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No, Net Neutrality Doesn't Violate the 5th Amendment

An anonymous reader writes "Yesterday we discussed the theory that net neutrality might violate the 5th Amendment's 'takings clause.' Over at TechDirt they've explained why the paper making that claim is mistaken. Part of it is due to a misunderstanding of the technology, such as when the author suggests that someone who puts up a server connected to the Internet is 'invading' a broadband provider's private network. And part of it is due to glossing over the fact that broadband networks all have involved massive government subsidies, in the form of rights of way access, local franchise/monopolies, and/or direct subsidies from governments. The paper pretends, instead, that broadband networks are 100% private."

8 of 322 comments (clear)

  1. Next Week on a Very Special "D-Bag Lawyer" by Anonymous Coward · · Score: 4, Funny

    Boston College Law Professor Daniel Lyons points out how the Emancipation Proclamation violated the 5th Amendment.

  2. Re:Best way to fix it by Anonymous Coward · · Score: 5, Funny

    My word you've been busy spreading some free market love and dry humping that ideological leg today. Are you one of those plants I hear so much about?

  3. Re:he's right, but.... by Monkeedude1212 · · Score: 4, Funny

    IANAL and this is not legal advice.

    Where the hell did you learn to talk like that then?

    Did you pass the bar but decide to go into computers? I can't even get through reading those papers without getting a headache.

  4. Re:Best way to fix it by Anonymous Coward · · Score: 1, Funny

    If you look at a lot of the companies who thought about making flying cars (like Ford in the 1950s) the ideas were usually rejected by the FAA which is, guess what? More government interference.

    And my eternal youth? I know, I know, snake oil salesmen had it all figured out but the government had to go and interfere again. Damn those feds.

  5. Re:Best way to fix it by Anonymous Coward · · Score: 3, Funny

    Were you asleep all through the 90's?

    Only during Nap Time, but between that, Recess, Arts and Crafts, Story Time, and Reading and Arithmetic, who has the energy left to keep up on current technology trends?

  6. Re:Best way to fix it by djp928 · · Score: 3, Funny

    How did this get moderated "informative"?

    Argument is an intellectual process. Contradiction is just the automatic gainsaying of any statement the other person makes.

    And it's not informative, either.

  7. Re:Best way to fix it by Myopic · · Score: 4, Funny

    Contradiction is just the automatic gainsaying of any statement the other person makes.

    No it isn't!

    And it's not informative, either.

    Yes it is!

    Well, actually, no you're right it's not informative at all. At most it's ever-so-slightly informative or funny. Mostly it's just me being a wag. One way or another, I was trying to engage Darkness404 on his intellectual level, and I think I achieved that.

  8. Re:Best way to fix it by Culture20 · · Score: 3, Funny

    No it isn't!
    Yes it is!

    this isn't an argument! You're just contradicting.