re:telecom by NormalVisual · · Score: 1

      The situation with Comcast doesn't have anything to do with radio transmissions, which is what the previous two parent posts were dealing with. As regards Internet connectivity, the legislation is not in place for the FCC to have regulatory authority over "information services" to impose neutrality requirements. The FCC even admitted this, saying that neutrality was a matter of policy, not regulation. The court agreed, and so here we are.

      TFA does introduce an interesting possibility, which is that the FCC will re-designate broadband Internet as a "telecommunications service". If that happens, then Comcast and every other ISP will be subject to much more regulation than they currently have, in particular the common carrier rules that POTS providers have to abide by.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    20. Re:telecom by bdenton42 · · Score: 1

      Is there really much distinction between "buy this or you will be fined" and "buy this and get a deduction or credit"? Because you were effectively "fined" up to $3,400 for not buying a hybrid, and up to $1,500 for not buying a tankless water heater. OTOH you're not fined for not buying the Bush Biography... the IRS likes to cause pain, but they thankfully do have some limits.

    21. Re:telecom by ShadowRangerRIT · · Score: 1

      Comcast is now in the VOIP market so why not prefer their own packets over others?

      They already do that. Comcast Digital Voice operates on a separate channel, served by a dedicated server separate from their internet service, and does not transmit the data on the public internet. This is why regular VoIP traffic is often degraded if you run it through a router that is being choked by internet traffic (even with traffic prioritization at the router level you'll get problems caused by overloaded receive buffers), while Comcast's service stays the same. Effectively, they degrade the performance of all internet users (since the reserved bandwidth could have been used for internet traffic) to give their voice customers a consistent experience.

      --
      $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    22. Re:telecom by plague3106 · · Score: 1

      What makes you think I agree with those credits either?

      I'd also like to know why business can write off as an expense a car used to move employees, yet I cannot do the same though I use my car to make money (i.e., to get me to work everyday).

    23. Re:telecom by Strange+Ranger · · Score: 0, Offtopic

      Please mod up. -1 to parent post for annoying font.

      --

      Operator, give me the number for 911!
    24. Re:telecom by bdenton42 · · Score: 1

      I was really directly answering theaveng's points, but it wouldn't bother me to eliminate *everything* in the tax code other than a straight percentage of income.

      As far as the business rules on cars goes that is just one example of the completely different tax rules for businesses... e.g. businesses don't get the mortgage deduction, which doesn't affect future tax liability on sale and in fact we get a generous write off of profits if we live there long enough, but rather they must take a depreciation deduction which can increase tax liability if the property is eventually sold for more than the depreciated basis. I don't pretend to know what, if anything, ultimately should be done there.

    25. Re:telecom by donaggie03 · · Score: 1

      Comcast isn't under FCC jurisdiction because congress did not give FCC the authority to regulate the internet. Congress Does have the authority to regulate the internet but that doesn't mean the FBI or any other government entity can choose to enact that power. If congress had gotten around to clarifying the FCC's power here, then this case would have ended differently.

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
    26. Re:telecom by einhverfr · · Score: 1

      Further, I don't understand what the question over whether Congress can properly ban a commercial farmer from growing wheat for personal consumption has any relevance to the question of whether Congress passed a law allowing the FCC to regulate broadband in this manner.

      --

      LedgerSMB: Open source Accounting/ERP
    27. Re:telecom by Anonymous Coward · · Score: 0

      I mentally hear "STOP" after each sentence in that post.

    28. Re:telecom by commodore64_love · · Score: 1

      >>>Is there really much distinction between "buy this or you will be fined" and "buy this and get a deduction or credit"?

      First off, I don't agree with giving people deductions/credits if they buy, for example, a hybrid because I think everyone who earns a set amount of money should pay the same tax. i.e. If I earn $40,000 and you earn $40,000 then we should pay exactly the same dollars to the U.S. IRS. No exceptions.

      That said the key difference is that a deduction is a gift that is pleasant (you pay less tax). A fine hurts. It's a punishment. And it's a punishment enacted without benefit of a trial by a jury of your peers.

      Ask yourself this:

      If someone chooses not to buy health insurance, do you think the government should FORCE them to comply, including being rounded-up by men with guns and carted off to jail (or fined)? If you answer yes, doesn't that use of "force" bother you? Doesn't it remind you of a certain Socialist Union?

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    29. Re:telecom by s73v3r · · Score: 1

      Except ISPs provide communications AMONG the states. If you visit Amazon, and don't live in Washington, then that is interstate, or among the states. Maybe if your ISP just gave you access to local, in town sites, you might have a point. But ISPs typically deal in communications around the world.

      Put it this way: Should a phone company have the right to mess with a call you make to someone in another state?

    30. Re:telecom by s73v3r · · Score: 1

      When a customer of Comcast of Baltimore accesses Amazon, how is that not sending a signal across state lines?

    31. Re:telecom by Anonymous Coward · · Score: 0

      We all have to buy Health Insurance (and the Obama Biography) or else we'll be fined?

    32. Re:telecom by bdenton42 · · Score: 1

      That said the key difference is that a deduction is a gift that is pleasant (you pay less tax). A fine hurts. It's a punishment.

      I would have really preferred that HCR worded it as a tax credit for carrying insurance rather than a fine for not, but again a deduction you don't take is practically no different than paying a fine... in either case you are paying more tax for not buying something than someone else who did.

      And it's a punishment enacted without benefit of a trial by a jury of your peers...If someone chooses not to buy health insurance, do you think the government should FORCE them to comply, including being rounded-up by men with guns and carted off to jail (or fined)? If you answer yes, doesn't that use of "force" bother you? Doesn't it remind you of a certain Socialist Union?

      I don't think trial by jury is relevant here, especially in talking about HCR since the current penalty has no teeth... going to get some popcorn and watch how THAT turns out. /smirk

    33. Re:telecom by smartr · · Score: 1

      What's next is high taxes for everyone and more tax credits... Sure, they don't like to word it like, "We're putting a tax on everyone, then giving a credit to the people fortunate enough to have health care - health care bill", so yes I'd say it's unconstitutional. Of course, it might be reasonable to argue that all tax credits are inherently a hack job way for the federal government to gain unconstitutional authority over the states... Never mind highway funding requirements...

    34. Re:telecom by AK+Marc · · Score: 1

      Yes the FCC has authority over commerce/communications AMONG the States. Not inside. Not over a local ISP that operates inside a town or county and does not cross the border. (Try reading the Supreme Law sometime.)

      Almost all packets go to more than one state. As such, they have authority, just like kidnappings over 24 hours, even those where there may be a presumption that in this case there was no travel over state lines, are under the jurisdiction of the FBI. Since nearly all kidnappings over 24 hours involve crossing state lines, they get to play.

      You try reading sometime. There's more to law than just the Constitution. It's possible to operate under that and still regulate something like the Internet, a network designed to connect almost anything almost anywhere (crossing state lines in almost all cases).

    35. Re:telecom by AK+Marc · · Score: 1

      In other words, the Supreme Court has their opinion, and I have MY opinion.

      The problem is that you present your opinion as fact. That fact is wrong as long as the Supreme Court disagrees with you. So you are presenting facts you know to be functionally incorrect as truth because you don't like them. Just so you know, that fits every definition of "liar" I've ever seen. Perhaps if you don't want to appear to be a lying nutjob, you should toss in a qualifier or two into your declarations of fact.

    36. Re:telecom by X0563511 · · Score: 1

      Well, nowhere did I state that the signal was sent out of state. You assumed I meant an omni-directional transmitter. As NormalVisual here states, this isn't the case - and even so you STILL get nailed for it.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    37. Re:telecom by Compaqt · · Score: 1

      I thought you were going to actually argue in favor of ridiculous decisions like Willard.

      The fact is that decisions like Willard are nothing more than sophistry designed to achieve a particular result (in this case deciding in favor of a blatantly unconstitutional application of a federal law).

      If the commerce clause can be used to regulate strictly intrastate commerce (or even no commerce at all!), what was the point of that clause in the first place? The framers could just have said Congress has power to regulate all commerce, why did they bother to put the part about "among the several States"?

      (Note: this is not to say I don't agree with net neutrality. I do, and the Internet is interstate.)

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    38. Re:telecom by Compaqt · · Score: 1

      Why is this modded flamebait?

      He cited some recent Supreme Court cases, and also the words of the founders. Those are facts, and not opinions.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    39. Re:telecom by commodore64_love · · Score: 1

      >>>The problem is that you present your opinion as fact.

      "written by commodore64_love". I think it's quite clear that every one of my posts is MY opinion. That you mistake it for fact seems illogical. - Also when it comes to laws, there's really not much room for debate. "Speed Limit 55" is pretty damn clear. Sure cops might bend the rules a little and let you go 65 before pulling you over, but the ticket clearly states "exceeded 55 by ten mph". That's the law.

      OUR law says "regulate commerce among the states" not inside the states.

      .

      >>>That fact is wrong as long as the Supreme Court disagrees with you

      "The Supreme Court offered their opinion, and I offered my opinion. I will follow my opinion of what the Constitution says." - President Andrew Jackson. Ultimately the Supreme court's opinion is merely that - opinion. In most cases after the Court nullifies a law, Congress merely turns around and passes it a second time.

      And then of course there's State Nullification. After Congress passed the Fugitive Slave Act in the 1800s, and the Supreme Court upheld it, the New England States and Pennsylvania refused to comply. They provided protection to any escaped slave who desired freedom, in direct opposition to the U.S. Supreme Court.

      The Supreme Court offers judgements on cases and *opinions* on Congressional law. Nothing more. States routinely ignore those opinions, such as passing Medical Marijuana laws in opposition to the court's ruling that marijuana is still banned.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    40. Re:telecom by commodore64_love · · Score: 1

      >>>Nope. Why? [Because your antenna broadcast crosses state lines.]

      Fixed that for ya. When signals cross state lines, then the U.S. has jurisdiction. But since Comcast of Baltimore (for example) doesn't have any signals crossing state lines, and only serves Baltimore and the surrounding counties, it is not subject to the National government.

      The jurisdiction belongs to the Maryland government. This is identical to how the European Union operates - the member state governments do the regulating of ISPs, not the central EU government. Likewise the central US government has no power over Baltimore Comcast.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    41. Re:telecom by commodore64_love · · Score: 1

      >>>When a customer of Comcast of Baltimore accesses Amazon, how is that not sending a signal across state lines?

      Because you don't access amazon directly. You first talk to Comcast, and then Comcast talks to amazon. So if Comcast wants to block amazon (or an objectionable site like goatse) they can. They are not required to pass the information down their local area network (that which serves Baltimore).

      In fact my ISP Verizon does exactly that. I can no longer access rec.arts.tv, rec.arts.music, or any other usenet site. Verizon chose to stop supplying then to the local LAN.

      The only government with the power to overrule Verizon's decision is Maryland's government (intrastate commerce), not the U.S. government. That's how federalism works, both here in the US and across the pond in the EU. It's separation of powers.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    42. Re:telecom by commodore64_love · · Score: 1

      >>>Almost all packets go to more than one state.

      Yes and the U.S. government has authority over those packets as they cross state lines. However once they reach their destination (Comcast of Baltimore's central office), the authority ends. The jurisdiction now belongs to the Maryland government to regulate the LAN which services that city.

      This is no different than how the EU operates. International packets are the responsibility of the EU government until it reaches its destination (example: comcast of london), then the jurisdiction passes to the UK Parliament.

      That's federalism - separation of power.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    43. Re:telecom by commodore64_love · · Score: 1

      >>>I would have really preferred that HCR worded it as a tax credit for carrying insurance rather than a fine for not

      Agreed.

      But what I REALLY prefer is to have *freedom* and liberty. That means I get to decide for myself how I want to spend, or not spend, my money as a liberated individual (i.e. no longer a feudal serf). I am pro-choice, whereas this Pelosicare bill is anti-choice: Do it or else.

      I find it ironic that Democrats call themselves pro-choice, and yet exercise it so infrequently, taking away choice and replacing it with monopoly.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    44. Re:telecom by AK+Marc · · Score: 1

      "written by commodore64_love". I think it's quite clear that every one of my posts is MY opinion.

      That you can't distinguish between "I think the Supreme Court is wrong, and this is how it should be" and "This is how it is because my reading of the Constitution is more correct than the Supreme Court's" indicates that you lack the intellectual capacity for discussion. Those aren't the same, and one is presented as an incorrect fact (making you a liar) and the other is an opinion. You tell known untruths in order to deceive your readers. You are a habitual liar that uses the excuse of laziness for your lies.

      Their "opinion" *is* law. Yours is the rant of a mentally unstable guy on the Internet.

  36. Login page, NOT the opinion by choongiri · · Score: 3, Insightful

    $.08 per page. That's only really worthy of +4 informative if parent also post's his/her PACER login details.

    1. Re:Login page, NOT the opinion by TubeSteak · · Score: 4, Informative

      $.08 per page. That's only really worthy of +4 informative if parent also post's his/her PACER login details.

      http://www.scribd.com/doc/29489974/Full-Text-Comcast-vs-FCC-Federal-Court-Ruling
      Found Here by using the googles

      Any court decision worth reading will almost always be hosted somewhere else within hours of showing up on PACER.

      --
      [Fuck Beta]
      o0t!
    2. Re:Login page, NOT the opinion by Anonymous Coward · · Score: 0

      Opinions are free. Other court documents cost $.08/page, but opinions are free.

      http://www.uscourts.gov/Press_Releases/2010/JudicialConferenceMar2010.cfm

    3. Re:Login page, NOT the opinion by Anonymous Coward · · Score: 1, Informative

      Registration is free and "users are not billed unless they accrue charges of more than $10 of PACER usage in a quarterly billing cycle."

      +4 informative affirmed.

    4. Re:Login page, NOT the opinion by smooth+wombat · · Score: 1

      Had the editors chosen the story I submitted, a link to the legal opinion was included. However, as they chose the first story submitted, the following link will have to do:

      Legal opinion.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  37. Comcast missing a crucial point by HaeMaker · · Score: 1

    Comcast Cable pays networks for the privilege of carrying their content. If I were Google, and Comcast came knocking, I'd say, "YOU pay ME $1/subscriber, or I will filter your users from my site."

  38. Eminent Domain by Migraineman · · Score: 1

    The cable companies are using eminent domain to run their wires through the right-of-way in my yard (buried, on the pole ... doesn't matter.) That little tidbit should force the neutrality issue upon them. Don't like it? Fine, contract with each and every individual for compensation for running the cables through private properties. If the FCC doesn't have jurisdiction on this, the states certainly should.

    1. Re:Eminent Domain by cdrguru · · Score: 1

      You are kidding, right? The "solution" for eminent domain is to not bother. The way business works is when you introduce enough costs and red tape into the process to make it not worth bothering with any more the investors move along to find a greener pasture.

      Sure you could eliminate the right-of-way which is demanded by utility companies as part of every suburban development. But why would the electric company, phone company and cable company contract with the homeowners? They might contract with the developer - maybe. More likely they would just not bother and wait until the homeowners did something sensible.

      If you haven't seen that, you haven't lived in a rural area where there are no right-of-way easements. The power company comes in and says they want to cut down a 20 foot wide swath of trees. The home owner says he loves his trees and they can't take them. Power company ways too bad, guess you don't get electricity.

      It would go down pretty much the same, only I suspect most suburban homeowners would be demanding that the local government "take" the easement so they could have electricity. And phone. And cable TV.

      The eminent domain you are thinking of was already done when the subdivision was divided. Is is in the deed as an easement.

    2. Re:Eminent Domain by Migraineman · · Score: 1

      Several years ago, I tried to get Fios service. In spite of being in a city-density suburban environment, Verizon didn't offer the service in my neighborhood of single-family homes. They had much higher priorities - build out the high-density townhouse and condo/apartment areas. Several years passed, and Fios was still not offered to me. However, the Verizon fiber crews showed up in my front yard one afternoon to string fiber along the utility poles. Yep, they brought Fios in ... to the community on the other side of mine. I couldn't get service to save my life, in spite of being 4000 ft. from the local CO, but Verizon was more than happy to transit my property on the mandated right-of-way easement.

      So this is what I'm bitchy about. The private for-profit company is using the state-mandated utility corridor on my property, but won't provide me access to the service. I got to clean up the mess after the installation crews chewed the crap out of my yard. I receive no benefit from this situation.

  39. Good by Anonymous Coward · · Score: 0

    The FCC has too much power, cue George Carlin.

  40. Net Neutrality is simple, don't let FUD throw you by spun · · Score: 2, Insightful

    Ah, really? What alternative definitions, besides the common one, have you heard? It's really pretty simple and it boils down to this: you treat everyone's traffic on your network the same, whether any of the endpoints are in your network or not. You want to perform traffic shaping? Fine, you shape traffic the same for your customers as you do for your peers. What you can't do is say, "well, Google isn't paying me for hosting, so I'm going to slow down everyone's access to Google until Google pays me." See? Simple.

    So prove to me that your comment isn't FUD and tell me what other definitions you've heard.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  41. Tubes by Anonymous Coward · · Score: 0

    Because the internet uses tubes, not wire or radio.

  42. Re:ROFLCOPTER by Pojut · · Score: 0, Offtopic

    I know this is old, and I know it's a troll tool...but holy crap is it funny.

    As a jew, I find jew jokes to be some of the funniest ones out there :-)

  43. Well, you wanted it by cdrguru · · Score: 1

    Like it or not, what "net neutrality" is going to bring is a clear separation between content and communications. About the only thing that Verizon and Comcast are going to be able to do is really split off the ISP part of the business into a standalone unit. Why would they do this? Because it gives them a tremendous amount of immunity from people attacking them for not being "neutral".

    It also means that the subsidy of Internet providing ends. Instead of Comcast being able to write off a lot of the cost of being an ISP because it improves the cable TV business, the new ISP unit will have to stand on its own. That is going to mean some very large rate increases. Same thing on the DSL side, with the $15 DSL plans going the way of $0.39 a gallon gas.

    I would expect cell phone service to be split the same way. Sure, there is no reason not to use Skype on your cell phone with an unlimited data plan and never, ever touch the "phone" side of the service. Of course, you will be paying $100 a month for the data plan from a different business unit. The advantage for the cell carrier will be two business units, two annual reports and two profit centers. You wouldn't really expect that the cell phone side would be able to continue supporting the data plan side when they are competing against each other, would you? It would be like Burger King subsidising McDonalds.

    The result of all of this is that costs will be far more transparent. Because there are more profit centers and business units the costs will overall be higher, but you will know that you are paying $35 a month for cable TV and $65 a month for Internet service instead of $90 together.

    I don't see any new costs because of network neutrality, other than the plan of instead of soaking their customers forcing content providers to cough up the dough. It might seem nicer to have a low ISP bill, but the whole idea of "network neutrality" is to push the cost back on the ISP customer where some believe it belongs.
    The end result is pretty much the same, though because if Google was paying they would make the advertisers pay, who in turn would make the customers pay. End result is the same - the customers pay. Imagine that.

    1. Re:Well, you wanted it by vlm · · Score: 1

      Instead of Comcast being able to write off a lot of the cost of being an ISP because it improves the cable TV business, the new ISP unit will have to stand on its own. That is going to mean some very large rate increases.

      I will not speak for my current employer, whom is not Comcast, but you're making the huge assumption that cablemodems are unprofitable, or at least less profitable than video service. You might be very surprised by the actual numbers. People have been carefully conditioned to cough up a rather constant sum of money, while the cost of the machinery and bandwidth has collapsed, and the cost of making a service available to an area, per subscriber, shrinks as the number and percentage of subscribers increases. In many areas, cablemodems are more popular than domestic pets.

      The biggest problem is paying for network maintenance. Out of 700 MHz of bandwidth, should cablemodems cough up about 12 MHz/700 MHz about 2% of the network maintenance costs, or some sub count number in the ratio of settop boxes vs cablemodems or ...

      Now your argument MIGHT work for marketing to sneak thru a rate increase, hey pure profit can't leave that on the table. Sounds like you believe that argument, others probably do too.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
  44. Not an FCC issue by discojohnson · · Score: 4, Insightful

    This is an FTC issue. If you want the FCC to keep their hands off of the broadcast flag or a three-strikes program, then they need to not be in net neutrality business either.

  45. A win for freedom by Bodero · · Score: 1

    A win for freedom - even if you support Net Neutrality.

    I do support Net Neutrality. I think the very companies that it would apply to are government-sanctioned monopolies or duopolies, giving few a choice if they implement anti-neutral policies.

    HOWEVER... Let's let our elected lawmakers decide the issue. This is the problem with America today, the UNELECTED 4th branch of government: the bureaucracy. Policies that get set in stone with nary a vote on the issue, let alone on the official that enacted it!

    If you agreed with Net Neutrality, get it passed as a law. Today, the FCC (or EPA or any other bureaucrat) can be issuing a policy you agree with, and in later administrations, the opposite - but regardless, you have no say.

    1. Re:A win for freedom by yumyum · · Score: 1

      From day 1, our Congress has used its authority to create agencies to perform work under a charter. You may not like it, but our founding fathers did it.

    2. Re:A win for freedom by Bodero · · Score: 1

      Performing work is much different than implementing binding restrictions and regulations.

      The Alien and Sedition Act weren't regulations passed by the FCC (the Fairness Doctrine was).

    3. Re:A win for freedom by einhverfr · · Score: 1

      Sure, but Congress has to explicitly delegate this power, right? If Congress has not said "The FCC may regulate the internet in any way it wants" then the FCC is presumably bound to whatever specific powers have been delegated. Even if Congress did, the FCC could only regulate the internet in any way it wanted that was within Congressional power to do so. It couldn't implement a "nobody may criticize the FCC rule" for example.

      This was a case as to whether Congress delegated that power. Nothing more, nothing less. It's a win for freedom because it prevents executive agencies from writing whatever laws they want under the broadest possible reading of the delegation statutes.

      --

      LedgerSMB: Open source Accounting/ERP
    4. Re:A win for freedom by The+End+Of+Days · · Score: 1

      The bureaucracy isn't some mysterious 4th branch of government, it's the Executive branch. The real problem, as it has been for some time, is that the Executive is power hungry. Notice all these military actions with no Congressional declaration of war, for instance?

  46. Sheesh. by Anonymous Coward · · Score: 0

    This isn't the death of net neutrality as everyone seems to be crying. The court decision was just that the FCC doesn't have the authority, but it is noted that congress can grant them that authority if they want. What are the chances that congress would be OK with giving a government body more power? Also, people don't seem to understand that the courts don't have the power to simply decide these things... they simply interpret the laws that are on the books. If a law is added giving the FCC the authority, then the courts will be on the other side of the issue. It isn't the court's choice, but the lawmakers' that matters. This is simply a delay.

  47. No rules for them to actually enforce. by joeytmann · · Score: 1

    OK, I know most of you actually haven't RTFA this being /. and all, but if you do you will see that Comcast is right. The FCC dulled its own teeth in 2005 when they deregulated broadband. Was that stupid then, ofcourse it was. But until the US government adopts rules to allow more competition, ie making the infrastructure an open network, Comcast and other large ISP won't let anyone else be an ISP on their infrastrucutre with out paying a huge amount of money to "lease" it. I think there was a good article in Newsweek about why the US's broadband access was the 12th slowest and most exspensive to use and it gave examples of what other country's, namely South Korea, had done to bring cost down for the consumer.

    --
    Insert funny smart-ass comment here.
  48. Funny Explanation. by headkase · · Score: 2, Informative

    Funny, TechDirt explains why this is good.

    --
    Shh.
  49. Double-edged sword by Locke2005 · · Score: 1

    If the ISP is filtering traffic, doesn't that blow their "common carrier" claims out of the water? In other words, if you censor the content, don't you automatically become responsible for the content?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Double-edged sword by MBGMorden · · Score: 1

      I don't know any ISP that's made common carrier claims. It's more of a thing dragged out by Slashdot than something that applies to ISP's out in the real world. You might as well clamor that by this action they're risking their woozles becoming whatzits.

      Besides - they weren't really censoring content. They were SLOWING (but not blocking) a class of transmission, without any regard whatsoever as to the content.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    2. Re:Double-edged sword by Moonrazor · · Score: 1

      I'm not sure that filtering has an effect on their common carrier status. I believe that you are referencing their "Safe Harbor" status under the DMCA which protects ISPs from being sued by copyright owners for the works that the ISP's users are transmitting across the carriers lines.

      --
      Burn the land and boil the sea........
  50. What's wrong with QOS by Albanach · · Score: 1

    I'm not entirely opposed to this. I'd love an ISP that would let me pay an extra $1 or 2 a month and give priority to my VoIP traffic. I'd happily pay for it to go faster than my or my neighbor's p2p download.

    The trouble is the lack of last mile competition in the United States. Where you have only one or two carriers to choose from, you can't simply go elsewhere if they implement what could be a sensible measure in a way you don't like.

    Still, I'm not sure we should be prohibiting something that could benefit users simply because it could be used in a way that doesn't.

    1. Re:What's wrong with QOS by AstynaxX · · Score: 1

      Indeed, I would also not mind the option of paying a small fee for such things. But that assumes that it would be 1. optional and 2. a small fee.

      Fact is, most sources for Internet access also offer voice plans. VoIP is competition for them, so it is unlikely they'll offer a 'fast lane' (read: actually usable speed) for it given the opportunity to do otherwise. If they make any honest offering of priority for VoIP traffic at all, expect it to cost nearly as much, if not potentially more, than their own voice plans currently do.

      --
      -={(Astynax)}=-
      "Darkness beyond Twilight"
  51. Will they filter Netflix? by Anonymous Coward · · Score: 0

    I care a lot less about BitTorrent than I do about Comcast hampering their tv content competitors.
    If they start blocking Netflix streaming I will drop them like a hot brick.

  52. That doesn't make them dictators. by pavon · · Score: 2, Insightful

    The preample of the constitution begins:

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

    That doesn't give the government the power to do whatever it wants just because it thinks that it insures domestic tranquility. It is just a non-binding purpose of statement, and the specific grants of power follow. The same is true of the section you quoted from the FCC charter.

    The FCC are not the communication dictators of the US. They don't get to do whatever they want just because they think it is good idea. They have been granted specific powers to regulate specific aspects related to communication, and that is it.

    In this case they had sanctioned Comcast for violating the FCC's Internet Policy Statement. The statement itself states that it is not legally binding, just a set of guidelines. In court, the FCC could not point to a single statute that gave them the power to regulate the internet in this manner. They were blatantly operating out of their granted powers and the judge ruled accordingly.

    This is not a setback for net-neutrality, because net-neutrality doesn't exist yet. This ruling does nothing to prevent us from creating net-neutrality laws, nor is there any reason that it will sway popular opinion against them.

    This is a win for the rule-of-law and should be applauded.

    1. Re:That doesn't make them dictators. by Hatta · · Score: 1

      This is a win for the rule-of-law and should be applauded.

      Funny how the rule of law only applies when it's in favor of powerful interests. Can't sanction Comcast - rule of law. Can't imprison AIG execs - rule of law. Yet CIA agents who break the law by torturing get a free pass. Same for FBI agents placing illegal wiretaps.

      It's about time we realize that in the US the rule of law is meaningless. It applies only when it is convenient for the powerful.

      --
      Give me Classic Slashdot or give me death!
    2. Re:That doesn't make them dictators. by The+End+Of+Days · · Score: 3, Insightful

      Nearly anything is true when you operate on the principles of confirmation bias.

    3. Re:That doesn't make them dictators. by pablo_max · · Score: 1

      You are aware that the constitution has more than the preamble right?

    4. Re:That doesn't make them dictators. by Anonymous Coward · · Score: 0

      We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

      That doesn't give the government the power to do whatever it wants just because it thinks that it insures domestic tranquility.

      This isn't about insuring domestic tranquility, this is about promoting the general welfare...

    5. Re:That doesn't make them dictators. by Anonymous Coward · · Score: 0

      not to nit-pick, but I think your 'b' fell down....it's "preamble". :)

  53. alternate definition of net neutrality by Chirs · · Score: 1

    The main alternate definition that I've heard is essentially that Carriers/ISPs are not allowed to do anything but limit the bandwidth. No shaping, no filtering, no prioritizing by type--just bandwidth limiting based on subscriber's allocation.

    The rationale behind this is that if I pay for a certain amount of bandwidth, my ISP shouldn't care what sort of packets I choose to send over it.

    1. Re:alternate definition of net neutrality by spun · · Score: 1

      Okay, so the two definitions we have are 'no limits' and 'fair limits.' While this makes the GGP's statement technically true, I believe he was implying there was some sort of vast and mysterious difference in versions of net neutrality, and that we should therefore be afraid of it. There is NO vast difference between different formulations of network neutrality.

      I'm for either one, really, but I think 'fair limits' is better, because there are legitimate reasons for tiered access. If I want to do video conferencing, for instance, I want to be able to buy a low latency plan. That requires traffic shaping and prioritization. It's not all about the GB/s, there are other parameters that define a network pipeline.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:alternate definition of net neutrality by Dragonslicer · · Score: 1

      "Fair limits" is still ambiguous, and I'm sure ISP's would claim that limiting BitTorrent to 1 KB/s is fair. "No limits" would be better, but it's important to keep in mind that prioritization is different from artificial limits. If you have a VoIP connection open, it's fine to prioritize that over your BitTorrent traffic, even if that effectively limits your BitTorrent bandwidth. What shouldn't be acceptable is having a limit of X KB/s for BitTorrent, no matter how much available bandwidth there is.

      Net Neutrality, though, has a somewhat different primary goal. Net Neutrality isn't as much about prioritizing or limiting bandwidth based on protocol, but based on endpoints. Prioritizing Comcast's VoIP traffic over Skype's VoIP traffic is clearly anti-competitive, and that's what needs to be stopped first.

    3. Re:alternate definition of net neutrality by Chirs · · Score: 1

      Under the "no limits" version the ISP wouldn't do prioritization either. Each individual subscriber would have the option to prioritize their own traffic, but the ISP as a whole would simply transfer the traffic from each subscriber based on their allocated bandwidth.

      Your comment about Net Neutrality assumes the very definition that is being discussed. In my view, Net Neutrality means just that--neutral. Neutral to endpoints, neutral to packet type, neutral to phase of the moon. The *only* reason the ISP should be allowed to throttle any of my packets is if I'm using more bandwidth than I paid for. Of course, I'd also like to see actual service level agreements even for consumer connections.

    4. Re:alternate definition of net neutrality by Dragonslicer · · Score: 1

      Well sure, of course it would be nice if customers could actually get the bandwidth they were sold, but I don't see that happening any time soon. Realistically, if an ISP had (advertised bandwidth * number of customers), a large percentage of that bandwidth would sit idle and be wasted. Most people here are probably willing to accept prioritization that comes from legitimate QoS concerns. VoIP packets are time-sensitive, while BitTorrent packets aren't. VoIP requires a fairly consistent bandwidth, while BitTorrent can use bursts of bandwidth just fine. Most, if not all, of the people that would complain about their Linux disc images downloading in 21 minutes instead of 20 minutes are probably of the "I've got mine, the rest of you can fuck off" type; if they had nothing to complain about, they'd be compelled to find something to complain about.

    5. Re:alternate definition of net neutrality by BobPaul · · Score: 1

      Has this one ever been proposed in legislation? I've heard this one two, but only from ISPs complaining about the limits it would cause or random people not in the industry.

      The only one I've seen talked about by representatives in support of Net Neutrality is the parent's.

  54. series of tubes by Anonymous Coward · · Score: 0

    There are neither wires nor radios in my series of tubes.
     
      And yes, it is in fact turtles all the way down.

  55. Solution is the same as it always was by Anonymous Coward · · Score: 0

    Nationalize the infrastructure and have the private sector handle services.

  56. Wiccard V Filburn grants FCC regulation by goombah99 · · Score: 2, Informative

    Here is the case law that lets the FCC regulate this

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Wiccard V Filburn grants FCC regulation by Dishevel · · Score: 1

      That was the worst decision the Supreme Court of the United States has EVER made. It has given the federal government way more power than they should ever have had. I personally wish I could go back in time a shoot those fuckers for what they did. Citizens of the US have been paying the price for this ever since.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    2. Re:Wiccard V Filburn grants FCC regulation by Anonymous Coward · · Score: 0

      Here is the case law that lets the FCC regulate this

      No, that's the case law that lets Congress regulate this. But first they have to, you know, actually pass the legislation.

    3. Re:Wiccard V Filburn grants FCC regulation by hoppo · · Score: 1

      That particular court was pretty much an arm of FDR's administration. They took his agenda as marching orders, granting him de facto dictatorial powers. After all, they also upheld his decision to inter over 100,000 innocent US citizens against their wills, simply because of how they looked. As much as we all complain about the government, nothing bad the modern federal government has come close to the abuses of power we had under FDR, particularly in his later terms.

    4. Re:Wiccard V Filburn grants FCC regulation by Anonymous Coward · · Score: 0

      That was the worst decision the Supreme Court of the United States has EVER made. It has given the federal government way more power than they should ever have had. I personally wish I could go back in time a shoot those fuckers for what they did. Citizens of the US have been paying the price for this ever since.

      Shoot the fuckers? You must be an Obama voter.

    5. Re:Wiccard V Filburn grants FCC regulation by einhverfr · · Score: 2, Insightful

      First, Wickard has been wounded by more recent cases (including Lopez, Morrison, and even Raich). In each case, the courts have stood by the Wickard decision but narrowed it to a fairly basic holding, namely that Congress, pursuant its powers to regulate interstate commerce, can regulate the production of goods and services which are likely to "leak out" into the area of interstate commerce. In Raich, for example, Wickard was characterized not as supporting the goal of price support by any means necessary, but rather via the concern that the wheat for personal use would be sold in interstate commerce if there was a surplus.

      Wickard was a pretty aweful decision. I don't think anyone here would stand by the dicta in that opinion that Congress could require the purchase of wheat solely in order to increase wheat prices and support farmers, nor is it likely that the current court would pay as much attention to the fact that wheat is pretty fungible that the court did in Wickard. It's an outlier and although it hasn't been formally overturned, I wouldn't read it broadly and expect it to hold up. It should be read narrowly and as characterized in Raich and Morrison.

      Secondly Wickard is entirely irrelevant here. The question of whether the FCC can regulate broadband in this fashion is not a commerce clause question, but rather a more general question of separation of powers. I have no doubt that Congress could delegate this power to the FCC, but that is far different from saying they have actually done so.....

      --

      LedgerSMB: Open source Accounting/ERP
    6. Re:Wiccard V Filburn grants FCC regulation by commodore64_love · · Score: 1

      (1) I don't see how a case about WHEAT has any relevance to a case about modern computers that didn't even exist in ~1940.

      (2) Wiccard v. Filburn has been effectively invalidated by several recent decisions. For example Congress attempted to ban guns within "school zones" on the basis that guns are part of interstate commerce. The Supreme Court nullified that law as it violated the separation of intrastate and interstate commerce. The 2000-era SCOTUS has also nullified a number of other laws on the basis of them being INTRAstate commerca and not within Congress' power.

      (3) Let's ask James Madison, the man who authored the Constitution. He knows better than anybody what he meant when he scribed the words on the page: "With respect to the words "general welfare," I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character, which there is a host of proofs, was not contemplated by its creators."

      "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents...." President James Madison as he vetoed a bill.

      "There is nothing more natural than to begin with a general statement and then qualify it with specifics. [In other words read the WHOLE sentence, not just the first clause.] If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one." James Madison.

      And if you still have doubt, just read the Constitution itself:

      "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." "The Tenth Amendment is the foundation of the Constitution." Thomas Jefferson

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:Wiccard V Filburn grants FCC regulation by commodore64_love · · Score: 1

      Wiccard v. Filburn turned Farmers into serfs, who were unable to grow any wheat except with the permission of the Lords..... oooops I mean the Congressional representatives.

      In this specific case, the farmer grew approximately 20 acres of wheat to feed his cows, sheep, and chickens. i.e. For his own usage. The Master... I mean Congress told the serf he's only allowed to grow ~10 acres. Who here thinks this was the original intent of James Madison when he wrote the Constitution? When it was approved by the 13 founding States? To turn farmers into serfs like a feudal state?

      Not I.
      .

      >>>The problem is that you present your opinion as fact.

      "written by commodore64_love". I think it's quite clear that every one of my posts is MY opinion. That you mistake it for fact seems illogical. - Also when it comes to laws, there's really not much room for debate. "Speed Limit 55" is pretty damn clear. Sure cops might bend the rules a little and let you go 65 before pulling you over, but the ticket clearly states "exceeded 55 by ten mph". That's the law.

      OUR law says "regulate commerce among the states" not inside the states.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    8. Re:Wiccard V Filburn grants FCC regulation by einhverfr · · Score: 1

      In this specific case, the farmer grew approximately 20 acres of wheat to feed his cows, sheep, and chickens. i.e. For his own usage. The Master... I mean Congress told the serf he's only allowed to grow ~10 acres. Who here thinks this was the original intent of James Madison when he wrote the Constitution? When it was approved by the 13 founding States? To turn farmers into serfs like a feudal state?

      As I say, having read "Wickard v. Filburn" I think the decision has to go down as one of the worst-written Supreme Court decisions in history. The court made extremely broad declarations of what Congress could do necessary and proper to the regulation of interstate commerce.

      However, when you look at more recent decisions, Wickard has been narrowed quite a bit. The Wickard court's reliance on the fact that wheat was fungible was not found in Raich, for example. Basically, the Wickard court seemed to base it's determination on the idea that a bushel of wheat produced for home use was a bushel not purchased. However, in Raich, the court characterized the concern as merely a concern that the wheat might be sold interstate if prices remained high. (I am not a fan of Raich either, but it is a heck of a lot better than Wickard.)

      I don't think that Wickard has much continuing relevance today by itself. The question is no longer what Wickard allows, but what Wickard, as narrowed through Raich, Lopez, and Morrison allows. I think that's a very different question with a very different answer. But neither case really addresses whether Congress would have the right to regulate commercial services which offer interstate delivery of goods or information.

      --

      LedgerSMB: Open source Accounting/ERP
  57. There is an article on it.... by forgot_my_username · · Score: 1

    Here is an article written by a friend on it.

    net neutrality

    it doesn't actually seem like a net neutrality issue to me.
    It seems like corporate sponsored censorship.

    I am confused

    I probably need coffee

  58. Illogical philosophy by hellfire · · Score: 0, Troll

    Once the internet is completely metered and locked down, with corporate traffic given huge priority over private traffic, I wonder if all the "free market solves everything" libertarian types will still be so anti-regulation....

    The libertarian philosophy is illogical at it's heart. Taking government out of everything in our lives is not government, it's Anarchy. Once the government gets involved in anything, it's no longer libertarian. It could be conservative, but it's not libertarian. And if you think the government should only be providing national defense and nothing else, then what about police and courts? Again, no rule of law, just Anarchy within the borders.

    My father is the president of his home town council. Every libertarian he's every had to deal with wants the government to stay off their land and out of their life... until their neighbor does something to piss them off, then they march in demanding action from the government. It's just not logical.

    Considering the philosophy is not logical, and many of them are, IMHO, downright crazy, I seriously anything short of a holocaust will change their minds. Even some conservative Republicans continue to say the economic downturn was because we weren't conservative enough in our regulation laws, and they and libertarians will cling to statements like that until the end of days.

    --

    "All great wisdom is contained in .signature files"

  59. it's one thing to rail against governments by circletimessquare · · Score: 1

    it's another thing to propose a workable alternative

    so, for example: yes, universal healthcare makes complete sense

    of course universal healthcare has downsides. but if you wish to complain about those downsides, enunciate a lucid alternative. however, every alternative, including the nonsense system we had before the recent healthcare overhaul, had far worse downsides

    so if you can't enunciate a working alternative to something like universal healthcare, accept it and embrace it. otherwise, what is the point of your complaints? accept that some things are best run by the government, even with all of the negatives that implies (simply because your alternatives have far worse negatives), and therefore live in reality

    what i want to know is why do we have people running around with rabid fundamentalist opposition to the idea of big government, rather than lucid, intelligent opposition to the idea of big government? until i see someone against the idea of big government enunciate a coherent logical argument, rather than all i see: a religious act of faith that "big government=bad", then i am completely unswayed, unimpressed, and totally turned off by the anti-government crowd as a bunch of ignorants and hypocrites

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  60. Not really... by suprcvic · · Score: 1

    It's not really a setback considering the legal framework for it doesn't exist. Looks like the net neutrality movement now has a Square One to begin from. I'm on the fence when it comes to net neutrality as I believe it's a corporations right to charge how they see fit and if customers don't like it they can go elsewhere. On the other hand, many of the ISP's are government sanctioned monopolies which I don't agree with at all.

  61. Another takeover? by WheelDweller · · Score: 0, Troll

    Trust me: you want the government OUT of your internet.

    Let's look at the SSN; we were told it'd never be needed outside of that program. That changed.

    Let's consider seat belts. Thanks to 'Unsafe at any Speed' the government had a toe-hold on the auto industry and regulated it nearly to death.

    Let's think about the military; while they risk their lives, pencil-necked geeks go to the UN and write RIDICULOUS LAWS like the one that snipers must be fought from the ground, they can't climb up the tower and shoot them in the back.

    Everything the government touches turns to crap.

    No? Amtrack. Social Security, Welfare, Medicare, everything's bankrupt and we're borrowing more. SHOW ME ONE SUCESSFUL GOVERNMENT PROGRAM.

    If the FCC gets control over the ISPs it won't stop there. Soon it'll be government control over content. "Not enough FTP is being used; you must now buy BigCo-brand FTP software to do your web browsing" and other brain-dead, not-even-veiled attempts to corner the market to make a political friend a billionaire. Again.

    If you don't like Comcast's network trickery, you can cut off the account! When enough people do this, they'll be out of business.

    PLEASE DON'T LET THE BLIND, STUPID STORMTROOPER IN.

    Mark my words: this is one disaster that can wait.
     

    --
    --- For a good time mail uce@ftc.gov
  62. wrong by goombah99 · · Score: 1

    Comodoe64_love, you are wrong. see this post and the one below it to learn about constitutional and federal law

    --
    Some drink at the fountain of knowledge. Others just gargle.
  63. Re:since the FCC likes to use telephone comparison by maxwell+demon · · Score: 1

    No, it would be more like allowing AT&T to prevent you from using fax machines over their network.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  64. Article in Wired Says by MrTripps · · Score: 1, Informative

    “This crisis is not a result of a weak Congressional law, but a direct consequence of the previous two Commission’s misguided and overzealous attempts to completely deregulate America’s communications networks. Past FCC actions created a huge loophole in the law that leaves the agency unable to protect consumer privacy or promote universal broadband access,” said S. Derek Turner, Free Press’ research director. Read More http://www.wired.com/threatlevel/2010/04/net-neutrality-throttle/#ixzz0kLU62cLV

    --
    "I'm not a quack, I'm a mad scientist! There's a difference." - Dr. Cockroach
  65. Ridiculous by Anomalyx · · Score: 2, Interesting

    My personal opinion is that ISPs are ridiculous with the crap they pull. AT&T has blocked my DSL in the past for using too much bandwidth. Umm... If I payed for 3 Mb/s (of which I only actually get about 2.4 Mb/s) then I should get 3 Mb/s for the entire duration of my contract. There was no term in the contract that gave any limit besides 3 Mb/s. This is stealing just as much as (if not more than) than downloading illegal torrents is. If this keeps up, then why not block phone calls of people who use too much phone bandwidth? Cut TV service of people who watch TV too much (or make over-watched channels broadcast at lower quality, to follow the traffic-shaping scheme). Ridiculous, right? Same exact scenario in a different setting. ISPs need to get their act together.

    --
    No, there is no "-1 I'LL NEVER ADMIT BEING WRONG!!!" mod.
  66. I actually applaud this decision by nilbog · · Score: 2, Funny

    It's not as if handing over the reigns to corporate interests ruined radio - so why would it ruin the Internet?

    Currently listening to: Ke$ha - Tik Tok

    --
    or else!
    1. Re:I actually applaud this decision by jmorris42 · · Score: 1

      > It's not as if handing over the reigns to corporate interests ruined radio...

      I'd really love the FCC to relax licensing on low power community radio stations. But the blue team fight it harder than the 'whores of corporate interest' on the red team. Wonder why.

      Anyway, I'd like it to happen so idiots like yourself could build that perfect radio station you want, full of obscure indy acts you want people to listen to instead of 'pop tarts' like Ke$ha. And go broke when people kept right on listening to Kesha. If indy music on the radio were profitable Clear Channel would be doing it already. Face it, these days half the stations in a town are one rack of computers spitting out mp3 files from playlists out of a common music store on a NAS. Just how hard would it really be to upload a few more tracks and output em on one of the tranmitters if enough people would listen to the ads to make it profitable?

      --
      Democrat delenda est
    2. Re:I actually applaud this decision by brkello · · Score: 1

      It's profitable because the artists have major labels behind them that make it financially more beneficial for them to play their crap rather than indy crap. Just look at the political radio scene. All the powerful antennas are owned by corporations that want to push out the anti-government, pro-business agenda. Then they say that conservative radio is more popular since more people listen while liberal radio is put on weak antennas. It's government airwaves being used against itself. I suppose that is a bit amusing...but when business own government I guess it doesn't matter much.

      --
      Support a great indie game: http://www.abaddon360.com
    3. Re:I actually applaud this decision by nilbog · · Score: 1

      The problem is your false assumption that a radio station must be profitable. Like the web, not everyone is in it to make money. That's what the whole net neutrality debate is about.

      --
      or else!
    4. Re:I actually applaud this decision by jmorris42 · · Score: 1

      > The problem is your false assumption that a radio station must be profitable.

      It must at least break even and to a good approximation ratings == profit. It must at minimum take in enough to make payroll, buy electricity for the transmitter, do maintaince, pay licensing fees, etc. Even if you imagine sucking at the public teat to be a better revenue model than paid advertising those public resources aren't free either, you have to convince a congresscritter to give YOU the money over pissing it away on some other socialist crapola and ratings are going to matter in that argument because listeners == voters in the congresscritter's calculus. Of course if you have ratings you don't need the public teat.

      But more generally, yes I do assume a radio station should be in it to turn a profit. The ability to turn a profit is the ultimate indicator of success in providing a useful product in a free market system. Excepting stations operated by non-profit organizations of course.

      --
      Democrat delenda est
  67. Community Activism by himitsu · · Score: 1

    Time for people to start demanding municipal broadband from their communities. Local government is going to be less self-interested in limiting packet speed than monolithic Comcast and AT&T.

    1. Re:Community Activism by jvkjvk · · Score: 1

      Oh no, all that gets you as some large corporation or other suing your municipal government (since they have a RIGHT to those profits, you damn dirty commie bastard!) to stop it.

      Then, after wasting tens or hundreds of thousands of your local tax dollars your local government won't actually have the money to provide the service or will give up.

      Regards.

    2. Re:Community Activism by Anonymous Coward · · Score: 0

      Pardon me. trying to kill a mod elsewhere.

  68. Look on the bright side... by msauve · · Score: 2, Insightful

    If the FCC doesn't have the authority to enforce equal access in ISPs, then they also don't have the authority to mandate free rights-of-way for ISPs.

    Comcast can now negotiate with every property owner over/through whose properties their Internet links pass. No more free ride, and major costs.

    Live by the sword, die by it.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  69. Re:Your official guide to the Jigagoo presidency by Anonymous Coward · · Score: 1

    Oh yeah? Well, MY nigger is Charlton Heston, you insensitive clod!

  70. Fail at Maths? by Anonymous Coward · · Score: 0

    In the last few years the speed of my consumer broadband connection has quadrupled. It went from 5 mbit/s to 8, to 10 and finally to 15.

    I think I missed the day where we were taught that 15/5=4.

    heh, captcha: equation

  71. Consumers have choice by GPS+Pilot · · Score: 1

    I recently saw a comparison chart of various ISPs; for the benefit of consumers who consider this a selling point, the chart showed which ISPs were and were not filtering BitTorrent traffic. (Sorry I am unable to find that chart again right now, wish I could.)

    --
    That that is is that that that that is not is not.
  72. The ruling was correct, now lets change the law by mykos · · Score: 4, Informative

    Under current law, the FCC had no authority to do what they did. The idea was right, the execution was wrong. We need to have clear laws about net neutrality so that the government DOES have the authority to tell ISPs when they are hurting consumers.

  73. Do we really want the government controlling it? by pcexhaust · · Score: 1

    When you give the government more control, they have more power to abuse the people. The idea of net neutrality is nice but at what price? The free market should be able to workout the issues if the internet becomes less free and neutral. I suggest we keep the government out of this one.

  74. Fox News Watcher here... by Anonymous Coward · · Score: 0

    and we're not all anti-legislation when it comes to getting Netflix streaming and keeping the cable companies from screwing our bandwidth.

  75. Couldn't stream court hearings... by Temujin_12 · · Score: 1

    I tried to watch this trial online, but my ISP said I had to pay extra to be able to watch it.

    --
    Faith is a willingness to accept something w/o complete proof and to act on it. Reason allows you to correct that faith.
  76. idiot by unity100 · · Score: 1

    you want internet to become a cable tv clone ? thats what they are intending to do. they cover 25% of america each. if they are given the right to decide who sees what in their network, entire swaths of america will be denied content they dont want them to see. its TOTAL isp fascism.

    wake up. there is NO tool but government to use against corporate fascism.

    1. Re:idiot by suprcvic · · Score: 1

      Did I not say that I am opposed to government sanctioned monopolies? You should learn to finish reading a post before you stick your foot in your mouth.

    2. Re:idiot by unity100 · · Score: 1

      you dont need to say that. its irrelevant. i specifically said it doesnt matter whether a monopoly is government sanctioned, or won through the market. a monopoly is a monopoly in the end.

      and you need to get reading comprehension.

  77. Division of power, 5th ammendment. by pavon · · Score: 2, Interesting

    The constitution gives congress the power to regulate interstate commerce. However, congress had passed no law prohibiting what Comcast had done, nor had they delegated power to the FCC to regulate the internet in the manner that they did. Government officials can't make up their own laws, nor can they punish people for breaking nonexistent laws.

    I agree that net neutrality regulation, if created, would absolutely fall within both the letter and spirit of the interstate commerce clause (unlike many other laws that are justified by it).

  78. radio wasnt a two way street by unity100 · · Score: 1

    internet is. once you hand over control of the radio, you already give out its control to them, and this is what private corporations has become used to. they want to have same kind of control, the one way street, in the case of internet too.

    i also want to add that you are way, way, too naive. you shouldnt be doing any business deals, running any business, or getting into any contracts with anyone until you are older and wiser than you are now.

    1. Re:radio wasnt a two way street by nilbog · · Score: 1

      whooooosh!

      --
      or else!
  79. Libertarians awake! by fortapocalypse · · Score: 1

    This isn't about keeping government out of industry's way, this is about freedom of internet use, which companies should not be allowed to control, and neither should the government. I think we need a constitutional amendment personally. Internet usage should be treated as a utility, not entertainment, and usage should not and cannot be controlled by telecom/cable/satellite companies anymore.

    1. Re:Libertarians awake! by GodfatherofSoul · · Score: 1

      libertarian: I do not think you know what that word means.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    2. Re:Libertarians awake! by fortapocalypse · · Score: 1

      Libertarianism is about the minimum government and rules required for people to live freely. A Libertarian would have the tendency would be towards letting the cable companies do whatever they want in terms of bandwidth caps, etc. as the market would sort itself out. Usually I lean Libertarian (actually probably closer to Constitution party), and I am all for getting government out of the way of business, reducing the complexity of our tax code, and letting migrants do whatever the heck they want as long as it doesn't hurt us. However, I think Libertarians need to "wake up" and smell the coffee on the issue of net neutrality. I think most moderate Libertarians would be in favor of basic regulation of utilities, such as water and power. There are certain necessities that affect our livelihoods in a way that if there is any government at all, it should be involved in just enough to make sure that we don't live in a wasteland. Internet connectivity is really a utility that is "coming into being" as more products and services rely on it. It is becoming something people require to do there day to day business. The spirit of freedom of government sought by Libertarians is embodied in a free internet. As such, even as a Libertarian is concerned, internet access should be classified as a utility and treated as such.

  80. Ahem by kenp2002 · · Score: 5, Interesting

    How is this a set back? That statement assumes they aren't already throttling the piss out of traffic.
    I can download at 258kbps from Microsoft no problem.
    I can got to Hulu and clear 259kbps.
    I try and update World of Warcraft (which uses p2p) and I suddenly get 49kbps.
    I download Ubuntu Linux at 49kbps.
    In fact ANY torrent is exactly capped at 49kbps.(unless I turn on Protocol Encryption Only then magically that 49kbps cap vanishes...)
    I can download from any non-major website and get 128kbps... capped. (Simtropolis for example, sourceforge, etc.)

    A SET BACK implies they are not throttling already.

    And the kicker... If I start a torrent my bandwidth appears to be capped at 49kbps for about 3 hours afterwards.

    a.k.a
    Boot Computer
    Download by Excel files from work at about 109kbps.
    Start a torrent and let it run for about 30 minutes while I take a shower. Torrent appears capped at 49kbps.
    Stop the torrent and close Utorrent.
    Download the same excel files from work... at 49kbps....
    Wait 1 hour... try again... 49kbps
    Wait 1 hour... try again... 49kbps
    Wait 1 hour... suddenly back to about 109kbps...

    Next Day:
    Boot computer
    Download excel files from work 109kbps.
    Open Forced Protocol Encryption torrent
    256-290kbps for torrent.
    Close torrent.
    Download excel files from work 109kbps.
    Open WoW to update and suddenly total bandwidth drops to 49kbps....

    Sorry it isn't a set back, it's "Court Affirms Right for ISPs to CONTINUE to throttle traffic."

    As long as this stands non-megacorporations don't stand a chance when say Facebook will be allowed to buy a high service level then a competitor. There is nothing preventing Comcast in offering 21 Tier 1 SLA blocks
    200 Tier 2 SLA blocks
    1000 Tier 3 SLA Blocks

    and bucketing all non-sla buyers in a T4 bucket. Then they can auction the top 21 blocks and charge substantial fees for the 2 and 3 blocks.

    The capitalization of preferred service levels isn't new and the anti-competitive abuse that comes with it will be par for the course.

    --
    -=[ Who Is John Galt? ]=-
    1. Re:Ahem by Surt · · Score: 1

      And now you've missed your opportunity to sue them for big bux, what a setback.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Ahem by jjk3 · · Score: 1

      Care to share your ISP and location? Maybe can help others avoid them.

  81. free market bullshit by unity100 · · Score: 3, Insightful

    did free market work out the issues in wall street ?

    stop believing that 'free market' religion. it NEVER existed at any point in human history, just like real communism. BECAUSE THEY ARE TOO IDEALISTIC AND CANT EXIST.

    once a company acquires monopoly, it doesnt matter shit whether it acquired it through legitimate means, or underhand means. a monopoly is a monopoly.

    its even stupider to expect the monopoly or near monopoly companies and groups not to ab use their power for their own profit, at the expense of the people or the free market. "oh, im near monopoly, i can lock out everyone and force my will upon everyone, but, well, i shouldnt do this, because it is unethical" => can you expect this from any executive officer of any company ?

    "people will make choices, and all will be good" BUT WHO GETS STRONGEST FIRST DENIES THE PEOPLE THE RIGHT TO MAKE CHOICES. they lock them down into their stuff only. just like how 30% of america is locked down to one single ISP, just like how despite seemingly having an innumerable array of cleaning liquids/products in your local wal mart, more than half of them are produced by a single company, procter&gamble. choice is in the labeling only. source is the same.

    below is an excerpt from another well made post by another user in /. in another thread :

     

    "Free market capitalism has never been tried"

    http://en.wikipedia.org/wiki/Free_market [wikipedia.org]
    "Free market economics is closely associated with laissez-faire economic philosophy, which advocates approximating this condition in the real world by mostly confining government intervention in economic matters to regulating against force and fraud among market participants."

    The USA tried something close to a laissez faire marketplace and it failed miserably.
    Starting in 1898, there was an explosion of regulation and the breaking up of monopolies.
    Free markets did not self-regulate. They polluted, colluded, abused the workforce,
    sold unhealthy foods, caused stock/bank crashes and a 101 other things.
    The EPA, SEC, FTC, FDA, OSHA, etc are all the direct result of that failed philosophy.

    The problem with advocating a "free" market is that it is simply bad public policy to let
    a corporation kill 100 people and then settle the matter afterwards through the court.
    Ideology rarely succeeds in the real world.

    1. Re:free market bullshit by Biggseye · · Score: 1

      you GOT to stop believing all the BS you read on wikipedia. you claim that Ideology rarely succeeds int he real world, but here you are espousing the idealism of socialist nay communistic controls over private owned companies and the service you have to pay for, that is unless your a access stealing creep. In the area of communications the government has created monopolies but exclusive contracts, franchising, and regulation. I personally will take my chances with Capitalistic for profit ISP over the government rationed form you so greatly desire, and possible deserve. Think about it, do you really want the government telling your ISP what they can and can not do, can and can not carry, can and can not provide?

    2. Re:free market bullshit by pcexhaust · · Score: 1

      I believe that government regulation caused the issues with Wall Street and the economy. We can't really compare how the free market worked because it was constrained. Locked into an ISP? I live out in the middle of nowhere and have few options. I used BRI ISDN until about 4 years ago. Even then I always had the option of analog dial-up, satellite or cellular service. Customers who ISP is no longer neutral can just switch providers. At the end, is the data all cover over the same telco lines? It probably does. However, the main idea is to keep the government out of it. Once they get in, they will not get out.

    3. Re:free market bullshit by unity100 · · Score: 1

      you people are talking about the mortgage incentives, and believing that because they allowed poor to mortgage houses and end up getting reposessed, crisis started. you are WRONG.

      mortgages didnt lead to crisis. it was the HEDGE FUND scam that lead to the crisis. observe the below mathematics to see why the fuck mortgages cant lead entire world to come crashing down :

      lets say a bank bought a house at its peak at an overinflated price of $500,000 and mortgaged it to someone.

      and lets say, the house dropped to $300,000 in value after the crisis. that makes $200,000 loss a house, IF we exaggerate and say that each house that was mortgaged was bought at peak, and went down to bottom after crisis.

      now,

      it was said that 1 million americans risked losing their homes.

      im going to exaggerate this, and say, not 1 million americans risk losing their homes (not 1 million comprising of fathers, mothers, kids, extended families, ie entire population), but 1 million houses are at the risk of being lost. as if every house was owned by a single person.

      im going to FURTHER exaggerate it, and say not 1, but 3 times the houses are at the risk of being lost. which makes 3 million houses.

      now lets see. if 3 million is the amount of risked, losing mortgages, what could be the entire loss of the industry ?

      3 mil x $200,000 = $600 BILLION.

      so, we take all the industry as having lost 600 billion. gone. water vapor. dust. no more. 600 billion dollars in the bin.

      lets see now :

      united states of america government provided 720 billion dollars in bailouts already.

      europe, japan, switzerland combined, provided close to 1 billion dollars in bailouts already.

      america further guaranteed providing up to 1 billion.

      that makes 2 billion $ provided in bailouts in total.

      THAT MAKES 3 TIMES THE LOSSES, WHICH I EXAGGERATED MORE THAN 3 TIMES.

      therefore, entire world has provided NINE TIMES the entire money was lost already. and in addition, the houses are still there, and will eventually regain some of their value. its not like they burned down or vanished into an alternate dimension.

      then why the fuck are we STILL in crisis ?

      because it isnt about mortgages.

      its about the hedge fund scam, which wall street did because noone was watching them.

      basically, because they have scammed their assets to SIXTY times their value, and then proceeded onto lending TEN times that, lending out in total of SIX HUNDRED TIMES the money they had into borrowers, ENTIRE World was not able to provide SIX HUNDRED times the bailout they have made.

      imagine.

      2 billion x 600 the money needed in order to back the loans wall street made. noone has that kind of money.

      this is why we are in crisis. precisely because of deregulation, precisely because noone went in and said "HEY, you are showing this asset again to me, and inflating it even 60x its value, and then asking me to allow you to lend other people money over this ? fuck off".

      this was exactly the reason how madoff and similar other smaller players were able to run less eloquent, ages old scams even. they didnt even do hedge fund scam - they outright just paid the first investor's money with the investor next to him, totally old school scamming.

      THEY SCAMMED US. its as plain and simple as that. and it happened because THEY WERENT REGULATED.

    4. Re:free market bullshit by unity100 · · Score: 2, Interesting

      and you americans GOT to stop living in extremes, and tout every form of regulation, law, rule as 'communism'.

      it is stupid.

      there has to be controls over private owned companies PERIOD. else they may start embedding chips in employee's wrists, saying 'its for security'. and since you are a free market zealot, you probably unaware that this actually happened in california two years ago. numerous factories suddenly started implanting rfid chips in employees, and who didnt got along were 'let go'. it continued until california state senate banned the practice.

      it isnt any different in ANY respect of life. when they were let be, they polluted, contaminated, even poisoned people for profit. until someone, and this has been always the government, told them to stop.

      its precisely this naivete that you people have, the brain that, somehow, believes those with financial power, private corporations will not abuse them. and if they do abuses, everything will be sorted out 'by the market'. ironically, the very market which those corporations control, is expected to sort these corporations out.

      if you are STILL insisting otherwise, explain me why we shouldnt abolish courts of law, abolish justice, abolish police, the legal system, and privatize all of these, including the military.

      for, because, private sector will do all of these better, right ? and, the 'market' will sort out any issues if they arise, right ?

  82. Simile, you're on candid camera! by Tetsujin · · Score: 3, Funny

    More like the companies had their golden goose and wanted to sell the eggs to people who could afford them, but the government stepped in to kill the goose and distribute the gold more fairly.

    No, I think it's more like the golden goose laid a platinum egg, and nobody could figure out how the golden goose's body was able to fabricate platinum from a diet of grass and insects - and then people started wondering how it could fabricate gold, for that matter, but meanwhile the goose was walking across the road, and stopping traffic, because nobody wanted to run it over, but they didn't exactly want to sit there all day, either, so they beeped at it but it mostly ignored them and just hissed at them a little...

    --
    Bow-ties are cool.
  83. Misleading copy about regulatory authority by GPS+Pilot · · Score: 1

    MSNBC wrote, The FCC needs clear authority to regulate broadband in order to push ahead with some its key recommendations, including a proposal to expand broadband by tapping the federal fund that subsidizes telephone service in poor and rural communities.

    This simply isn't true. The FCC could, say, contract with Windstream Communications to upgrade its network such that DSL is available to all households in its service area. After negotiations result in a price both parties agree to, Windstream does the work. No additional regulatory authority needed.

    --
    That that is is that that that that is not is not.
  84. I'll still use Netflix by Temujin_12 · · Score: 1

    We dropped everything Comcast related except internet a year ago and have been happily using Netflix, Hulu, and Vonage ever since. If we can no longer stream or use VoIP (or the costs to do so become prohibitive) I'll just disable streaming on my Netflix account, up my DVD count to do everything via mail, and drop the land-line (just use cells). I will NEVER go back to Comcast for TV/Movies.

    If it means I end up watching less TV then is that really a bad thing? I'll just spend my time on things more worthwhile.

    --
    Faith is a willingness to accept something w/o complete proof and to act on it. Reason allows you to correct that faith.
  85. Easy... by orthancstone · · Score: 1

    Unless you can explain how the Internet isn't "communication by wire or radio".

    "Series of tubes"

  86. Ugh, dollar signs? Really? by Tetsujin · · Score: 1

    It's not as if handing over the reins to corporate interests ruined radio - so why would it ruin the Internet?

    Currently listening to: Ke$ha - Tik Tok

    Man, I am so sick of people dragging out that tired, old junk. I mean, so you don't like Kesha, fine. But putting a dollar sign in her name to make your point is just annoying and childish. "Oh, yeah, Ke$ha's just in it for the money dollar signs dollar signs"... Blah, whatever... I thought it had become clear around here, years ago, that sort of thing was just considered passe...

    --
    Bow-ties are cool.
  87. States rights by Anonymous Coward · · Score: 0

    What!!?! Dont you know that not mandating that everything should be FEDERALLY regulated is JUST THE SAME as what those EVIL RACISTS did back in the 50-ies! Cross burning, lynching, regulating ISP:s - all the same.

  88. Re:Ugh, dollar signs? Really? by caternater · · Score: 1

    Man, I am so sick of people talking out of their arse. That's how she stylizes her name.

  89. Re:Ugh, dollar signs? Really? by Spad · · Score: 1

    I hope you're being sarcastic; that's how she spells her name

  90. Not so, not so!! by LanMan04 · · Score: 1

    http://www.msnbc.msn.com/id/36193558/ns/technology_and_science-security/
    --------------------
    The FCC now defines broadband as a lightly regulated information service. That means it is not subject to the obligations traditional telecommunications services have to share their networks with competitors and treat all traffic equally. But the agency argues that existing law gives it authority to set rules for information services, including Net neutrality rules.

    Tuesday's court decision rejected that reasoning, concluding that Congress has not given the FCC "untrammeled freedom to regulate activities over which the statute fails to confer ... commission authority."

    With so much at stake, the FCC now has several options. It could ask Congress to give it explicit authority to regulate broadband. Or it could appeal Tuesday's decision to the Supreme Court.

    But both of those steps could take too long because the agency "has too many important things they have to do right away," said Ben Scott, policy director for the public interest group Free Press. Free Press was among the groups that alerted the FCC to Comcast's behavior after The Associated Press ran tests and reported that the cable company was interfering with attempts by some subscribers to share files online.

    The more likely scenario, Scott believes, is that the agency will simply reclassify broadband as a more heavily regulated telecommuniciations service. And that, ironically, could be the worst-case outcome from the perspective of the phone and cable companies, he noted.

    "Comcast swung an ax at the FCC to protest the BitTorrent order," Scott said. "And they sliced right through the FCC's arm and plunged the ax into their own back."

    --
    With the first link, the chain is forged.
  91. Re:win for the constitution -- oh, not really by Anonymous Coward · · Score: 0

    The decision isn't that Congress doesn't have the authority; it's that Congress hasn't given the FCC that authority.

  92. Yeah, but by thule · · Score: 1

    Take an area of Comcast's network. Let's say this particular area has a lot of heavy peer to peer users. This Comcast area has limited transit links so the peer to peer users are starting to saturate the transit routers and the result is increased latency. Comcast provides an alternate route for their VoIP services that does not use their transit routers. At any given routing point the VoIP subnet is directly peered so as to keep latency low. There is NO QoS -- just peering with a network for their VoIP services. Are they violating net neutrality? Personally, I *wish* they'd use QoS in this situation so that video and VoIP traffic can get through all the peer to peer noise. Bittorrent does use ToS bits to give hints to the routers that this is bulk traffic, but when peer to peer programs open up so very many connections to remote systems, the router has to handle all of them somehow and this still creates latency. How about Google or Yahoo that has lots and lots of peering with ISP's so their traffic doesn't get caught up with all the other traffic at the ISP's main transit links. Is Google or Yahoo violating net neutrality? My point is that an ISP doesn't need to create limiting rules to favor some traffic over others. They can use an inherit feature of IP routing that is absolutely important to the heath of the Internet.

  93. Just hide your traffic from them by Anonymous Coward · · Score: 0

    They aren't the only ISP. Get yourself a VPS (or something :-]) somewhere, and put up an endpoint at a non-comcast location & do a ssl over ppp connection to avoid this. You'll have the extra hop & encryption computational & payload overhead but, they won't be able to do packet inspection to classify & mark your traffic.

  94. $BIGGOV by bonch · · Score: 2, Insightful

    Hi, I'm $BIGGOV!

    You are required by law to be fucked up the ass, or we'll throw you in jail. $BIGCORP has lobbied us to limit your torrent traffic, and $CORRUPTPOLITICIAN wants us to "regulate" your visits to undesirable, unfair websites. Unlike $BIGCORP, you can't replace us, but somehow, we're better to have than $BIGCORP.

    Since you've signaled that you don't believe a company is allowed to have control over its own product services for some reason, we've gone ahead and instituted control of all other areas of life. No need to reply, and no choices to be made--we've already signed the legislation.

    Don't worry. We won't monitor your internet traffic for nefarious reasons. Heh.

    Your ever-watchful Big Brother,
    $BIGGOV

    1. Re:$BIGGOV by SanityInAnarchy · · Score: 1

      Unlike $BIGCORP, you can't replace us, but somehow, we're better to have than $BIGCORP.

      Mostly because I actually have a say (however small) in $BIGGOV. I have no say whatsoever in $BIGCORP, other than, as you naively suggest, replacing them.

      Yes, it is naive to assume there's a better option for an ISP, or even an option at all.

      --
      Don't thank God, thank a doctor!
    2. Re:$BIGGOV by bonch · · Score: 0

      You do have a say when it comes to $BIGCORP by use of your wallet. You stop being their customer. You don't have that choice when it comes to government.

      I have yet to hear how government is supposed to be less biased and corrupt than corporations. Governments are more corrupt. Lobby groups and political parties would find ways to limit all kinds of traffic they didn't like. With a corporation, customer dissatisfaction prevents that abuse because the corporation must continue making money by keeping customers happy.

      Yes, it is naive to assume there's a better option for an ISP, or even an option at all.

      Internet service isn't a right. It's a privilege.

    3. Re:$BIGGOV by dgatwood · · Score: 2, Interesting

      You do have a say when it comes to $BIGCORP by use of your wallet. You stop being their customer. You don't have that choice when it comes to government.

      Guarantee that there are at least three or four ISPs in every town in America and we'll talk. As long as cable companies and ILECs have a natural monopoly due to the exorbitant cost of rolling out the infrastructure, we need government regulation to keep them in check. Voting with your dollar only works if you actually have more than one candidate to vote for, and given that it's rapidly becoming impossible to get and hold a job without having Internet access, voting for "none of the above" simply isn't a viable option.

      By contrast, at least with government, you have the right to vote and the right to run for office.

      With a corporation, customer dissatisfaction prevents that abuse because the corporation must continue making money by keeping customers happy.

      That's a joke, right? I can count the number of times in my entire life that I've seen a corporation back down from abuse (without being sued) on one hand. I can count the number of times I've seen a corporation be abusive in the last week on one hand, too, but just barely. The only thing that ever really changes a corporation is being bankrupted or nearly bankrupted by a competitor that completely decimates them by doing a much, much better job. Unfortunately, when it comes to Internet service, the cost of bringing Internet service to an area is so high that this almost never happens.

      There is one way to improve things---let the government build out the infrastructure and lease it to corporations that provide the service. This takes the high startup cost out of the equation, allowing significant competition, all the while keeping the actual traffic and service decisions in the hands of those now-competing corporations instead of the government (which is just leasing a piece of glass fiber in the ground).

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:$BIGGOV by SanityInAnarchy · · Score: 1

      You do have a say when it comes to $BIGCORP by use of your wallet. You stop being their customer.

      Since there are a huge number of places with only one ISP, and an even larger number of places where the only options are bad or worse, your choice is either to be the customer of an ISP you hate, or not use the Internet.

      It seems likely that the latter may not be a possibility going forward, especially if America goes the way of Britain, where access to certain public services requires an Internet connection.

      You don't have that choice when it comes to government.

      Actually, you have the exact same choice. You can stop being the government's customer by simply moving. If you don't want to be the customer of any government, it's not terribly difficult to disappear, live off the grid, and stop enjoying the benefits of civilization -- but you also won't have to pay taxes.

      I have yet to hear how government is supposed to be less biased and corrupt than corporations.

      I'm not saying that government is absolutely better than the free market in all circumstances. I'm saying that the free market is not absolutely better than the government in all circumstances. In other words:

      Governments are more corrupt.

      It's moronic to argue either extreme. For example, governments can often be embarrassed into changing policy, and yes, the vote does work, though it's far less effective than it could be -- whereas corporations often have people right here on Slashdot defending their clearly immoral behavior using excuses like "They have a responsibility to their shareholders to make a profit."

      Lobby groups and political parties would find ways to limit all kinds of traffic they didn't like.

      The same way they do now with speech? Oh wait...

      With a corporation, customer dissatisfaction prevents that abuse because the corporation must continue making money by keeping customers happy.

      Unless there's a monopoly or an oligarchy, which is what we have with Internet service right now.

      Customer dissatisfaction is not magical pixie dust, any more than government is. The fact that people like having castrated Internet better than having no Internet is not an example of the system working.

      Market failure -- look it up. It should be in any decent Econ 101 course.

      Internet service isn't a right. It's a privilege.

      Again, look at europe -- it's likely to become a fundamental necessity, so I would certainly argue that it should be a right at that point.

      Or wake up and open your eyes -- the Internet is the new soapbox, town square, cocktail party, and general medium of communication. When those other forms of expression, communication, and community are in jeopardy, we tend to agree they should be protected.

      Suppose a corporation bought the town square, or a public park. Would you be OK with that? Do you really think that customer dissatisfaction would be sufficient in that case? (Hint: Once they pave over central park, no amount of customer dissatisfaction will bring back the trees.)

      --
      Don't thank God, thank a doctor!
  95. No Setback: Never Had It to Begin With by macraig · · Score: 1

    There's no "major setback" here, because we never had network neutrality in the first place. It's been a mirage: people calling a pile of dog poo a "rose" and admiring the cut of the Emperor's new nonexistent clothes.

    WHO STILL OWNS THE WIRES?

    As long as the physical medium remains in private ownership, we will never have network neutrality, regardless how many laws Congress might pass and rules the FCC might make.

  96. Is it time yet? by Anonymous Coward · · Score: 0
    Time to run a 10Base2 cable down the backbone of each block with wifi in ad-hoc mode at each end?

    A drop for each home that wants it?

    Time for Nerd net? Bytes! By the people for the people!

  97. What would the Republicans say about this? by jayveekay · · Score: 1

    Just imagine the spew from the Republicans over a goverment run internet utiilty proposal:

    1. "It's a government takover of the internets!"
    2. "The government is already building secret internment camps for packets with 'bad' CRCs!"
    3. "They're gonna pull the plug on IPv4!"

  98. Sig by Wyatt+Earp · · Score: 1

    Oh, I don't know if your sig is humorous or uninformed.

    http://windows.microsoft.com/en-us/windows7/products/system-requirements

    1-2GB for Win 7.

  99. Re:Do we really want the government controlling it by enilnomi · · Score: 1

    What "free market" would that be? The one that magically creates more height on telephone and power poles for stringing cables in dense housing areas? Or the one that forces a regime change at Comcast by magically convincing 80% of its customers to cancel service out of respect for the 5% whose activities are curtailed/restrained by non-neutral policies? It's gotta be strong magic, since it will also need to prevent new/replacement operators to not pull the same shit as their predecessors....

    Well, have at it and good luck. At the same time, would you please also wave the wand to de-regulate terrestrial radio waves? I really miss the days when a religious nut or quack doctor could fire up their incredibly dirty 500,000 watt AM signal and drown out every other voice for hundreds of miles. Get rid of the Bureau of Mines, too -- heck, anyone rich enough to dig a really big hole must know what they're doing, right? And don't get me started on the financial regulators...enforceable accounting standards just stifle innovation!

    --
    education is no substitute for intelligence
  100. Comcast is the WORST! by Anonymous Coward · · Score: 1, Informative

    Everyone hates on Verizon but dude Verizon does not care what you do with your bandwidth. I run torrents all day everyday and completely torture my fiber connection, they do not care what I do. Comcast on the other hand wants to single handedly overthrow net neutrality and ruin the internet for EVERYONE! This is BULLSHIT!

  101. Re:Ugh, dollar signs? Really? by Tetsujin · · Score: 1

    Yeah, I have heard of Ke$ha. It was a joke. People always complaining about M$ and so on. If you didn't find it funny, then it's fair to say it wasn't a very good joke.

    --
    Bow-ties are cool.
  102. I know this is Slashdot, but the article is clear by Infonaut · · Score: 2, Insightful

    Seems pretty clear that this falls squarely within it's right to regulate. Unless you can explain how the Internet isn't "communication by wire or radio".

    The legal reasoning is solid on this one. The court told the FCC it can't regulate broadband on the basis of broad principles. It has to regulate on the basis of laws it has been mandated to implement.

    BigGov haters, this is not a repudiation of the FCC's authority. It just means the FCC can't go off on its own and make major policy changes on the basis of broad principles created by itself, rather than by laws created by elected Congresscritters.

    BigCorp haters, this does not mean the telcos can suddenly do whatever they like. This ruling may actually strengthen the case in Congress for a serious revisiting of the regulatory structure around broadband. Comcast has definitely won this battle, but they may still lose the war.

    --
    Read the EFF's Fair Use FAQ
  103. It doesn't have the authority. by pavon · · Score: 1

    The FCC has never had any authority to regulate internet service providers, no matter how much you think it ought to. Seriously, point me to anywhere in the Comunications act of 1934 or 1996, or any other law that gives them this authority. The FCC couldn't do so when asked by the Judge, and I doubt you can either.

  104. FCC is not the only regulator by Anonymous Coward · · Score: 0

    I've always thought this was subject would be more appropriate for the FTC.

    What Comcast was caught doing was a form of fraud called "bait and switch".

    If they were selling cars for $50,000 and delivering $5 card-board cutouts of cars for your money, you would call the your AG and the FTC not the FCC.

    The FTC could easily require that Comcast market it service by the lowest speed they offer (i.e. the bit-torrent rate.) It can also require Comcast to remove all mention of the word internet from their advertising and even force them to say "THIS OFFER IS NOT FOR INTERNET SERVICE" in the largest font used. And explain this further, "This means we have the right to read your e-mails and intercept all your communications and prevent you from communicating with anyone for any reason." And the FTC can stand up for competitors who point these things out about Comcast's 0.005 Mbps Non-Internet data service, "Our 100 Mbps internet service is 20,000 times faster than the fastest service offered by Comcast and unlike them we don't block access to the internet!"

  105. FCC history by Infonaut · · Score: 1

    The FCC barely touches broadband. For example, rudimentary research into broadband competition in the late 1990s will show you that the FCC sat by while the Baby Bells colluded to squash upstart competitors. As for regulation in the broader sense, the FCC has failed to keep up with technology on many counts. However, without the FCC, terrestrial radio and over the air TV would be a complete goat rodeo.

    The FCC needs a complete overhaul. Their relationship with the public is terrible; they make it incredibly difficult to find even the most basic information on their site, and they are notorious for being incredibly bureaucratic. But I'm not sanguine at the thought of telcos being given free rein, given the amount of tax money they've gobbled up over the years with empty promises, and the anticompetitive behavior they've engaged in time and time again.

    --
    Read the EFF's Fair Use FAQ
  106. mod parent up by Anonymous Coward · · Score: 0

    This is the only post I have read in this thread that seems to get the issues basically right.....

  107. Re:win for the constitution -- oh, not really by viridari · · Score: 1

    Thank you, oh valiant anonymous coward, for so succinctly summing up the spirit of what I was saying where the interpretive powers of others have fallen flat.

  108. Net Neutrality has Costs by Anonymous Coward · · Score: 0

    Although in the real world I usually end up supporting it, net neutrality has real costs. Basically, any service that would require guaranteed network behavior to exist doesn't get to exist, or at least doesn't get to exist as early as it might. In a world where it was possible to buy QoS on the internet, we would have had reliable video conferencing and telephony much earlier. Ditto video on demand, at least the technical aspects of it. These things kinda exist now, but I wouldn't call them bulletproof. Skype, Hulu and Netflix are great, but you probably still have cable, partly because you're more certain it'll always work. I think of this OnLive cloud gaming company. If they've somehow cracked this problem on the real internet of today then wonderful, but honestly I'd be surprised if they've achieved really extensive coverage. Maybe the public network will reach the point where its best effort performance catches up to this requirement, but it'll take time, and in the absence of real competition among high speed (ie not DSL) carriers in the states it isn't clear what interest drives the rollout of higher capacity.

    The real issue is telco market power. If you crack that and let both publishers and consumers have real competition, I wonder why you need network neutrality. Fedex doesn't have package neutrality, and that means I can overnight stuff when I really need to. I should be able to pay to send stuff faster on the net when I really need to as well. People worry that a non-neutral internet stifles innovation. Well, a neutral one does too, and some of the things you could do on a network which gave QoS guarantees are pretty darn innovative.

  109. Addendum by pavon · · Score: 1

    The FCC does have a great deal of authority when it comes to the telecommunication industry, and it used this power to force line sharing of DSL service. However, this never extended to cable-modem, because the FCC did not have that authority. In fact, the unfairness of having one set of rules for DSL and another for cable modem was one of the justifications for ending line sharing.

    For the record, I do think that we need some network neutrality laws that cover all ISPs regardless of technology, but the FCC does not currently have the power to regulate in that area, nor should they have broad powers to make up any law they wish.

  110. Wrong (I disagree with Wickard, but....) by einhverfr · · Score: 3, Insightful

    Nobody here disputes that Congress could pass laws to give the FCC such power. At most that's where Wickard would come in but I don't think you'd have to rely on Wickard (which involved interstate commerce powers and growing a portion of one's wheat crop for personal use-- while I think Wickard was wrongly decided, it isn't really relevant here). However here you have money clearly changing hands for a service, which involves interstate communication. That's pretty uncontroversially inside the power to regulate interstate commerce.

    Wickard was at its basis a question of the scope of powers that Congress had under the "necessary and proper" clause as it relates to interstate commerce. It was a Constitutional question.

    However the FCC can only act on powers specifically delegated to them by Congress. Unless Congress acts, the FCC cannot. That would pose other problems including separation of powers issues.

    This decision here involving Comcast was a good one. It ensures that elected lawmakers make the laws, rather than unelected beaurocrats. Whether or not you like the immediate outcome, it seems like supporting the idea that Congress makes the laws and the FCC only acts pursuant to them is a good thing. Anyone really disagree with that?

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Wrong (I disagree with Wickard, but....) by commodore64_love · · Score: 0, Flamebait

      >>>It was a Constitutional question.

      It turned Farmers into serfs, who were unable to grow any wheat except with the permission of the Masters..... oooops I mean the Congressional representatives. In the specific case, the farmer grew approximately 20 acres of wheat to feed his cows, sheep, and chickens. i.e. For his own usage. The Master... I mean Congress told the serf he's only allowed to grow ~10 acres.

      Who here thinks this was the original intent of James Madison when he wrote the Constitution? When it was approved by the 13 founding States? To turn farmers into serfs like a feudal state?

      Not I.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Wrong (I disagree with Wickard, but....) by einhverfr · · Score: 1

      I don't like Wickard. I think it's a bad decision, though it's been substantially narrowed in recent rulings. But my main point is it has absolutely nothing to do with whether the FCC can impose net neutrality laws.

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:Wrong (I disagree with Wickard, but....) by Anonymous Coward · · Score: 0

      Nobody here disputes that Congress could pass laws to give the FCC such power.

      I dispute that.

      The FCC's original mission statement is a FAILURE, the "public spectrum" is for all intents and purposes "corporate owned" they failed to manage power and frequency in the "public interest" and you fucking want them to control our networks?

      Are you stupid?

    4. Re:Wrong (I disagree with Wickard, but....) by einhverfr · · Score: 1

      "Nobody here disputes that Congress could pass laws to give the FCC such power."

      I dispute that.

      The FCC's original mission statement is a FAILURE, the "public spectrum" is for all intents and purposes "corporate owned" they failed to manage power and frequency in the "public interest" and you fucking want them to control our networks?

      Are you stupid?

      Are you trolling? I am going to assume you are not.

      The first thing is there is a big difference between whether Congress could Constitutionally impose regulations on interstate commercial communications services (pretty squarely inside the power of Congress to "regulate commerce among the several states") and whether it would be a good idea to do so. Personally I think net neutrality laws as generally proposed are sledgehammers where we need tackhammers. We are dealing with nails instead of wedges for splitting logs.....

      However, Congress could do all sorts of things that would be unwise. Presumably Congress could set up an interstate sales tax of 200%. Good idea? Nope. Constitutional? Almost certainly!

      --

      LedgerSMB: Open source Accounting/ERP
  111. Re:I know this is Slashdot, but the article is cle by Anonymous Coward · · Score: 0

    Who cares? Slashdot is about having pointless political arguments with geeks who don't have enough social skills to get elected to a science fiction book club presidency.

    I love riling you nerdy fuckers up.

  112. FCC + Net Neutrality != Net Neutrality by tcrown007 · · Score: 2, Insightful

    Once again, this farce is playing itself out and hardly anyone seems to have learned from history. Once the government is granted the authority to regulate the internet ISPs at the traffic level, it's all over.

    Of course, at first it will be regulation to ensure a fair playing field. But now they have the authority. Next, it will be regulations to ensure a playing field the government wants. And in the end, the big corporations will influence the regulation by lobbying and hob-knobbing with the government to use the FCC to force smaller, innovative competitors out of business and cement their monopoly rule. They've already been doing this for years, on average, with telecoms and everything else. Oil, healthcare, you name it.

    It's so sad that all of these super intelligent people on Slashdot are arguing for the FCC to be granted these powers, or for Congress to grant them this power when doing so will, according to history, bring about the exact situation everyone here seeks to avoid.

    The ONLY solution to maximize internet freedom is no regulation at all.

  113. Write your Congressman and Senators by StillNeedMoreCoffee · · Score: 2, Interesting

    Let them know what you think on this issue. If they know there is some interest or even a large body of interested parties that have an real informed opinion on the matter, maybe there will be legislation to treat the information highway as a public resource like the rest of our highways, a public resource not a private corporate money pit.

    We do something similar with the air we breath.

        Remember control of information is a first step to control of the people.

  114. Re:Your official guide to the Jigagoo presidency by Anonymous Coward · · Score: 0

    Mod parent up -- mine is too, you insensitive clod!

  115. This could be good news... by AthleteMusicianNerd · · Score: 1

    if we didn't live in a society where the average Joe plays by one set of rules, and the "elite"(they're actually fascist morons) play in lawlessness. The FCC will find a way around this because the internet is a threat to our totalitarian government. Net Neutrality claims to help the consumer, but like all legislation coming out of Washington there is a lot of non-sense attached that will ultimately screw the consumer.

    If we lived by the constitution, the FCC wouldn't even exist.

  116. From the FCC's Statement following the ruling by TechForensics · · Score: 3, Informative

    "Today's court decision invalidated the prior commission's approach to preserving an open Internet," the agency's statement said. "But the court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end."

    Seems like the Court said you can't do it this way but you can try others. That doesn't sound so grim as originally sounded.

    --
    Those are my principles, and if you don't like them... well, I have others.
  117. ironic by Anonymous Coward · · Score: 0

    I find it ironic that there's a Comcast ad on this page.

  118. The FCC made a deal with a sociopath... by Anonymous Coward · · Score: 0

    And now they're shocked, shocked I tell you, that their non-binding agreement was broken the instant the sociopath decided it was convenient to do so.

    There is no face big enough to palm.

  119. Incorrect by einhverfr · · Score: 1

    Unless you're completely ignoring the Constitution, only "The States" can do things not outlined in the constitution. Therefore, the "government" (at least the federal government) is NOT allowed to provide more than just basic rights.

    Huh?

    There's a right to have a local post office? That's a power right there in Article 1.....

    There's a right to regulation of interstate commerce?

    Have you even read the Constitution?

    --

    LedgerSMB: Open source Accounting/ERP
  120. Which is why.. by Anonymous Coward · · Score: 0

    I'm not posting this, and you're not reading i

  121. The ultimate authority ... by PPH · · Score: 2, Interesting

    ... lies with every state, city, town, or wide spot in the road from whom Comcast (and others) must obtain a franchise for the use of their rights of way. Lets go back to that system, with each little jurisdiction imposing its own rules. Then watch the ISPs come back, begging to have the FCC take over regulations.

    --
    Have gnu, will travel.
  122. Stay away from comcast... by Anonymous Coward · · Score: 0

    "But broadband providers such as Comcast, AT&T Inc. and Verizon Communications Inc. argue that after spending billions of dollars on their networks, they should be able to manage their systems to offer premium services and prevent high-bandwidth applications such as BitTorrent from hogging capacity."
    Ohhh- do they mean the "capacity" they're SELLING THEIR CUSTOMERS? We obviously should not be able to use the bandwidth we pay for.

  123. Let me get this straight... by jklappenbach · · Score: 2, Insightful
    The commercial providers that decided to capitalize on a standard that was developed by DARPA using taxpayer funds are now complaining that they can't make it work.

    The internet is *the* killer app. People buy computers for the sole reason of accessing resources on the net. The amount of commerce facilitated worldwide is staggering. And these jokers are telling us they can't make a successful business model out of it.

    The ideal system relies on multiple tiers of providers, each one leasing bandwidth from their parent and redistributing it to their clients. This happens down to the end user, who should be expected to pay for all the bandwidth that they use. Simple. As the end user, they pay only for the bandwidth of received data, not for the total distance the data was required to travel.

    This allows a level playing field for new media enterprises, personal publishing, and an ever evolving means of communication. It has revolutionized the world in a very short time, vaulting third-world nations into emerging powerhouses, and connecting people in ways that previous generations could not have imagined.

    So, to put this in jeopardy for the reasons given is patently criminal.

    The only reason that ISPs have run into problems is that they've criminally oversold their bandwidth. They truly have been selling something they don't already own. If you purchase a contract for a 50Mb connection, they should expect that connection to be saturated 100% of the time. If it's unlimited, they should bill according to their costs. If that doesn't make sense to the consumer, sell bandwidth by the MB. Instead, they've built a business model on the presumption that end users would only utilize a fraction of what what sold.

    In reality, this is greed on several levels, since it not only reveals unfair trade practices (they're selling something they don't have), but they're also trying to kill competition when verticals are in question. They were more than happy to jump on the bandwagon when they were in high growth mode, but now the fight has taken to the trenches some have decided to get ugly.

    This is bigger than any one company or one country. Long term, few issues will have an impact quite as powerful as net neutrality on how our civilization evolves.

  124. It's clear now... by Anonymous Coward · · Score: 0

    Might as well move to China

  125. Lets get some perspective... by icedcool · · Score: 1

    Here are a few very good papers that address all angles of the issue.

    Heads up:

    Consumer Welfare

    Net Neutrality

    --
    Most people aren't thought about after they're gone. "I wonder where Rob got the plutonium" is better than most get.
  126. fixed by ThatsNotPudding · · Score: 1

    We do NOT want government by executive order anymore.

  127. Simple solution to the problem.. by FirstOne · · Score: 1

    A simple solution would provide the FCC with ammo necessary to get around this court decision. Redefine "Internet" access, as non-discriminatory access to any Domain name, IP address, and/or port number.

    Likewise update the federal law preempting the levy of state sales and communication taxes so that it does NOT include "Discriminatory Internet" access. And the Feds can tie the billions in stimulus cash to those ISP's providing only real non-discriminatory "Internet" access. Let ISP's suffer the consequences (much higher costs) for their arrogance.

    Let the power of tax code and stimulus cash speak for itself and I bet ISP's will change their tune in a heart beat.

  128. But... by Anonymous Coward · · Score: 0

    ... we'll still have comcraptic net when they feel like switching it on for a few picoseconds...

    Rate hikes here we come. Oh for the love of God! Give us some f'ing competition!

  129. What's this about you libelling others here clone? by Anonymous Coward · · Score: 0
  130. Comcast has already began throttling. by Anonymous Coward · · Score: 0

    I was throttled tonight to the point of my internet being disconnected for an hour. I called and they confirmed they are beginning to throttle. I was downloading torrents when this occured. I now use http://www.torrentfreedom.com/ and I am not being throttled. So pricey though. Is it worth it to you guys? Is there any other ISP alternatives??

  131. Re:they are managing things quite wel by KharmaWidow · · Score: 1

    Seriously? Endless budget deficits, ineffectual programs, various wars for dubious reasons, pork spending in every law, closed room negotiations when they promised transparency, monetary payoffs to get votes to pass, the Patriot Act, the FCC, the FDA, concerns for re-election over servering the people, etc etc etc

  132. Re:they are managing things quite wel by swimsy · · Score: 1

    I was being sarcastic. By "getting paid to do", I mean getting paid by corporate interests, not by you and me. I don't think net neutrality stands a snowball's chance in hell because the big money doesn't want it. We don't live in a functioning democracy anymore.