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."
Bye-bye internet, was nice knowing ya.
Linux, you magnificent bastard, I read the fucking manual!
https://ecf.cadc.uscourts.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01206657831&caseId=23733&dktType=dktPublic
geek. lawyer.
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.
all your tubez are belong to comcast...
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)?
(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?
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
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.
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
This is just one Circuit of the US Court of Appeals (although very influential). There is no "The United States Court of Appeals".
but my packets were delayed...
Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
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.
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
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.
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.
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.
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.
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.
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.
$.08 per page. That's only really worthy of +4 informative if parent also post's his/her PACER login details.
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
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
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!
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.
Funny, TechDirt explains why this is good.
Shh.
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.
Here is the case law that lets the FCC regulate this
Some drink at the fountain of knowledge. Others just gargle.
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.
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.
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!
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
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.
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).
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? ]=-
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.
Read radical news here
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.
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
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
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
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.
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.
"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.
... 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.
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.