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Net Neutrality — Threat Or Menace?

Roblimo writes "I had a dream. In it, I was CEO of a large telecommunications company that was also a major broadband Internet provider and all five members of the FCC were stabbing me with pitchforks and yelling in my ear that my company would be treated as a common carrier, not as a special entity they couldn't regulate. That's when I woke up..."

253 comments

  1. Shitty Story by sexconker · · Score: 4, Insightful

    Shitty or very Shitty?

    1. Re:Shitty Story by Anonymous Coward · · Score: 3, Insightful

      It's not even a "story". It's just a half page rambling preaching to the choir, and Tim decided to throw some traffic at slashdot's oldie roblimo.

    2. Re:Shitty Story by Anonymous Coward · · Score: 0

      For once in the history of mankind. Can't we have something good that excessive greed WON'T be allowed to fuck up?

      Come on. just this once... Lets try it. It's a novel idea.

    3. Re:Shitty Story by PopeRatzo · · Score: 4, Insightful

      For once in the history of mankind. Can't we have something good that excessive greed WON'T be allowed to fuck up?

      You sir, are un-American. It is a founding principle of our nation that excessive greed gets to fuck everything up. It's in the 1st Amendment (or at least, it's been in the 1st Amendment since the Supreme Court ruled on Citizens United).

      I'm still shocked to learn that the FCC still doesn't classify broadband internet as a telecommunications service. What else could it be?

      --
      You are welcome on my lawn.
    4. Re:Shitty Story by ottothecow · · Score: 3, Insightful
      He touches on something I mentioned in a story the other day.

      Allowing wireless providers the ability to regulate the flow of information sort of makes sense right this moment. The technology is still week compared to expected usage as smartphones are exploding (see iphones in NYC...hell, even see the fact that I live near wrigley field and have to try several times to connect a call whenever there is a game). The use of mobile devices now is still limited and they are rushing to keep up with it. It might be fair for them to say "no, you can't torrent right now" since you torrenting could kill everybody else trying to share your tower. We may not agree with them on this, but it is a valid point of view.

      Problem is that if you pass something that allows this now...what happens when technology matures to the point where everybody in the US has a smartphone that is more capable than todays computers and the provider-side technology exists to feed them all fast data simultaneously? You can bet that verizon isn't going to say "hey guys, we have really fat pipes now so we are done filtering/shaping". You can bet congress won't be in a hurry to repeal something they just recently passed.

      --
      Bottles.
    5. Re:Shitty Story by Austerity+Empowers · · Score: 4, Funny

      I'm still shocked to learn that the FCC still doesn't classify broadband internet as a telecommunications service. What else could it be?

      Adult entertainment.

    6. Re:Shitty Story by commodore64_love · · Score: 0

      PLUS, and this is the key point, wireless is a competitive market. I have over 10 different wireless providers to choose from - if one sucks I can wait for my one-year-contract to run out (or for them to change the terms, which lets me terminate immediately), and then switch to another that doesn't block websites or torrents.

      Government should only regulate in case of monopoly or duopoly. As is true with wired internet providers, but not wireless.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:Shitty Story by jd · · Score: 1, Interesting

      What we have is good? Try telling that to the old-timers like me who remember when USENET was a place where people enjoyed conversing, rather than a place of spam, hatred and hostility.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:Shitty Story by hedwards · · Score: 4, Insightful

      Wireless isn't a competitive market, they aren't competing with each other. It's more like an informal cartel. The prices are shockingly similar as are the services. Prices are strikingly similar carrier to carrier and there's a plethora of abusive practices which shockingly enough haven't gone away. What, pray tell, is the point of switching cell phone providers if they pretty much all engage in the same sort of bad behavior?

    9. Re:Shitty Story by ink · · Score: 1

      Whether or not a wireless provider is a monopoly has nothing to do with network neutrality It simply states that data packets all must be treated the same for an entity that sells data connectivity to consumers. It's like mandating that water can only contain so much arsenic, or that airplanes must fly in certain corridors. Monopolies are irrelevant to the idea.

      --
      The wheel is turning, but the hamster is dead.
    10. Re:Shitty Story by jc42 · · Score: 5, Insightful

      What we have is good? Try telling that to the old-timers like me who remember when USENET was a place where people enjoyed conversing, rather than a place of spam, hatred and hostility.

      Well, that's what we get for inviting the marketers and politicos in on what we were building. If we'd kept up the pretense that it was an Ivory Tower thing only of interest to academic types (and our military funders ;-), we wouldn't have these problems.

      Of course, we'd also probably not have connectivity to our homes or mobile phones. The only way to make the Internet available everywhere we want to go is to make it universally available. The universe includes those marketers and politicos, so it was inevitable that they'd stumble into our sandbox and behave the way they've always behaved.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    11. Re:Shitty Story by ottothecow · · Score: 2, Interesting
      And I feel like the nature of it has changed since 2002 or whenever the initial ruling on it was.

      The Internet is far more pervasive than it was in 2002--look at the business world. Sure, every office and cubicle had a computer in 2002, and they probably almost all had outward facing internet access. Email was prevalent but probably only the official means of communication across everyone in the most forward offices (I mean between everyone...you email the mail room employees these days at most places--they wouldn't have had individual computers 10 years ago). Now email is everywhere, and there are corporate level IM services all over the place. Even unimportant people have laptops they can use at home or on the train or while traveling. People have blackberries to always access emails and even review documents (now you might not get called in on the weekend but rather emailed in).

      I actually am surprised that more big businesses out there are not pushing for big neutrality. Unless your business is providing the data lines or directly being a content provider (e.g. ESPN might live to be able to pay for the privilege of loading faster than fan sports pages), it seems like common carrier status is in your best interest. It would be pretty bad if microsoft decides that sharepoint and RDP connections should be prioritized while citrix and lotus/domino or whatever groupware your company uses gets throttled down.

      As to the other replies above...its kind of a tough regulation question. Right now, there isn't really any regulation and things are generally fine. The Google/Verizon deal *IS* regulation, but it is regulation that would allow verizon to do what we are afraid they are going to do. In my mind, I can't see congress passing a sensible "net neutrality" bill. There are just too many ways that it will become loaded with technicalities that will halt innovation or allow bad things to go on. I can see a case for allowing the FCC to cover IP data under existing common carrier rules, but I can't see some big messy legislation working well.

      In many places, the wireless carriers are more competitive (despite their similarity) than the broadband carriers. Sure, they usually lock you in to long contracts...but for the most part, in any reasonable sized town, sprint, verizon, at&t, and t-mobile will provide usable coverage. Compare that to broadband...in my old place, the options were Comcast or AT&T DSL but the fastest speed at&t could offer in most buildings was about 1/10 as fast as cable (old buildings and wiring...although even the fastest DSL can't compete with good cable). AT&T could try to compete on features or "openness" but even if comcast was throttling some content to 10% speed, I would be better off. Paid content would come to me 10X as fast as DSL and content that didn't pay the "speed bribe" to the border router guard would still come just as fast as it would have on DSL. There is still room in the wireless industry for the companies to force each other to stay open through competition.

      --
      Bottles.
    12. Re:Shitty Story by iamwahoo2 · · Score: 2, Interesting
      I do not think that it is fair for them to say "sorry, we cannot offer you the service that you paid for, our network is far too obselete to actually offer the service that we are advertising and have agreed to provide." Allowing them to kick off the heavy traffic users would provide them an incentive not to upgrade the networks and compete with other carriers. Instead of competing by pushing out better networks, carriers would start competing for the customers who pay for the high end data packages but do not actually use it much. They would show the heavy users the door. Networks are not improved, therefore customers don't buy new phones, small businesses do not create new apps and services, fewer jobs are created, and life is shittier for everybody.

      The best compromise is to simply negotiate contracts with your customers stating that they are limited to X capacity of download at Y speed, after which they are downgraded to Y' speed? This is equally effective and not in conflict with net neutrality. Limiting specific apps or protocols gets you into that area that we are trying to avoid where the networks can manipulate the market of the Internet... eg, wireless networks would intentionally downgrade Skype service because it is a competing product.

    13. Re:Shitty Story by theshowmecanuck · · Score: 1

      Government should only regulate in case of monopoly or duopoly.

      What about in the case of cartels? I think ten can be considered a limited number in this case. Monopolies aren't the only way for an industry to screw over the public.

      --
      -- I ignore anonymous replies to my comments and postings.
    14. Re:Shitty Story by Anonymous Coward · · Score: 0

      Yep. The most blatant example of that is SMS pricing: at 0.20 USD per SMS, you're paying something like 1342177.28 USD per GB (yes, more than million dollars per gigabyte), which makes Comcast et al. seem like awesome people.

    15. Re:Shitty Story by inflex · · Score: 1

      What would be a real good story is something like "How to write the perfect story to pull /. traffic to your site". The last couple of years things have been going pear-shaped with the story selections consisting more and more blatent meta-stories rather than direct linking (or stories which have less legitimate content than the summary!).

      Bah!

    16. Re:Shitty Story by expatriot · · Score: 1

      While I understand the sentiment and the legal technicality, what we actually paid for was what was typical service at the time.

      More minutes in the plan cost more than fewer minutes.

      But not until the last few years have people used more data bandwidth than voice bandwidth.

      Phone companies therefore are now hit with the equivalent solution. Either charge more for more data or restrict data.

      I don't see this as evil, but rather a rapidly changing technilogical environment.

      In the long run, either we will pay more to our provider for more data or the provider will limit everyone to something like 1GB per month.

      The actual bandwidth required by the phone provider goes up quickly if typical users have net access.

    17. Re:Shitty Story by TheRaven64 · · Score: 1

      If only there were still places on the Internet where people enjoyed conversing...

      --
      I am TheRaven on Soylent News
    18. Re:Shitty Story by TheRaven64 · · Score: 2, Insightful

      It might be fair for them to say "no, you can't torrent right now" since you torrenting could kill everybody else trying to share your tower.

      Why? Why is a torrent less important traffic than an HTTP transfer? It makes sense for them to be able to charge more for reserved bandwidth with latency guarantees, such as for VoIP or video conferencing traffic, but it should be up to the customer what protocols they use. If someone is using so much bandwidth that it is affecting the rest of the cell, then either throttle them or charge them more, but don't just block or throttle specific protocols.

      --
      I am TheRaven on Soylent News
    19. Re:Shitty Story by Anonymous Coward · · Score: 0

      > Well, that's what we get for inviting the marketers and politicos...

      No. that's what you get when new technology makes old dominator think: "damn, this may affect our business in a deeply negative way" and some other emerging guys think: "interesting stuff but its decentralized nature makes it difficult to make money off it. Let's find substitutes we can control". Thus spam invaded email and usenet.

    20. Re:Shitty Story by EsbenMoseHansen · · Score: 1

      20 cents for one SMS? Around here (DK) it would be 1-3 cent, and I think that is pretty steep.

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    21. Re:Shitty Story by adrianmsmith · · Score: 1

      Allowing wireless providers the ability to regulate the flow of information sort of makes sense right this moment. The technology is still week compared to expected usage

      15 years ago wired networks were the same.

    22. Re:Shitty Story by Timmmm · · Score: 1

      The funny thing is, it costs 20c to send and 20c to receive texts in the US with a US SIM, but with a UK SIM roaming in the US it is actually very slightly cheaper! 39c to send, free to receive.

    23. Re:Shitty Story by jonaskoelker · · Score: 1

      What else could it be?

      An information service, where the ISPs all go gather all the worlds information and present it to the user. If it helps you, think of google, slashdot, my personal web server, [...] as the associated press feed and the ISP as the news anchor, except you can call in and have the news anchor give you the story you want.

      You could view it this way. I mean, you can if you know jack shit about IP, TCP, HTTP, SMTP, BGP, DNS // ARIN, ICANN, [...].

    24. Re:Shitty Story by PopeRatzo · · Score: 2, Informative

      An information service, where the ISPs all go gather all the worlds information and present it to the user.

      Please tell me you're joking, Jonas. You believe that your ISP is "gathering" something? All it's doing is connecting you to the resources that do gather something.

      Please tell me you're just being ironic. I can't tell the difference any more between someone being ironic and actual drooling idiocy.

      --
      You are welcome on my lawn.
    25. Re:Shitty Story by Hatta · · Score: 2, Informative

      It might be fair for them to say "no, you can't torrent right now" since you torrenting could kill everybody else trying to share your tower. We may not agree with them on this, but it is a valid point of view.

      It is! We call that point of view QoS (Quality of Service). It is shaping traffic based on type. It is entirely orthogonal to Network Neutrality, which refers to treating packets the same, no matter their point of origin.

      Network Neutrality and QoS are completely different things. Poorly written language enforcing Network Neutrality might accidentally ban QoS. We should be careful not to do this. But we must not let the need for QoS deter us from enforcing Network Neutrality.

      --
      Give me Classic Slashdot or give me death!
    26. Re:Shitty Story by iamwahoo2 · · Score: 1

      I am in agreement with what you said, but the contentious point is what you did not discuss...It is okay to charge higher prices for better service or to limit service based on overall network capacity. Network Neutrality is not in opposition to this. Network Neutrality is specifically concerned with equal access among applications and services over the internet. If traffic is unusually heavy and bandwidth has to be downgraded, then that is okay as long as it is downgraded equally for all internet data regardless of source, destination, or nature.

    27. Re:Shitty Story by kenh · · Score: 1

      I'm still shocked to learn that the FCC still doesn't classify broadband internet as a telecommunications service. What else could it be?

      Do you actually understand what that means?

      If the Federal Government were to regulate/oversee the broadband internet service the way it does telcom, there would be a lot of changes:

      1) The Federal Gov't could dictate the price one provider has to offer up their hardware to ther competitor - and the provider can't refuse to offer access to ther hardware from their competitors
      2) The Federal Gov't could require notification of outages of a certain size or duration
      3) The Federal Gov't could limit/control what services the broadband carriers carry/offer
      4) The Federal Gov't can start to impose taxes and levies on broadband services (just like cell phones and land lines - remeber how long it took to pay off the Spanish American War?)

      The Federal Gov't involvement doesn't come cheaply, and it will raise, not lower end-user costs either through increased administration costs for the ISPs or through taxes and levies passed-through to the consumer. Would federal oversight foster or hinder small start-up ISPs in a given area?

      All I'm saying is understand what you are calling for...

      --
      Ken
    28. Re:Shitty Story by commodore64_love · · Score: 1

      PLUS, and this is the key point, wireless is a competitive market. I have over 10 different wireless providers to choose from - if one sucks I can wait for my one-year-contract to run out (or for them to change the terms, which lets me terminate immediately), and then switch to another that doesn't block websites or torrents.

      Government should only regulate in case of monopoly or duopoly. As is true with wired internet providers, but not wireless.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    29. Re:Shitty Story by PopeRatzo · · Score: 1

      All I'm saying is understand what you are calling for...

      I'm OK with all 4 points.

      Broadband service needs to be regulated like a telcom. Better yet, a public utility.

      --
      You are welcome on my lawn.
    30. Re:Shitty Story by snadrus · · Score: 1

      Windows wouldn't risk throttling Lotus Notes/Domino as many of those who recently got a PC with email are now trading in their PC for Macs and even iPads for checking their Notes/Domino email. PC users go for webmail as well. But Oracle wanted to own their software stack. Companies are actively avoiding a risk of traps by Operating Systems. With enough competition & openness in communications systems, the same could be true.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    31. Re:Shitty Story by sonicmerlin · · Score: 1

      Despite your fear mongering of what *could* happen, the more likely scenario is that the government would simply impose open access rules on telecom (desperately needed for competition's sake) and quality of service minimum standards (desperately needed for consumers' sake).

    32. Re:Shitty Story by sonicmerlin · · Score: 1

      Didn't you say '16' last time or some other number? Why are you such a ****ing numbskull? Why do you endlessly troll slashdot and how do you ignore the realities people point out to you over and over again? Sigh... why am I bothering.

    33. Re:Shitty Story by sonicmerlin · · Score: 2, Interesting

      I'm sorry but everything you said is based on your brainwashed understanding of the US wireless market. Let's put some things in perspective for you. Very recently France Telecom offered a *quad play* for $60 (45 euro)/month. That's TV, home phone, home internet, and cell phone + data. Free.fr offers triple play for $40/month (30 euro). As for the US, the wireless market is insanely profitable for AT&T and Verizon. That's why Verizon has been dumping landlines in rural markets and shifting to wireless solutions (700 MHz LTE) for those same customers. Their ARPU is ridiculously high, as is their profit margins.

      The NY iPhone issue was completely AT&T's fault. They've been cutting capex by billions every year, despite tripling (yes TRIPLING) their profits from $4 billion to $12 billion between 2005 and 2008. As a recent study indicated, Android users actually use significantly more data over 3G than iPhone users, but Verizon has had no such network issues. In Japan, one of the densest areas in the world, especially its cities, 3G has been used as a primary internet connection by millions of people for years. There are no caps here. In fact I'm using 4G WiMax right now in Japan, and despite using 200 GB a month my provider has increased my speeds over the last 4 months.

    34. Re:Shitty Story by sonicmerlin · · Score: 1

      So here you are repeating yourself. I wonder if you have some sort of mental disease?

    35. Re:Shitty Story by PopeRatzo · · Score: 2

      Despite your fear mongering of what *could* happen, the more likely scenario is that the government would simply impose open access rules on telecom (desperately needed for competition's sake) and quality of service minimum standards (desperately needed for consumers' sake).

      There's no way the telecom industry would accept that. They'd fight it by saying it was "socialism" and "un-american" and "anti-free markets".

      Nothing short of turning over everything to corporations will satisfy the corporatist forces in America. We're headed for a very ugly sort of serfdom where most of us will be poor (despite having many consumer goods bought on credit) and we'll all die in debt. We'll be working for the same wages as Indian workers, but we'll all have credit cards to keep us working.

      Brother, after seeing the millions that are pouring into our election system from corporations these past few weeks, I'm convinced the US is on a fast track to something that doesn't really look anything like the America I grew up in.

      Thank goodness I have an EU passport, too, thanks to a little wrinkle in the Italian law. My wife was a foreign national when we got married, so she's got dual US/EU citizenship too. I'm looking for a safe place to retire, hopefully in Finland or near the Adriatic. I was born here, my dad fought in WWII, my granddad at the end of WWI. But America is turning to shit (and not because of Obama).

      --
      You are welcome on my lawn.
  2. here we go again by Sir_Lewk · · Score: 4, Insightful

    Que the standard partisan trolls screaming about how the government should "keep their hands off of the free market". Remember folks, before posting make sure to conveniently forget that the current state of affairs is anything but a free market, and that telephone companies have been common carriers for years without the foundations of freedom this country was supposedly built on crumbling. (well, at least not because of that...)

    --
    "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    1. Re:here we go again by Ant+P. · · Score: 2, Funny

      Que?

    2. Re:here we go again by sexconker · · Score: 1

      Earlier this week we had someone praising almighty atheismo that someone on slashdot used "cue" properly.

      It's nice to see you shitting on that poor man.

    3. Re:here we go again by Sir_Lewk · · Score: 3, Interesting

      huzzah composition words. A mental combination of queue (to line up) and cue (as in, "to trigger an action") I suppose. Interestingly either of those could have worked well enough.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    4. Re:here we go again by jmorris42 · · Score: 3, Interesting

      > Que the standard partisan trolls screaming about how the government should "keep their hands off of the free market".

      No, que me saying we should MAKE the Internet a free market.

      > Remember folks, before posting make sure to conveniently forget that the current state of affairs is anything but a free market..

      No, most folks get to pick government regulated monopoly telco A or government regulated monopoly cable company B with a government regulated but hopelessly out of the running because spectrum isn't nearly as bountiful as wires/fiber, wireless carrier as option C. Break the monopolies one last time, but do it smart unlike the AT&T fiasco. Regulated utility in control of the physical plant running on right of way monopolies selling access to unregulated entities providing TV, dialtone or IP.

      > ..and that telephone companies have been common carriers for years without the foundations of freedom this country was supposedly built on crumbling. (well, at least not because of that...)

      Yes. And you can call anyone at regulated rates..... so I can call California cheaper than the town next door because of it. Oh God bless the wisdom of the regulators, they brought sanity to the telephone game! And I get to pay $11/month for AT&T to tell their switch to NOT supress the Caller ID stream. Oh joy of joys. If you want the same insane, capricious bullcrap on the Internet, give control to the FCC. And thst is before the political cleansing that is the real reason they want to get involved starts.

      And why do I believe the want the control for political reasons? Because I listened to their words and did something I'm not supposed to do. I believed they intend to do exactly what they say for once.

      --
      Democrat delenda est
    5. Re:here we go again by Sir_Lewk · · Score: 0, Troll

      Whelp, can't say I didn't expect you...

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    6. Re:here we go again by lawnboy5-O · · Score: 1

      Steve, come on. we know you are hurting and all from that antenna debacle..... its ok pal. everything will get better.

    7. Re:here we go again by TubeSteak · · Score: 3, Insightful

      and that telephone companies have been common carriers for years without the foundations of freedom this country was supposedly built on crumbling. (well, at least not because of that...)

      Telephone companies were a free market, before they were a monopoly, before they were regulated into a free market.
      Wireless providers are an oligopoly and they naturally don't want to end up regulated like their old fashioned copper wire predecessors.

      What's good for them and what's good for us are two different things.
      Unfortunately, they've got billions of dollars and we don't.

      --
      [Fuck Beta]
      o0t!
    8. Re:here we go again by Sir_Lewk · · Score: 2, Interesting

      I'm genuinely baffled as to how my comment could possibly be interpreted as supporting Apple. Generally I'm the one hurling mud at Apple if I can smell even the slightest chance to do so...

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    9. Re:here we go again by roman_mir · · Score: 1

      How about wireless?

      There is much more competition in wireless than in wired land lines, which are common carriers.

      In wireless there is enough competition, the barriers of entry are much lower, anybody with some money can buy/rent a few pieces of land and install their own cell towers.

      So if a company builds network infrastructure by itself without any help from any government, shouldn't it be able to sell a service with a contract that explicitly discriminates against anything they wish?

      A contract is a contract in that case, and with no government money involvement, who is to tell a company like that what exactly they should be selling.

    10. Re:here we go again by Anonymous Coward · · Score: 0

      Que the standard partisan trolls screaming about how the government should "keep their hands off of the free market"

      "Partisan trolls" does not mean "people who disagree with me". And yes, that IS what you were saying. And no, I'm NOT an opponent of net neutrality, I just hate dishonest arguments.

    11. Re:here we go again by grcumb · · Score: 5, Insightful

      What's good for them and what's good for us are two different things.
      Unfortunately, they've got billions of dollars and we don't.

      Where, pray tell, do you think the billions of dollars come from?

      The level of cynicism in the US these days is appalling. Given the number of things that are wrong with the country, and the relatively sophisticated level of interaction that we see on slashdot[*], you'd think that action might occasionally result. But no, the very people whom you empower to make stupid decisions are treated as some kind of force of Nature, no more controllable than the weather.

      Yes, the system is fucked from top to bottom. Yes, getting anything done is boring and tedious and draining and maddening and prone to delay. It's designed that way to keep things from changing. Yes, dream as one might about overnight revolution, the only major changes to happen in the US since the revolution have taken decades as often as not. Equality for all races is still not fully achieved, a century and a half after people first began fighting about it. The very concept of the government as having a role in preserving the welfare of the people remains contentious and under constant challenge, fully two generations after it was first introduced as policy.

      What, did you think there was any other way? Did you think you could just throw a hissy fit and the nation would re-shape itself to fit your latest whim?

      The media are corrupt and debased, so find better sources for reporting, analysis and commentary. They're there to be found. Yes, your politician is a small-minded dick (or dick-ette) who's happier to comment on some inane 'wedge issue' than take an actual stance on policy. That's because the tactic works. Challenge them, primary them, pick on them and don't let up. Pick your battles and goddam well fight them.

      Yes, you're going to lose a lot of the time. Most successes will be compromises that will make you throw up a little in your own mouth. But you'll have moved the sticks another yard.

      Even if you do none of the above, please, for Christ's sake, stop throwing up your hands in despair. Come on, you're clever people! Act like it for once.

      You - more than the nut-bars on either fringe - are the people who most make me want to despair. You're smart enough to know better, and to achieve real change, but you've already given up. There will be nut-jobs in every generation; what's tragic about this one is that you've ceded the entire political process to them.

      ----------

      [*] I said 'relatively'. Relative to the average forum, yes, this is sophisticated. Hell, you're even reading the footnotes, so QED. 8^)

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    12. Re:here we go again by d3ac0n · · Score: 0

      huzzah composition words. A mental combination of queue (to line up) and cue (as in, "to trigger an action") I suppose. Interestingly either of those could have worked well enough.

      Or, you know, AntP COULD have been just using the Spanish word for "what".

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    13. Re:here we go again by MBCook · · Score: 5, Insightful

      In wireless there is enough competition, the barriers of entry are much lower, anybody with some money can buy/rent a few pieces of land and install their own cell towers.

      I was going to moderate in this discussion. Forget it.

      How is there enough competition? Is that why text message prices have gone up, despite costs to send them going down? Is that why AT&T has been spending less on their (famously bad) network lately, despite traffic being up at least 40%? Does that sound like something you do when you're in tight competition?

      And what's this low barriers to entry stuff? Putting up cell towers is expensive as hell, and it's hard to get the land to put towers up (which is one reason it's hard to cover cities). Then you have to have a spectrum license, phones that work with your chunk of spectrum, backhaul.... And no one is going to sign up with a carrier that only has 2 or 3 towers.

      Or are you talking about being an MVNO? Because those, even those that were arms of the big guys, have done so well over the last few years. The only carrier that seems to have entered the market recently is Wal*Mart, who is an MVNO (they don't have their own towers), and they have hundreds of billions they can spend to do it.

      So if a company builds network infrastructure by itself without any help from any government, shouldn't it be able to sell a service with a contract that explicitly discriminates against anything they wish?

      It's a legal contract, the government should stay out of it. But that's not the situation. We have 2-4 big companies, who move in concert (text message price raises are an example) and use their resources to keep new players out of the market (contracts, spectrum license auctions are bid up, etc). They have an oligopoly which they actively try to keep in place to stifle competition.

      The government should keep it's hands off the free market. But wireless and consumer internet access are no where near free markets for the vast majority of people, so it's the government's job to come in and protect citizens. Sometimes an industry or market needs a kick in the rear to get it moving. Sometimes that comes from inside (foreign cars during the oil crisis pushed the direction of Detroit), and sometimes it has to come from outside (the AT&T breakup).

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    14. Re:here we go again by Anonymous Coward · · Score: 0

      Well sorry, the telephone companies accepted money from the government to build backbone and there's really no turning back now.

    15. Re:here we go again by eldiabloencarne · · Score: 5, Funny

      Que los trolls partidista normales gritando acerca de cómo el gobierno debe "mantener sus manos alejado del mercado libre ". Acuerdate ustedes, antes de responder, asegurarse de olvidar convenientemente que el estado actual de cosas es cualquier cosa menos un mercado libre, y que las compañías telefónicas han sido los portadores comunes durante años sin que los fundamentos de la libertad se construyó este país, supuestamente, en ruinas. (bueno, al menos no por eso)
      *que que QUE?!*

      --
      La vida vale puro chili
    16. Re:here we go again by tqk · · Score: 1

      huzzah composition words. A mental combination of queue (to line up) and cue (as in, "to trigger an action")

      Whoosh. It means "what" in Spanish. "Que pasa? What's happ'nin'?"

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    17. Re:here we go again by roman_mir · · Score: 0

      I was going to moderate in this discussion. Forget it.

      - so why didn't you?

      How is there enough competition?

      - well obviously there is probably 5 times as much competition as in land lines.

      Now if there are companies that are trying, as you are implying 'to stifle' competition, that's a valid argument, that can be looked at, but clearly setting up your own wireless network is much cheaper and simpler than laying down cable, even with spectrum license costs. AT&T monopoly was created by government involvement in the first place, government basically nationalized the land lines and gave control to one company, that's not the case for the wireless.

      What should be happening is of-course a sane approach to radio spectrum sharing.

    18. Re:here we go again by jpapon · · Score: 2, Insightful

      I can call California cheaper than the town next door because of it

      If you're still paying based on where you're calling (inside the US) you need to stop wasting your time posting on /. and change your friggin phone service.

      Also, I don't really see how regulation goes against the free market. That's like saying having cops and laws goes against a free society. It doesn't. It goes against an anarchist society. I wish people would stop claiming they want a "free" market, when really they're just asking for anarchy, where corporations can do whatever they please to extort money out of you. Can you imagine if we didn't have the SEC, the FDA, price gouging laws, consumer protection laws... etc...

      In spite of what you may believe, the people out there looking to make money off of you aren't trying to be your friend. If there's no oversight, well, there's anarchy

      --
      -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
    19. Re:here we go again by Anonymous Coward · · Score: 0

      well obviously there is probably 5 times as much competition as in land lines.

      Again, how is there enough competition?

    20. Re:here we go again by Anonymous Coward · · Score: 0
    21. Re:here we go again by mick88 · · Score: 0, Offtopic

      why is this feller modded troll? He's responding to a question about his use of the "word" que... There is no mod for "responding to troll", but please someone have some pity on Sir Lewk and at least mod him back to 1 please.

      --
      I created this account just so I could comment on this story
    22. Re:here we go again by pspahn · · Score: 1

      Can you imagine if we didn't have the SEC, the FDA, price gouging laws, consumer protection laws... etc...

      Yeah, maybe people would actually have to *gasp* think for themselves.

      --
      Someone flopped a steamer in the gene pool.
    23. Re:here we go again by Anonymous Coward · · Score: 0

      What a fucking pussy. You couldn't argue his points which shows why you need regulation. Your to fucking stupid to do things yourself.

    24. Re:here we go again by Sir_Lewk · · Score: 1

      I got that, I was responding to explain my incorrect usage of "Que", where I most certainly did not mean the spanish word.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    25. Re:here we go again by interkin3tic · · Score: 1

      Que the standard partisan trolls screaming about how the government should "keep their hands off of the free market"

      They have names you know! And those names are Jmorris42 and commodore64_love.

      (I kid. It seems to me that on slashdot there are few people who think unrestrained free market solves everything and Jmorris42 and commodore64_love as far as I can tell don't actually think that in reguards to telecoms. The people you described aren't on slashdot, they're on Fox news.)

    26. Re:here we go again by Anonymous Coward · · Score: 5, Insightful

      You seem to think that the market will self regulate but it won't.

      1) More smaller companies will not make regulation happen. We had dozens of wireless providers and they slowly consolidated again--that's the endgame of capitalism.

      2) Cost of entry is too great for others to get in to the game and not because of regulation but because of hardware and wires, so we won't be seeing competition coming from the outside.

      3) Some times a government granted monopoly is the way to go. What would happen if everyone had to pick their own garbage collection company to come to their house? Collection days would widely differ, so trash would constantly be on the curb on your street; trash would pile up if companies folded without notice; some people would crazy sums of money because they were out of area; and really since they are already going down the street, why not just get all the trash on the street at once.

      Some times it's more efficient to be government regulated industry.

    27. Re:here we go again by Ironhandx · · Score: 3, Informative

      **gasp**

      All of you folks trumpeting free market and people thinking for themselves need to remember one thing:

      Think about how dumb the average person is. Now remember that half the people are even dumber than that.

      Theres a reason for all the regulations, and most of them started out with the intent of keeping some of those sub average folks from sticking forks into electrical outlets. I'm not saying its right, I'm saying their hearts were originally in the right place.

      In addition, as a free thinking person that can "think for themselves" the greatest example of a purely free market at work can be found in multiple areas over the last few thousands years, rampant with slavery, all of the wealth being focused in a few people and used to gain power, or power being used to accumulate wealth. At some point, someone gets an advantage in cash flow, it probably isn't even from their primary market, or if it is its used on something that isn't their primary market to gain an additional cash flow. Now with this advantage they use it to slowly damage the competition, because they can afford to do so. Either by selling below cost for awhile, forcing the competition to do the same while they can't afford to do so but you can, or if they manage to make the gap wide enough fast enough then they just buy the competition. Anything new springs up and bam, bought. A new idea? Oh, shit you'd rather ride it out than just sell to me now?... Oh, wait, screw that, I'll do it too but I have so much more money to pour into it right now that it'll be better than yours, available faster than yours, and I'll sell it below your cost, then I'll buy whats left of you for next to nothing after you're broken and just go right back to gouging the people for however much I want. Hell, in your "omg regulations" system right NOW this happens on a regular basis, its partly made easier in some cases but mostly made harder and there are laws in place to attempt to prevent it, but most of them don't go far enough.

      Theres your free market theory at work, thats what happens in a pure free market. The money eventually all aggregates at the top creating an oligarchy or plutocracy, which in turn makes almost all of the people under them their indentured slaves, except for a select few of course.

      I can provide specific, recent examples of things that have happened simply because of a cash disparity and not enough regulation in place to stop it from happening, but if you still think a free market is a good idea then likely you have your fingers in your ears going "la la la I'm not listening"

    28. Re:here we go again by pspahn · · Score: 1
      My sig does a decent enough job explaining the reason I would prefer a free market. It's a reference to a song. Look it up and give it some genuine thought. When it comes down to it, I am a Darwinist.

      I might appear contradictory at first, but that's not the case. I just thinks there are way too many people in this world and the main reason is because people no longer have to think for themselves.

      --
      Someone flopped a steamer in the gene pool.
    29. Re:here we go again by TubeSteak · · Score: 5, Insightful

      Where, pray tell, do you think the billions of dollars come from?

      The level of cynicism in the US these days is appalling.

      1. If I had millions of dollars in disposable income to setup lobbying groups that would be pro-consumer, I would... but (see point #2)

      2. More often than not, industry groups get invited to the negotiating table and consumer advocacy groups don't.

      Yes, you're going to lose a lot of the time. Most successes will be compromises that will make you throw up a little in your own mouth. But you'll have moved the sticks another yard.

      Even if you do none of the above, please, for Christ's sake, stop throwing up your hands in despair. Come on, you're clever people! Act like it for once.

      It doesn't matter how "boring and tedious and draining and maddening and prone to delay" the system is if you and I never get a seat at the table when it counts.
      Ultimately, by the time industries/politicians go public with their plan, our ability to negotiate a meaningful compromise is already irrevocably fucked.

      It's very rare for a large policy issue to not get decided behind closed doors and then "opened" to public input.
      You can assert that I'm being cynical and despairing, but I'm calling it like I see it.

      Or to put it succinctly: http://en.wikipedia.org/wiki/Regulatory_capture

      --
      [Fuck Beta]
      o0t!
    30. Re:here we go again by Anonymous Coward · · Score: 5, Insightful

      Are you serious or are you trolling?

      FCC regulates stuff. For example, they regulate telephone networks so that telephone networks guarantee certain amount of traffic, *always*. What was the last time you picked up a receiver and didn't get a dial tone? That's FCC rules. FCC does not regulate your caller ID!

      FCC job is to regulate ISPs such that they cannot to QoS on SIP vs. HTTP, or SIP from telco 1 vs. SIP from telco 2. They can regulate that ISPs can only do QoS based on end-point-IP of their customers only, and not on content provider's IP or what is type of connection.

      Without FCC regulation, what is stopping ISPs from fucking over all SIP, IPX and any other voice connection because the ISP is also a phone company? What is stopping the ISP from demanding extra money to provide smooth HD traffic to youtube? Nothing. Monopolies can demand whatever they want.

      PS. I pay $0.01/min (one cent per minute, or 60 cents an hour) to call any number in the US. Better quality than regular PSTN connection. All thanks to Internet and because my ISP *chose* not to fuck me over. But what guarantee do I have that the ISP will simply not start blocking SIP connections because their revenue for long distance from my number is non-existent?? And what choice do I have for another ISP? Absolutely ZERO.

      My SIP provider, callwithus.com, even has a notice,

      Some ISPs block VoIP traffic to push their own VoIP services to customers. We offer VPN (virtual private network) connection to our server to avoid provider's blocks. Stay connected! We have a high success rate.

      yeah, it's already happening. ISP fuck customers over because they know they can't move to another provider anyway.

    31. Re:here we go again by Anonymous Coward · · Score: 0

      Que?

    32. Re:here we go again by dkleinsc · · Score: 1

      It's not so much "free market" versus "monopoly" as much as "competitive market" versus "oligopoly".

      When you have 2-3 significant sellers in a market, it's an oligopoly, and that means the rules are different than in a competitive market, because each seller has significant control over the going rate for the commodity (in this case, broadband access). Oligopolies are the source of a lot of studies in economics, because there's significant game theory involved.

      For instance, let's say your choices for broadband are between a phone DSL line from company A and a cable line from company B. Now, A and B are competitors, true, but they also have a collective interest in keeping prices from dropping too low. Maybe A has 65% of the market and B has 35%. Now, B can attempt to steal market share from A by undercutting their price, and even succeed, so now B has 65% of the market and A has 35%. But then B wants to make cash from their advantage, so they raise their prices back up to the point where they're comparable to A's, knowing full well that most people won't switch if the prices and service are similar. So far things are good for B, who's now significantly increased their profits. But now A wants those profits, so they undercut B's price, swipe 30% of the market from B, monetizes their gains by raising their price back, and we're right back where we started.

      Now, A could respond to B's price cut by cutting their prices even further, but they know that in the end a price war is bad for both companies, so there's a minimum they'll go to, because A will likely be better off by just letting the cycle I just described happen. And since A and B both have a pretty standard price they go back to after the steal-market-share maneuver takes place, the prices for consumers never really drop, which makes this market not much different from a simple monopoly.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    33. Re:here we go again by Anonymous Coward · · Score: 0

      don't you have some testicles to put in your mouth, i'm sorry i meant to say "don't you have a teabagger rally" whoops i meant 'tea /PARTY/' rally to go to"

    34. Re:here we go again by shadowofwind · · Score: 3, Insightful

      Trouble is, as I see it, people complain when they're getting the short end of the stick, but almost always sell out when they get a chance to grab the long end. "The rest of us" can't beat the bastard elites, even though in theory we're stronger than them, because every time a few of us get a little leverage we switch sides.

    35. Re:here we go again by Ironhandx · · Score: 2, Interesting

      I agree to a point, but I feel the regs should still be in place to prevent an unfair advantage. a man with an IQ of 100 who inherits 100 million will inevitably trounce a man with an IQ of 140 who inherits nothing when they attempt to compete with each other.

      Basically I think they should remove most safety regulations, but keep the business ones and add to them. Mostly because social IQ is a different metric, and business almost exclusively promotes social IQ, and a society left in an endless circle jerk isn't going to get anywhere. We're already seeing effects of this at work in some areas.

    36. Re:here we go again by Nikkos · · Score: 2, Interesting

      "Equality for all races is still not fully achieved, a century and a half after people first began fighting about it."

      People've been fighting about it for a lot longer than that. It's just that somehow the world has decided the US has to solve the world's ills in the mere 200 years they've been here - despite the rest of you lot having been around quite a bit longer.

      The US has become the world's bloody soap-opera. I've had countless students from all over the world mention Obama (or Bush, a few years ago) but they don't even know the name of their own countries leader. Scary that they expect more from the president of a country that until now they've never been to, than the leaders of their own.

    37. Re:here we go again by pspahn · · Score: 1

      I agree to a point, but I feel the regs should still be in place to prevent an unfair advantage.

      You mean like being more fit to survive? I say tough shit.

      --
      Someone flopped a steamer in the gene pool.
    38. Re:here we go again by Anonymous Coward · · Score: 0

      Yes, that was the joke. You should go get an MRI to see if you have Asperger's.

    39. Re:here we go again by Ironhandx · · Score: 2, Interesting

      an idiot thats handed 100 million because he lucked into having a good father is still an idiot. Certain parts of that genetic code may be good but you lose all darwinism as soon as the idiot procreates off his fathers efforts.

      On an even playing field that jackass wouldn't have been more fit to survive. You can't have an even playing field in a free market. In a properly regulated market the idiot would squander his fathers fortunes while not being able to play bully in his market and the other guy would keep trucking along and eventually be a great success, advancing the species more than the idiot ever could have.

    40. Re:here we go again by Anonymous Coward · · Score: 0

      >>Equality for all races is still not fully achieved, a century and a half after people first began fighting about it.

      Yeah.

      Maybe someday we'll see, like, a woman and a black guy as the two leading contenders for president of the United States.

      Or maybe not. That damn invisible discrimination is rampant!

    41. Re:here we go again by pspahn · · Score: 1

      Intelligence isn't the only part of the equation. Luck does play it's role, but so does brawn. Regulations that level the playing field do nothing but add to the notion that "All men are created equal."

      All men are NOT created equal, evolutionarily speaking. If that were the case, the animal kingdom wouldn't favor mates who have the brightest, strongest, fastest, biggest, etc.

      It comes down to one factor. Who is the most fit to survive? Fitness has certainly changed it's meaning over the ages. Unfortunately, what we have now is people who live thousands of miles away making declarations on who is fittest (or isn't).

      The human race is now stagnated. There is less motivation than ever to ensure the fittest survive.

      --
      Someone flopped a steamer in the gene pool.
    42. Re:here we go again by 246o1 · · Score: 3, Insightful

      Can you imagine if we didn't have the SEC, the FDA, price gouging laws, consumer protection laws... etc...

      Yeah, maybe people would actually have to *gasp* think for themselves.

      Regulation reflects people thinking about something and saying "I would rather have the world work in this orderly way, and use my brainpower on more important tasks than researching every company I buy food from, buy cars from, borrow money from, or engage with in any way. In order to have the freedom to spend my time some other way, I support the existence of public institutions working on my behalf for the public good."

      --
      Although the moon is smaller than the earth, it is farther away.
    43. Re:here we go again by Anonymous Coward · · Score: 0

      It won't work. People have already tried it. It doesn't work.

      If you don't tow the media company's line, they'll just ignore you. You won't get reported on. The people will never hear you. They simply will refuse to run your ads.

      Think I'm wrong? It happened to Ron Paul. He get less coverage in the 2008 election than Fred Thompson or Rudy Giuliani - despite the fact that he was frequently in second or third place, while both those candidates were pulling in less than a percent of the total vote! Even with 10% of the vote, the media saw more fit to comment on the candidate with LESS than a TENTH of the votes. All because Ron Paul refused to tow the media company line.

      The media are corrupt and debased, so find better sources for reporting, analysis and commentary.

      Great. So your suggestion to the fact that the voters in general are poorly informed is for the people who are already better informed to ... remain better informed.

      Yep. That'll definitely win the votes of the people still stuck watching the main stream media that completely ignores you - exclusively reading media that doesn't.

      Too bad you'll still lose because the voters will continue to listen to either Keith Olbermann or Glen Beck depending on their party affiliation.

      Challenge them, primary them, pick on them and don't let up.

      How? They'll just refuse to debate you, and that's the end of that. Your challenges will be ignored, and because the media isn't reporting on you, no one will ever know you even made them. (For actual examples, see the Green Party and the Libertarian Party, both of who tried to enter debates and both of who were refused.)

      Yes, you're going to lose a lot of the time.

      No, you're going to lose all of the time. Because it's their game. If you don't play by their rules, you don't exist.

      Want examples? Look at any third party candidate pretty much ever. The media ignores them, the Democrats and Republicans pretend they don't exist, and at best they MIGHT appear on the final ballet, assuming no one was able to find a loop hole to use to exclude them.

      The Green Party and Libertarian Party had no chance of winning the presidential election because they were kept off enough ballets such that they COULDN'T win.

      Same thing happens locally.

      It doesn't look hopeless, it IS hopeless. The Democrats and Republicans already control the media, and as such, they control the entire political discussion. The only people who CAN change the system are the people who MADE the system.

    44. Re:here we go again by clydemaxwell · · Score: 1

      >"partisan trolls"
      partisan means strongly identifying with or voting along party lines, aka a person who votes republican because "he's a republican, damnit" rather than the issues being weighed
      a troll is someone who posts things for the sole purpose of garnering attention, anger, flames, etc. he rarely posts with his actual belief system, he posts whatever will be most inflammatory.

      so these words really don't go together. don't just throw words together to sound smart.

      I forgive you the 'que' thing. it happens.

      --
      Browsing with classic discussion, noscript, at -1 and nested
      no hidden comments and I only mod UP
    45. Re:here we go again by sjames · · Score: 1

      So if a company builds network infrastructure by itself without any help from any government, shouldn't it be able to sell a service with a contract that explicitly discriminates against anything they wish?

      Sure, the moment a company manages to build their national network without using any government exercise of eminent domain for right-of-way (including for the publicly owned EM spectrum), no government grants or special tax breaks, no use of special must carry rules, etc, etc, then they can do as they will.

    46. Re:here we go again by grcumb · · Score: 3, Insightful

      Trouble is, as I see it, people complain when they're getting the short end of the stick, but almost always sell out when they get a chance to grab the long end. "The rest of us" can't beat the bastard elites, even though in theory we're stronger than them, because every time a few of us get a little leverage we switch sides.

      That's an exceptionally good point. You not only have to win the ground, you have to defend it as well. That's why politics is such a difficult game, one where gains and losses are generally measured in tiny increments.

      And yes, as we saw with the 'flower power' generation (and every other besides), no sooner does a group achieve entitlement than they start blocking others from achieving it. The bastard elites will always exist, and there will always be a disenfranchised group fighting for a place at the table.

      Again, that's what makes The System a pain in the ass to contend with: There's always some bastard elite trying to hold onto what they've got. Sometimes they're right to do so, sometimes not.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    47. Re:here we go again by grcumb · · Score: 1

      People've been fighting about it for a lot longer than that. It's just that somehow the world has decided the US has to solve the world's ills in the mere 200 years they've been here - despite the rest of you lot having been around quite a bit longer.

      Of course, racial and social inequality have been with us for as long as we've had race and society. My point, however, was specifically in the context of the US, and my argument was specifically about the appallingly cynical view of politics that prevails in the US.

      The US looms large at this point in history because the effects of its actions are often global in scope.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    48. Re:here we go again by grcumb · · Score: 3, Interesting

      You can assert that I'm being cynical and despairing, but I'm calling it like I see it.

      I think you're spot on with your analysis. I only take issue with your conclusion that it can't be changed.

      Every great success in US history - and there are many - has come as a result of concerted action against enfranchised elites over the course of decades.

      Now get to work. 8^)

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    49. Re:here we go again by microbox · · Score: 1

      In spite of what you may believe, the people out there looking to make money off of you aren't trying to be your friend. If there's no oversight, well, there's anarchy

      No my commie adversary - the government is a HUGE moral hazard, and you just don't see it. In your best interests, I'm going to take away all of those government controls, so that the free market can fix that moral hazard. As a conservative - I'm also going to support starting wars with foreigners I've never met, and sent the poorest to fight. Since it's in everybodies best moral interest.

      Unfortunately, you are too stupid to understand all of this.

      --

      Like all pain, suffering is a signal that something isn't right
    50. Re:here we go again by Anonymous Coward · · Score: 0

      Wow, that's such an amazingly cogent argument. You blather some ad hominem bullshit about how only "anti government kooks" don't want government regulation, then mockingly indicate you expect someone to disagree with you (crazily) at any moment. Then when someone _pwns_ your ass you just blather on like a fucking twit.

    51. Re:here we go again by microbox · · Score: 1

      I can provide specific, recent examples of things that have happened simply because of a cash disparity and not enough regulation in place to stop it from happening, but if you still think a free market is a good idea then likely you have your fingers in your ears going "la la la I'm not listening"

      It is the inability to process information - it can be heard, but the brain cannot process it. Equivalent to someone trying to explain to you what your blind spots are.

      --

      Like all pain, suffering is a signal that something isn't right
    52. Re:here we go again by Anonymous Coward · · Score: 0

      I don't think we should round up all the stupid people and kill them. All I'm saying is that we should take the warning labels off of everything and let the problem solve itself.

      Maybe instead of bitching about how unfair the world is you should get out there and try to make your ideas work. There was commerce before patent law and regulation, and much of that commerce contributed to our cultural renaissance proceeding after the dark ages. Anyone who sits on his or her money in a truly free market either fritters it away or has it frittered away by their children. The natural selection you speak of as an example of why free markets are bad resulted, in a sense, in the only creature on the face of the planet able to dream of the free market.

      Applying your logic to nature we need to de-claw lions, de-beak falcons, and give mice weapons. Clearly it's unfair that any creature should be able to consume any other. This is an outrage, and I expect government to step in and force all the animals to behave fairly toward each other! As a mouse, it is my right to lay out in broad daylight while the wolf feeds me grain! How dare that wolf think he is better than me, simply because he is a hunter.

      All of your specific examples result entirely from government regulation, including sub-prime lending. Sub-prime lending is a direct result of Clinton deciding that everyone had a right to own a home. Read that again. It's not a privelidge, coming from years of hard work and dedication, home-ownership is a right.

    53. Re:here we go again by TubeSteak · · Score: 1

      Every great success in US history - and there are many - has come as a result of concerted action against enfranchised elites over the course of decades.

      Most of the "great success" for consumer/employee rights has come as a result of a massive market failure/disaster or a public scandal.

      National monopolies led to the trust busting era, the great depression led to regulation of banks and the stock markets, "The Jungle" led to regulation of the food industry, multiple mine disasters led to employee rights, the housing collapse is leading to another round of financial regulation, etc etc etc.

      The internet is never going to have the kind of disaster that will lead to robust consumer protections despite the mono/oligopic nature of ISPs & wireless providers. The only good news is that the FCC seems pre-inclined to impose a 'proper' form of net neutrality instead of the loophole infested compromise that Google and Verizon cooked up.

      --
      [Fuck Beta]
      o0t!
    54. Re:here we go again by Anonymous Coward · · Score: 0

      Iron Triangle too http://en.wikipedia.org/wiki/Iron_triangle

    55. Re:here we go again by Sir_Lewk · · Score: 1

      You couldn't argue his points which shows why you need regulation

      In the case of net neutrality, I support regulation.

      Nice try though, maybe next time.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    56. Re:here we go again by Patch86 · · Score: 1

      Survival of the fittest may have favoured genetic change in our prehistory, but not so anymore. With hereditary property inheritance, fitness to survive is as much determined by the wealth handed down from your parents, not the genes.

      How many baby Murdochs are now top lieutenants in daddy Rupert's media empire? (hint- all three were given top jobs, although only one has managed to stick it out). And do you think Paris Hilton would have had the abilty (genetic or otherwise) to build an international hotel chain?

      Not that I'm arguing that we should all adopt hardline socialism. I'm just pointing out that free market dogma does not lead to the betterment of the species.

    57. Re:here we go again by Patch86 · · Score: 1

      The internet is never going to have the kind of disaster that will lead to robust consumer protections despite the mono/oligopic nature of ISPs & wireless providers.

      I like your optimism (or possibly pessimism). If history teaches us anything, it's that corporations without checks and balances tend to be self destructive (see your own examples).

      If ISPs are not properly regulated, their behaviour will get steadily crazier. Expect to see traffic shaping so widespread that half of the websites you search for can barely be accessed. Expect to see throttling become a standard weapon in the patent/copyright/price wars between companies. Expect to see price gouging (I know, I mean more so).

      If things follow historical precedent (again, see your own examples) eventually things will be so bad that the government (funded by our old friend the tax payer) will be forced to step in and clear up the mess.

    58. Re:here we go again by Patch86 · · Score: 1

      Or are you talking about being an MVNO? Because those, even those that were arms of the big guys, have done so well over the last few years. The only carrier that seems to have entered the market recently is Wal*Mart, who is an MVNO (they don't have their own towers), and they have hundreds of billions they can spend to do it.

      I don't really want to play the "here in the UK" card again (I seem to so much at the moment), but it probably is relevant here as our market conditions are near enough identical. So:

      Here in the UK, there are only 2 major wired networks (Virgin's cable and BT's Openreach network) and maybe 4 wireless providers that I can think of.

      However the VN market is relatively booming. Virgin have a VN running over T-Mobile's wireless network, Tesco have a VN, as do Asda/Walmart, BT have a VN (I think over Vodaphone's infrastructure), there's a whole host of minnows, and even a Phone Co-opertative.

      I'd be surprised if it proved impossible to replicate this relative success in the US.

    59. Re:here we go again by Rockoon · · Score: 1

      How is there enough competition? Is that why text message prices have gone up, despite costs to send them going down? Is that why AT&T has been spending less on their (famously bad) network lately, despite traffic being up at least 40%? Does that sound like something you do when you're in tight competition?

      The cost of text messaging is what it is because that is what the market will bare. If AT&T lets its infrastructure go to shit, then you can go with Verizon, Sprint, T-Mobile, etc..

      The free market does not guarantee that all competitors are specifically rational about the specific thing you care about, nor is it supposed to.

      You have quite a bit of choice right now when it comes to mobile carriers. If none of the services are living up to your expectations, then either your expectations are irrational or there is a big conspiracy. Given how nasty AT&T and Verizon are to each other, I'm pretty sure that they arent in bed together... so it must be your expectations that are irrational.

      --
      "His name was James Damore."
    60. Re:here we go again by L4t3r4lu5 · · Score: 2, Funny

      *que que QUE?!*

      Racist.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    61. Re:here we go again by Anonymous Coward · · Score: 0

      "anything but a free market"

      Do you mean to say that abolishing the FCC all together would help preserve network neutrality?

      Claiming that the cause of current problems with the market is that it is not yet free enough, is standard fare for the type of trolls you describe.

    62. Re:here we go again by Ironhandx · · Score: 1

      You're right. The free market doesn't lead to the betterment of the species, it leads to the betterment of a few insignificant specks lives. In the grand scheme of things and working towards the betterment of the human species, the free market is the worst possible way to go about it. Hard line socialism doesn't work either because the idiots breed still, living off of government welfare. The answer is somewhere in the middle. Business needs to be fairly heavily regulated, because lets face it, even the regs you put into place are NOT going to be followed to the letter, so you have to overshoot a bit.

      The rest of society? Let them do what they please as long as it doesn't hurt anyone else. Anyone stupid enough to go skydiving without a parachute because there weren't any regulations saying they "Had to have one" isn't an asset to the species overall and should be allowed to jump off of that plane. Nor should we have welfare, we should have a low income support system but it should be heavily heavily based around educating these people rather than having them continue to leach off of the government as the system is currently designed to do.

    63. Re:here we go again by Dog-Cow · · Score: 1

      Actually, you're a fucking piece of shit asshole. The idea of "Survival of the Fittest" is just that -- an idea. It's not a Universal Law or Truth. Humans are no less subject to evolution than any other living organism. As a species, our laws and regulations have gotten us to the point that there are over 6 billion of us and we are the dominant species, able to survive in a wider variety of climates than any other.

      The idea that deregulation would have a positive affect to our species is ridiculous. You should follow your own advice and kill yourself off.

    64. Re:here we go again by Dog-Cow · · Score: 1

      Are you a hypocrite, or just a complete and utter shithead? On one hand, you advocate for a free market, and on the other you claim suffering is a sign of something wrong.

    65. Re:here we go again by jonaskoelker · · Score: 1

      GGP wanted the partisans to form an orderly, single file cueue ;-)

    66. Re:here we go again by mcgrew · · Score: 1

      Spanish for "what?" I don't know why he's using a Spanish word in an English sentence, though. Maybe he's from Texas.

    67. Re:here we go again by mcgrew · · Score: 1

      Yeah, maybe people would actually have to *gasp* think for themselves.

      You might try a little of it. Without an FDA what would keep drug companies from selling you half strength heart medicines? Or selling anything at all except placebo? Use your head, man. These people do NOT care if you live or die, there are six billion more of you for them to fuck over.

      Before the EPA there were places in the US where you literally could not breathe, and you wouldn't want to dip your big toe in any lake or stream in the country because industry had made it all poisonously filthy. The Clean Air Act and Clean Water Act were passed because the US was heading toward uninhabitibility. You young people can't imagine how fucked up things were then, it was BAD.

      Corporations are run by sociopaths. Never forget that; they have no feelings for you or care about your needs.

    68. Re:here we go again by mcgrew · · Score: 1

      Some times a government granted monopoly is the way to go. What would happen if everyone had to pick their own garbage collection company to come to their house?

      Well, come visit Springfield and you'll see. There are half a dozen different trash companies here.

    69. Re:here we go again by Monkeedude1212 · · Score: 1

      Yes but do you have a government regulated one that does your curb every week and are those just the companies that handle the green bins you set up at work / need to call for bigger trash?

    70. Re:here we go again by mcgrew · · Score: 1

      Yes, they show up at the curb (or alley, depending on which company you choose) once a week. They're competetive, so trash pickup is pretty cheap here. I'm sure there are regulations governing them; they can't just dump your garbage just anywhere, for instance.

    71. Re:here we go again by ultranova · · Score: 1

      Intelligence isn't the only part of the equation. Luck does play it's role, but so does brawn. Regulations that level the playing field do nothing but add to the notion that "All men are created equal."

      Regulations change the fitness criteria. If you are less fit, relatively speaking, in the new environment they create than in the old one, then, to quote your own earlier post, though shit.

      All men are NOT created equal, evolutionarily speaking.

      Why is it that those who understand a theory the least are the quickest to base their arguments on it?

      If that were the case, the animal kingdom wouldn't favor mates who have the brightest, strongest, fastest, biggest, etc.

      It doesn't. It generally favours health.

      It comes down to one factor. Who is the most fit to survive?

      Whoever survives. Or, evolutionary speaking, whoever manages to pass his genes to most offspring. Of course even this is a simplification, since for example ants are very fit despite most ants being sterile.

      Fitness has certainly changed it's meaning over the ages.

      Fitness has never changed its meaning. How specific qualities change your fitness has, and has in fact done so constantly since life began; the ability to quickly adapt to new circumstances is a very important part of long-term fitness.

      Unfortunately, what we have now is people who live thousands of miles away making declarations on who is fittest (or isn't).

      Which would make the ability to influence people thousands of miles away have an important contribution to your fitness. It is not "unfortunate", it is simply reality disagreeing with your personal fantasies. Don't worry about it, it's a common occurrence for the adherents of Social Darwinism or other nonsensical belief systems.

      The human race is now stagnated. There is less motivation than ever to ensure the fittest survive.

      Fittest always survive, by definition. You are confusing "fit" as a term in a scientific theory with "fit" as a term in Aryan superman fantasies.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    72. Re:here we go again by TempeTerra · · Score: 1

      I think you're conflating 'best' with 'fittest'.

      What kind of company do you think is fittest to survive in a totally free market?

      --
      .evom ton seod gis eht
    73. Re:here we go again by HTH+NE1 · · Score: 1

      Would that explain my not seeing the accent in "qué"? Because "que" doesn't mean that; it means "that".

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    74. Re:here we go again by HTH+NE1 · · Score: 1

      Not just Spanish, but also not "what" in Spanish.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    75. Re:here we go again by Just+Some+Guy · · Score: 1

      FCC job is to regulate ISPs such that they cannot to QoS on SIP vs. HTTP

      You couldn't have picked a shittier example. Given a lack of infinite bandwidth, I want an ISP to prioritize SIP - all SIP, regardless of endpoint addresses - over bulk transfers. That way I can make VOIP calls while you're downloading a Windows update, and you can do the same even when I'm serving web pages. That's perfectly neutral; the ISP isn't prioritizing my packets over yours or vice versa. It's prioritizing latency-sensitive protocols over bulk protocols without regard to who is using them.

      --
      Dewey, what part of this looks like authorities should be involved?
    76. Re:here we go again by sonicmerlin · · Score: 1

      He was being sarcastic... your /s indicator broken or something? Why else would he go out of his way to point out the blatantly hypocritical policies of US conservatives?

    77. Re:here we go again by sonicmerlin · · Score: 1

      They're so nasty to each other that they...continually jack up prices and degrade services? AT&T just implemented a ridiculously low 2 GB cap. Verizon has endlessly been hinting towards caps and/or usage based pricing on LTE. "What the market will bare" is a meaningless term when it's a sellers' market, which is exactly what you get when an oligopoly controls almost everything. There are no options for people who want a carrier that doesn't mark up the cost of txt msg's 10000%.

    78. Re:here we go again by Rockoon · · Score: 1

      There are no options for people who want a carrier that doesn't mark up the cost of txt msg's 10000%.

      Why not?

      The answer is that there is not a large market for people that care enough that they are marked up 10000%. If there was, a company would target that market and snatch up all those users that care enough.

      It is your expectations that are messed up. There simply is not a big market of people up-in-arms over text messaging rates. Most people are fine with the rates -> its what the market will bare.

      --
      "His name was James Damore."
    79. Re:here we go again by Anonymous Coward · · Score: 0

      So if a company builds network infrastructure by itself without any help from any government, shouldn't it be able to sell a service with a contract that explicitly discriminates against anything they wish?

      Blacks? Gays? Women? Left-handers? Liberals? Fat people? Muslims?

    80. Re:here we go again by Anonymous Coward · · Score: 0

      What are you talking about jmorris? With the government regulated telcos we get to choose from a ton of different carriers and the rates are as cheap as you want. With internet we get to pick between 1 or 2 companies.

    81. Re:here we go again by sonicmerlin · · Score: 1

      Or maybe the cost of starting up a network is insanely high? First you need billions to buy up spectrum at one of the FCC's spectrum auctions. Then you need billions to build out towers and lines, and that's all money you have to pay upfront before you even make a dime. Your special access costs will also be at the whim of AT&T and Verizon, who control the majority of middle mile access points across the US. Do you understand how insanely difficult it is to attract investors in that situation?

  3. Also be worried about the rest of the world by Meshach · · Score: 3, Insightful

    Judging from the restrictions being imposed the rest of the world that should be making more of us angry. Why there are not more people up in arms about the restrictions in the middle east is beyond me.

    --
    "Maybe this world is another planet's hell"
    Aldous Huxley
    1. Re:Also be worried about the rest of the world by PPH · · Score: 3, Interesting

      Personnaly, I'd be more comfortable having my government come out and admit that they are spying on me then the current situation here. Pay no attention to those NSA splitters and fiber optic lines coming out of teecom switching centers (not on the international submarine cables, on the internal circuits).

      Nothing to see here. Move along now.

      --
      Have gnu, will travel.
    2. Re:Also be worried about the rest of the world by webheaded · · Score: 1, Insightful

      Because people are naturally more inclined to be angry at things that affect them? Is that even a real question? And who is to say how angry anyone is or isn't at the rest of the world. I routinely talk about the UK to 1984 and exclaim that the book wasn't meant to be used as a handbook.

      Furthermore, this is a US site, with people concerned primarily with US affairs and the people in those countries that have the most heinous blocks have a real hard time complaining about it behind the great firewall. And lastly, I wasn't aware you could only be angry with 1 thing at a time.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
    3. Re:Also be worried about the rest of the world by dbcad7 · · Score: 2, Insightful

      People live in different societies, with different morals and values.. It is not my job to change them to match my morals or values.. Change comes from within. No one is going to come to my rescue, or get up in arms if my government does something to suppress me, and I wouldn't expect them to., I would do what I could to change my own government.

      --
      waiting for ad.doubleclick.net
    4. Re:Also be worried about the rest of the world by ink · · Score: 1

      The big difference in the US is that RIM, et. all are allowed to use encryption. The NSA has to break strong encryption if they want to record all conversations. I use PGP, ssh, https and other forms of encryption all the time because of it. All of my company's site-to-site data goes over AES/SHA tunnels, and I'm not in jail. In many ways the Internet is a "public place" in legal-speak, and you shouldn't expect any kind of privacy from anyone; perhaps least of all from the NSA.

      --
      The wheel is turning, but the hamster is dead.
    5. Re:Also be worried about the rest of the world by Jane+Q.+Public · · Score: 2, Insightful

      The problem is that there is no technical reason it has to be a "public place". People should be able to expect that their emails are private communications, just as their post letters are private.

      It is practice, and more specifically government and large-corporate practice, that has mandated the "publicness" of the internet. It need not be so.

    6. Re:Also be worried about the rest of the world by Tetsujin · · Score: 1

      The problem is that there is no technical reason it has to be a "public place".

      Well, there is actually... Let's suppose everyone involved promised not to snoop on your data as it passed through their network systems. How do you know they're sticking to that promise? You have know way of knowing. If they decide to snoop on you without saying so, you'll simply never know. Therefore, if you care about the privacy of your data you have to treat the internet as a hostile environment.

      --
      Bow-ties are cool.
    7. Re:Also be worried about the rest of the world by PPH · · Score: 1

      And it depends on how well you trust the party at the other end of your encrypted channel. If its a good buddy of yours, there may be no problem. But if its a corporation (that must depend on the whims of various bureaucrats for their existence), you have to treat that channel as hostile as well.

      This is the problem with RIM. While their system encrypts data traveling over the wireless systems they utilize, you have to assume that its still secure once its on their servers. And since they handle the key management for all of their clients, they are in a position to break that trust. And they have in fact been told to do just that publicly by several governments. My problem is that they may have already been told to do so, but secretly, by Canadian and US governments. This has been hinted in several news stories (the 'special relationship' between countries security services).

      At least with India and the UAE, I'll know they soon can read my stuff. They've announced this to the world. Here in the land of the free, I'll never know. An announcement to that effect would be a violation of various laws.
       

      --
      Have gnu, will travel.
    8. Re:Also be worried about the rest of the world by Jane+Q.+Public · · Score: 1

      These objections apply equally well to telephone communications, fax, etc. Why should the internet be any different? I'm not saying you are wrong, I am just saying that they should apply equally to internet and telephone... and would, if internet providers were Common Carriers.

    9. Re:Also be worried about the rest of the world by Anonymous Coward · · Score: 0

      Brainless bastard, India is NOT part of the 'middle East', you ignorant twit. Why the fuck do guys like you not do some basic research before typing your ass away, eh? I can appreciate that you were busy having your ass humped instead of paying attention to Geography lessons, but you ought to do better at least now, since you have access to the bloody internet.

  4. This all hinges on what "Net Neutrality" is. by GiveBenADollar · · Score: 5, Insightful
    This is what I see:

    Side A: Net Neutrality means that I can do whatever I want with my net connection without paying different fees!

    Side B: Net Neutrality causes the government to regulate what ISPs provide, and stifles free market!

    Nobody is arguing true net neutrality, which is that my ISP is not allowed to regulate what content I receive through the means I have purchased. I don't care if they block ports on some plans, or limit my connectivity in other ways so long as they are not blocking sites or CHANGING the content before I receive it. If I use more bandwidth I deserve to pay more because it costs my ISP more to cater to me, but I don't want them to re-direct my web browsing (even my advertisements), I don't want them to throttle certain things that I am allowed to do, or otherwise hinder my connectivity unless it's actually because I have gone outside the bounds of my service plan (Too many GB downloaded/uploaded). Until we can stand together and support the free exchange of information without tying it together with freedom to do whatever the hell you want net neutrality will fail.

    1. Re:This all hinges on what "Net Neutrality" is. by jmorris42 · · Score: 2, Insightful

      > If I use more bandwidth I deserve to pay more because it costs my ISP more to cater to me..

      Exactly. Meter bandwidth and the whole argument changes to a much saner ground.

      Blocking P2P becomes a non-issue with ISPs if they can charge the filehogs enough to make a profit from them. Especially since if they have to pay most filehogs aren't going to be downloading nearly as much and if seeding actually has a monetary cost it really gets cut back. The p2p problem mostly goes away.

      Then there are the VOIP and Netflix (more generally the Video on Demand) problems. Those also cease to be massive threats to the ISPs business model. Since most ISPs are government monopolies also involved in the video and dialtone markets they do need some regulatory thwacking to make sure they don't compete unfairly. Better still would be splitting the monopoly parts from the dialtone, IP and TV delivery industries from the content/value add. See my earlier post here and many in the past flogging this horse.

      --
      Democrat delenda est
    2. Re:This all hinges on what "Net Neutrality" is. by Anonymous Coward · · Score: 1, Insightful

      How is blocking ports not the practically the same as blocking sites? At least when they advertise "Internet", they should give you the Internet, and not a restricted version of it.

    3. Re:This all hinges on what "Net Neutrality" is. by Beryllium+Sphere(tm) · · Score: 2

      >Nobody is arguing true net neutrality, which is that my ISP is not allowed to regulate what content I receive through the means I have purchased.

      Remember the guy from Verizon who said Google was getting a free ride because Verizon wasn't charging them for the privilege of being accessible to Verizon customers?

      In his desired world, if Google doesn't pay Verizon, guess what happens to your access to Google?

      Verizon is already editing the results you get when you have a DNS failure.

    4. Re:This all hinges on what "Net Neutrality" is. by lavagolemking · · Score: 1

      What if all (1 or 2) of the providers in your area restricted those services or capped your monthly uploads/downloads?

    5. Re:This all hinges on what "Net Neutrality" is. by Jane+Q.+Public · · Score: 5, Insightful

      The problem with that idea is that it hasn't worked elsewhere, and we have no reason to expect it would work any better here.

      I know a statement like this could get me shot at for being a troll, but according to all relevant statistics, the reason the U.S. is currently a third-world country for broadband is because it has been left up to private companies, who continue to price-gouge their customers.

      In the other countries that have better and cheaper broadband than the U.S. (which means most other industrialized nations), it is regulated and there is mandatory leasing of resources like backbone bandwidth so that there is, in fact, some actual competition, unlike what we see here.

      As long as the industries remain unregulated we, the citizens of the U.S., are going to continue to get screwed. The Internet is not a commodity like potatoes that will find its natural price in the market. It is an oligopoly that will never let go of its grip until it is forced to.

    6. Re:This all hinges on what "Net Neutrality" is. by unix1 · · Score: 3, Insightful

      The phrase "net neutrality" has a moderately good chance to become a political term, much like "global warming". Since FCC has been effectively shut out by the courts, at the end it may come down to 2 possible outcomes:

      1. Congress passes a law that regulates ISPs to serve "legal" content in a reasonable way; "political" and "charitable" content may also get a special treatment; they'll probably also mandate some sort of snooping, logging, filtering (or banning), and reporting since RIAA and MPAA will probably "help" draft the bill.

      2. ISPs are not regulated in any significant way - they have special deals with high-bandwidth high profile providers; this is likely to negatively affect competition since the upstart "small guy" with great ideas, in addition to his bandwidth and hosting, now has to pay ISPs nationwide (maybe worldwide) to deliver his content and fight against the established "big guys" who may, in turn, try to coerce those same ISPs to keep the little guys from competing.

      Hmm... which one to support...

    7. Re:This all hinges on what "Net Neutrality" is. by GiveBenADollar · · Score: 0

      Blocking ports limits the services I can use. Blocking sites limits the content I can view. If you can give an example where an ISP cutting off ports limits your ability to view the Internet then please do so, otherwise you are just saying that you want to do things under your Internet plan that your ISP does not want you to do. If that is the case, get another plan or another ISP.

    8. Re:This all hinges on what "Net Neutrality" is. by webheaded · · Score: 2, Insightful

      Except you forget the part where the peak amount of bandwidth usage is the only actual factor that matters. It doesn't matter one bit how much bandwidth I use per month...it only matters how many people are using it at a time. The whole $/gb model doesn't even make sense. It's based upon a bunch of greedy bullshit. The ISPs don't seem to have any issues upgrading their infrastructure with the 100's of millions of dollars they make not to mention they built that infrastructure with our tax dollars. I might be sympathetic if they weren't putting absurdly low limits on this kind of stuff. My friend in Canada has to limit the games he downloads and buys from Steam because of the bandwidth limits...that's kind of retarded. This seems to be a fairly regular activity these days along with streaming movies and watching Youtube. I don't really think that all those bandwidth hogs are really going to be seen as that for much longer.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
    9. Re:This all hinges on what "Net Neutrality" is. by GiveBenADollar · · Score: 1

      Yup. And due to market forces, guess what happens to Verizon.

    10. Re:This all hinges on what "Net Neutrality" is. by GiveBenADollar · · Score: 1

      Then they do not have the infrastructure to provide the services/bandwidth you want. If they did they would be willing to sell it to you. Most small town ISPs have very limited connections due to their location. The only thing uncapping/unlimiting would do is clog what little bandwidth is available. It's not like they have infinitely wide tubes that they just throttle down to be mean. If you don't believe me, then find out how much it would cost to get a T-1 line to your house, you can really get one anywhere if you are willing to pay.

    11. Re:This all hinges on what "Net Neutrality" is. by Anonymous Coward · · Score: 0

      Why doesn't Verizon build a search engine then? I guess they would rather cry about how their technology is helping someone without them making any money from it?

      Google helps to make the internet more attractive to consumers. Are they billing ISPs and wireless carriers for their efforts? Last I checked they were not...

    12. Re:This all hinges on what "Net Neutrality" is. by jd · · Score: 4, Insightful

      The ISP doesn't pay more, the ISP has a fixed pipe for a fixed cost from their ISP, and so on up the chain. At the top of the chain, the backbones have a peering agreement at either fixed cost or no cost.

      The pyramid works because the cost of the pipe is 99.9% the cost of installation, with 99% of the installation that will ever need to be done already done (via the existing telephone networks, cable networks, used fiber and dark fiber). The only actual cost to the providers is that 0.1% for maintenance. The cost of heating the buildings that the staff are in and cooling the server rooms the ISP's equipment is in, vastly exceeds the cost of actually providing the service. And that cost is fixed, regardless of how many customers there are or how much bandwidth they want.

      Secondly, you are using an inherently unreliable network, NOT a commercial-grade MPLS tunnel. Even there, the same rule applies. A fixed pipe for a fixed cost. The cost is higher than regular rates, but the format is identical. If they want to scrap the regular scheme and move to a guaranteed service system, then price accordingly. I don't think anyone would dispute that. But metering merely works to obscure the real costs and the real service. You paying for a packet you send to the ISP, when you have no guarantee they will ever forward that packet to their provider OR that it'll ever make it to the destination OR that the reply will make it back to you -- it's about the same as paying the full price for a return train ticket in the knowledge that you can be kicked off that train at any time to make way for someone else with no possibility of a refund, a change of heart or a new ticket. If you wouldn't accept that for the train, then why are you so willing to accept the same crappy treatment of anyone else?

      It is because people accept crappy treatment that most services today - be it the Internet, the phone networks, television, or whatever - are all crap. Don't add to the crap that you'll take from others, for goodness sakes!

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    13. Re:This all hinges on what "Net Neutrality" is. by Anonymous Coward · · Score: 2, Informative

      The function of the Internet is to transmit content, it always has been. Therefore, if your ISP blocks ports, it blocks content. You might be lucky and that protocol can be represented on the Web, like with Usenet and Google Groups. However, that is not always the case. When my ISP blocks Skype, I can no longer access content (i.e. voice data or chat messages) via Skype. When my ISP blocks Bittorrent, I cannot access content that is on Bittorrent, like the songs from artists on my favourite netlabel.

      The Internet is not the web. The Internet is TCP/IP access to the largest network of computers on the planet.

    14. Re:This all hinges on what "Net Neutrality" is. by nurb432 · · Score: 4, Insightful

      I don't care if they block ports on some plans, or limit my connectivity in other ways so long as they are not blocking sites or CHANGING the content before I receive it.

      Right there folks is why we have lost our freedom. Its either all or nothing, and you cant have 'just beacuse it doesn't effect me ( today ) i don't care. You need to care from the start.

      "Then there was no one to say no when it got to me"

      --
      ---- Booth was a patriot ----
    15. Re:This all hinges on what "Net Neutrality" is. by jmorris42 · · Score: 3, Insightful

      > The ISP doesn't pay more, the ISP has a fixed pipe for a fixed cost from their ISP, and so on up the chain.
      > At the top of the chain, the backbones have a peering agreement at either fixed cost or no cost.

      Despite your low UID it is clear you don't know shit about the Internet game. Lemme break it down for you.

      Imagine you are a cable company in a small rural town of 10,000 and for some reason are just now adding Internet service. So you have installed a fiber backbone in town and some boxes on the poles to segment the town into a dozen segments. You just paid one Metric Shitload for a 1GB fiber from your plant to an upstream provider. Now you are ready for customers. 10Mb service for $50 sounds in the ballpark so you advertise it. The first batch of customners are raving filehogs. 10Mb per customer for 100 customers... your pipe is running at capacity.... or would be if you could actually deliver that to them with the segments you put in place. So after adding a lot more segments you have em all happy. And your outbound pipe is running at 100%. So when the next 100 customers show up you have some decisions to make.

      1. Just oversubscribe em until everyone complains.

      2. Buy a bigger pipe. But that is just losing money at a faster rate because the $50 monthly charge x 100 isn't even in the same ballpark as just the 1MS (Metric Shitload) you are paying for bandwidth and you have to maintain the rest of the plant, pay the bank note on the original hardware investment, pay tech support, etc.

      3. Cap their asses.

      The current 'unlimited' retail Internet only works if you can oversubscribe and that is only possible if the filehogs are a small minority of users. Netflix, YouTube and other bandwidth eating apps are quickly changing that assumption.

      --
      Democrat delenda est
    16. Re:This all hinges on what "Net Neutrality" is. by hedwards · · Score: 1

      Unlimited connections areultimately a good thing, unlimited anything is really a good thing, that's the primary driver of technology. If you can solve your bandwidth problems by capping and shaping that tends to stifle innovation. For instance look at Backblaze, they wanted to be truly flat rate at $5 a month so they had to design there own storage pods and software back end to keep up with the demand. Admittedly it's not a panacea, but it does go a long way.

    17. Re:This all hinges on what "Net Neutrality" is. by GiveBenADollar · · Score: 1

      Drinking your morning coffee while waiting for slashdot to load because your next door neighbor is downloading 100gb of adult entertainment is not ultimately a good thing.

    18. Re:This all hinges on what "Net Neutrality" is. by pspahn · · Score: 1

      Ah, the crux of the entire argument. Of course, it depends on the frame of reference. If the guy downloading 100GB of porn is saving money and avoiding litigation because he can get his jollies without having to waste money at strip clubs, truck stops, and his nearby school, well that is a good thing for him.

      Liberty is only liberty as long as you don't infringe on the liberty of others. In this case, he is infringing on your liberty to read things, send mean messages, or generally do whatever it is you do when you visit /. while slurping down joe. But why is it necessarily his fault? He's just panking some wud.

      Personally, I like my unlimited DSL connection as well as my unlimited mobile connection. I don't download 100GB of porn on it, I imagine I would end up with some really gross things if I did. For less than $150/mo, I have access to all the internet I want, at speeds I find acceptable.

      --
      Someone flopped a steamer in the gene pool.
    19. Re:This all hinges on what "Net Neutrality" is. by Freddybear · · Score: 1

      Because regulators are all angels of benevolence who could never be suspected of colluding with powerful and influential industries which contribute to equally powerful and influential politicians?

    20. Re:This all hinges on what "Net Neutrality" is. by Anonymous Coward · · Score: 2, Insightful

      You're talking about speed and parent is talking about bandwidth available.

      maybe traffic shape and throttle.

    21. Re:This all hinges on what "Net Neutrality" is. by bky1701 · · Score: 2, Insightful

      Yet somehow, the rest of the world is still better off, even though they have so many more regulations. I wonder - should we go right for the root cause and stop letting politicians be bought by the highest bidder? That might help a little.

    22. Re:This all hinges on what "Net Neutrality" is. by TubeSteak · · Score: 1

      You paying for a packet you send to the ISP, when you have no guarantee they will ever forward that packet to their provider OR that it'll ever make it to the destination OR that the reply will make it back to you -- it's about the same as paying the full price for a return train ticket in the knowledge that you can be kicked off that train at any time to make way for someone else with no possibility of a refund, a change of heart or a new ticket. If you wouldn't accept that for the train, then why are you so willing to accept the same crappy treatment of anyone else?

      Ummmm.... News Flash: Hotels, airlines, your doctor's office, restaurants, car rental agencies, etc etc etc will overbook their services.

      When you read the fine print, most of the services we pay for is a "best effort" promise, not a guarantee.

      --
      [Fuck Beta]
      o0t!
    23. Re:This all hinges on what "Net Neutrality" is. by bky1701 · · Score: 2, Insightful

      "All or nothing" means anarchy or totalitarianism. I'd say it's a false dichotomy. The problem isn't that people don't understand "it's all or nothing" (because it's not), but that people are apathetic to any problem that isn't theirs. In the US especially, we only care about our own problems and yet are very easily manipulated to intrude on other people's private lives. It is perfectly acceptable to cry about how your freedoms are being somehow harmed ("oh god they're removing my freedom of religion by separating church and state!") while mounting crusades against the freedoms of others ("gays don't deserve to be married, it'll harm us all!"). When it comes right down to it, the problem America has is ultimately a total lack of perspective on anything, even our own opinions.

    24. Re:This all hinges on what "Net Neutrality" is. by sixsixtysix · · Score: 1

      meter bandwidth? so, like double-tiering? fuck that. tier it by connection speed or by data consumption, but not both. that is just asking for some ricin.

      --
      ...
    25. Re:This all hinges on what "Net Neutrality" is. by Freddybear · · Score: 1

      I do not believe that the rest of the world is better off for being more heavily regulated than the US, nor do I believe that it is even remotely possible to prevent politicians from being bought and sold.

    26. Re:This all hinges on what "Net Neutrality" is. by Jane+Q.+Public · · Score: 1

      You're getting off track, guys. The issue at hand was regulation of telecommunications services, not just any business. And no matter how you look at it, logically Internet Provider is a telecommunications service. The only reason they aren't already regulated as such was because of corporate lobbying to make them an exception.

      The fact is that there are certain operations that lend themselves to what are often called "natural monopolies". That is to say, they work best when there are only one or a few, and they are strongly regulated by government. Like it or not, land-line telephone service worked best when it was controlled essentially by one large, heavily regulated entity. (Telephone hardware was quite another matter and there was not supposed to be a monopoly on that.) Unfortunately it was the hardware issue, not service, that got our one standard "provider" broken up.

      When other nations were struggling with multiple incompatible telephone systems, the US was cruising along with arguably the best system in the world at the time. Granted, it was not as cheap as some would like but it was cheaper overall than most of the privately-run telcos elsewhere. And it worked better. And it was universal throughout the country.

      Internet service should be a common-carrier operation like telephones. Then, net neutrality is a given. Carriers are forbidden to meddle with the content of what they carry. Period. And unlimited service was partly a consequence of that. It is hard to meter service (except strictly by time or total packet count) unless you somehow monitor the content.

    27. Re:This all hinges on what "Net Neutrality" is. by j+h+woodyatt · · Score: 2, Funny

      Awesome. It's a battle-royale of the low UID players! (For the record, I side with jmorris42 here.)

      --
      jhw
    28. Re:This all hinges on what "Net Neutrality" is. by The+Lesser+Powered+O · · Score: 5, Insightful

      People keep forgetting that networking is a layered service.

      Access methods (DSL, Cable, Fiber, Wireless) shouldn't determine the ISP -- they should simply be means
      to *get* to an ISP. That way, I can switch ISPs whenever one starts acting in a way I don't like. It used to
      work well with dial-up -- you could have *several* ISPs from one phone line. There's no technical reason we
      can't go back to such a situation.

      Go down a layer. Let's have the regulations guarantee *packet* delivery. Whoever owns the fiber/copper/wireless
      infrastructure can have a neutral packet delivery service. Pay them for a point to point conenction to any of a multitude
      of ISPs.

      That's a network neutrality plan I can live with...

    29. Re:This all hinges on what "Net Neutrality" is. by myspace-cn · · Score: 0

      I'll allow you to separate "internet" from "web."

      As long as we understand Paid, "Internet access" is all 64K ports available on TCPIP/UDP/IPX and all the other net protocols connected to others of like kind at a given rate of speed. Otherwise your telling me I am getting a bunch of extra packets for free, which is of course complete horse-pucky.

    30. Re:This all hinges on what "Net Neutrality" is. by Freddybear · · Score: 1

      The Telecommunications Act of 1996 makes a distinction in law between internet providers and telecommunications services.

      http://en.wikipedia.org/wiki/Telecommunications_Act_of_1996

      Congress can, of course, change the law, but beware of what you wish for, because Congress is much more influenced by those eeeevil corporate lobbyists than they are by utopian platitudes.

    31. Re:This all hinges on what "Net Neutrality" is. by GiveBenADollar · · Score: 1

      Right, because I should be able to order something called Internet. It should be the Internet, all of it, however much bandwidth I choose to use, and it should be one low price. Yes ISPs do charge more to have unrestricted access, but it also means the user is probably using more bandwidth. If they were charging sanely by ammount uploaded/downloaded then this would be a reasonable thing to ask of them. As it is now, I do understand why my ISP will not let me run a web server from home unless I pay the commercial rate. Acting like this is some kind of corporate conspiracy doesn't solve the basic problem. ISPs pay for a set ammount of bandwidth and then distribute the cost among the users. If you think you can do better then start your own ISP. Otherwise stop acting like bit-torrent/web servers are basic Internet rights. If you want more pay more.

    32. Re:This all hinges on what "Net Neutrality" is. by Anonymous Coward · · Score: 0

      Ah, the lalalala I can't hear you school of thought.

      http://www.nbr.co.nz/opinion/chris-keall/average-nz-internet-speed-just-297mbits-akamai

      There's the US down in 22nd. You might not believe in it, but the US lags behind nations such as Sweden and Denmark, which are well known for government intervention.

    33. Re:This all hinges on what "Net Neutrality" is. by Tetsujin · · Score: 1

      Yup. And due to market forces, guess what happens to Verizon.

      They get my business because they're still better than Comcast?

      Or, if we're talking wireless - they go on doing what they're doing and I remain tied to their service by my contract and by the fact that my phone is programmed not to work with any other carrier?

      --
      Bow-ties are cool.
    34. Re:This all hinges on what "Net Neutrality" is. by Patch86 · · Score: 1

      I do not believe that the rest of the world is better off for being more heavily regulated than the US, nor do I believe that it is even remotely possible to prevent politicians from being bought and sold.

      This must be why China, a country with more draconian, neo-Leninist regulations than Wikipedia would care to document, is now the second largest economy in the world, and is due to overtake the US in mere years.

      Admitedly their softened approach did appear to kick start things (apparently being a complete political police state isn't condusive to world trade), but they're still more regulated that anywhere in the western world, with huge swathes of nationalised industry, and it doesn't appear to be doing them any harm economically.

    35. Re:This all hinges on what "Net Neutrality" is. by nurb432 · · Score: 1

      "All or nothing" was in the context of the story, either your data is free ( and thus your freedom ) to pass without it being selectively molested due to some back room deal, or it isn't. I really don't see any 'grey' area in this particular issue. However, that said, i do lean towards complete anarchy as a fundamental philosophy, and you wont see me subscribing to the hypocritical examples you have, as I'm pretty consistent about peoples freedom. ( sure, many are, but i strive not to be, getting back to the 'all or nothing' mentality :) )

      --
      ---- Booth was a patriot ----
    36. Re:This all hinges on what "Net Neutrality" is. by nurb432 · · Score: 1

      The real discussion was more about selective restrictions based on backroom corporate deals, not paying a bit more for a bit more bandwidth if you use it. It should really be one flat rate for all types of use with a reasonable bandwith limit.

      And yes, it should be about a generic connection and i should be able to run ANY service i want. What does that have to do with squeezing others? It doesn't. How much its used can, but not what it is. Much like the roads ( yes, i know one is public and one isn't, but stick with me ) where you can pack what you want in your car or bring stuff back from your trip as you please, but the upper speed limit is restricted. If you pack too many pretty rocks on the return trip, you have to leave grandma behind, but its your car, your choice as long as you don't have stuff falling out or go to fast.

      Why is it so easy for people today to say 'sure, restrict the other guy since i don't do that'? bunch of self-centered hypocrites.

      --
      ---- Booth was a patriot ----
    37. Re:This all hinges on what "Net Neutrality" is. by Freddybear · · Score: 1

      It couldn't be that China has five times the number of people and works them like slaves for wages that American unions would have heart attacks over?

    38. Re:This all hinges on what "Net Neutrality" is. by Anonymous Coward · · Score: 0

      To be a political term, you need the voting base to know what 'net neutrality' is, and I don't think that is currently the case. It doesn't help when electronically-challenged Senators (looking at McCain) purport misleadingly-named bills such as the 'Internet Freedom Act', protecting the 'freedom' of corporations to control their own pipes.

    39. Re:This all hinges on what "Net Neutrality" is. by jd · · Score: 1

      Despite your low UID, I see you're unfamiliar with:

      • HFSC
      • DiffServ and IntServ
      • CBQ
      • ECN
      • BLACK
      • PURPLE

      (QoS isn't a violation of network neutrality, provided all users experience identical QoS.)

      Let's take ECN. User X has an app that demands bandwidth at the expense of others. ECN offers the application the choice of cutting back or being squelched. But it doesn't matter who happens to be X on any given day. If every single person in the area made that same excessive demand, every single person would experience the same consequence. No "pay-as-you-play".

      Ok, what about BLACK and PURPLE? They are packet-dropping schemes analogous to RED and BLUE (what is it with packet-dropping and colours?) but designed to work in the case of unresponsive streaming traffic. Seems to describe your case fairly well. The streams are gracefully degraded so that the level of service any user gets is the level of service that can be comfortably supported at that time. That means those bandwidth hogs will be fine off-peak but will have to play fair during peak. Again, without respect to who those hogs are at any given time. Everyone gets the same experience and the same constraints.

      Is it catastrophic if these sorts of features (that are available - don't go crying to the developers if the ISPs don't use what they have) are not being utilized? Nah. Not really. Early cable ISPs all used heavily shared lines with no level of service guarantee. Some still do. If the users were that bothered by the experience, the market forces would encourage more DSL providers to open up. Many early DSL providers died out precisely because the heavily shared lines were just fine for most users.

      Ok, but the people pay for such-and-such bandwidth, right? Wrong. They pay for a pipe of that amount, that is all. The ISP could, if they so wished, provide some sort of ubiquitous level of service guarantee. Easy enough to do - they set their CBQ up to provide service such that if the maximum number of users supportable all connected at once, no user could push more than this universally guaranteed minimum service. Or you could have the routers provide one narrow pipe at the guaranteed level of service and a second pipe at the remaining total pipe space. The router can then load-balance between the two. The router at the ISP's end then runs a virtual circuit that pools the non-guaranteed pipes of all customers together, then uses CBQ to guarantee each of the guaranteed circuits, with all remaining space thrown open to the non-guaranteed pipe.

      And I'm not even getting warmed up on the sheer number of ways any of this can be done, never mind all the other possibilities.

      And this is how ISP-to-ISP or ISP-to-Business lines work at the moment.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    40. Re:This all hinges on what "Net Neutrality" is. by sjames · · Score: 1

      What SHOULD happen is you offer a 1Mbps commit burstable to 10Mbps or even 0.5 burstable to 10 while pointing out that the competition actually offers only ZERO Mbps burstable to 10. Then you use fair queueing to make sure everyone gets their commit and don't worry about it. That way you actually give everyone what you promised and have $100,000/month to pay for your gig pipe and pay off the note.

      That's hard to do because your competition will lie their asses off and the FTC won't lift a finger to stop them.

      3. Cap their asses.

      That seems a bit extreme!

    41. Re:This all hinges on what "Net Neutrality" is. by sonicmerlin · · Score: 1

      You're siding with a conservative troll who knows next to nothing about internet topology. Sigh...

    42. Re:This all hinges on what "Net Neutrality" is. by j+h+woodyatt · · Score: 1

      I hate siding with conservative know-nothing trolls, but on this one narrow topic, he happens to be on the more correct side of the debate. (I can't say I even follow his reasoning for being on what happens to be the correct side of the debate. It seems pretty muddle-headed to me. However, the point of this debate is that first-mile network operators really do have operating costs that are a function of their number of subscribers and the network resources they consume. Denying that is pretty naïve.)

      --
      jhw
  5. Ideology by Anonymous Coward · · Score: 4, Insightful

    I always wonder why Americans treat regulation as something inherently bad. What is clear is that in the Western world, there are strong positive correlations between the amount of regulation of the economy and societal equality, and societal equality and general happiness. Assuming that the free market is good, and therefore regulation is bad, however, is a purely ideological stance.

    While I understand that treating the government with suspicion is a healthy attitude that makes degeneration into tyranny less likely, but that is more an argument for government transparency, not for generally keeping the government out of things.

    1. Re:Ideology by Jane+Q.+Public · · Score: 2, Insightful

      One of the reasons it is "automatically" considered to be bad is that much of it is illegal. Like it or not, our government does not have Constitutional authority to carry out much of the regulation it already does, much less what it wants to do.

      If people don't like that, they can always change the Constitution. But as long as the Constitution remains as it is, government regulation is bad, to the extent that it is extra-legal. Which means almost all of it, on the Federal level.

    2. Re:Ideology by Anonymous Coward · · Score: 0

      If that were the case, the Supreme Court could take care of it. It quite obviously doesn't. What is constitutional is what the Supreme Court decides is consitutional, that's how the system is set up.

    3. Re:Ideology by Jane+Q.+Public · · Score: 5, Informative

      "What is constitutional is what the Supreme Court decides is consitutional, that's how the system is set up."

      This is a very common misconception, and it is common because that's what they want you to think. But in fact, that is not the way it was set up at all. During the Constitutional convention, something called The Virginia Plan was proposed. That plan called for putting into the Constitution language such that the Federal government could override state law whenever the two conflicted. That plan was overwhelmingly voted down. After the Constitution was drawn up, before the States would ratify it they called for reassurance that the Federal government would only have power over those 18 things, and that all other power was left to the states and to the people. The Supreme Court can declare that certain things are un-Constitutional, but it is not the final arbiter of what is Constitutional. Only the States are empowered to do that.

      (1) The Federal government only has legal authority over the 17 (some say 18) enumerated powers that are specifically listed in the Constitution in Article 1, Section 8. Everything else belongs to the States and to the people.

      (2) NO branch of the Federal Government, including the Supreme Court, was given authority to decide what the Federal Government may or may not do. That power was left to the States themselves. Allowing the Federal government decide what its own powers may be is called "putting the foxes in charge of the henhouse", and the Founding Fathers were much too smart for that. Want proof?

      "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated." -- Thomas Jefferson

      "If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress. ... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America." -- James Madison

      "...the government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government." -- James Madison

      "[T]he government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself." -- Thomas Jefferson, about the U.S. Constitution [emphasis mine]

      "Our country is too large to have all its affairs directed by a single government. Public servants at such a distance, and from under the eye of their constituents, must, from the circumstance of distance, be unable to administer and overlook all the details necessary for the good government of the citizens; and the same circumstance, by rendering detection impossible to their constituents, will invite public agents to corruption, plunder and waste." -Thomas Jefferson to Gideon Granger, 1800.

      "I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.' To take a single step beyond the boundaries thus specifically drawn around the powers of Congress, is to take possessio

    4. Re:Ideology by pspahn · · Score: 1

      I always wonder why Americans treat regulation as something inherently bad.

      Blame King George.

      --
      Someone flopped a steamer in the gene pool.
    5. Re:Ideology by Anonymous Coward · · Score: 0

      The Supreme Court can declare that certain things are un-Constitutional, but it is not the final arbiter of what is Constitutional.

      Same thing. Apparently all those regulations that you claim are illegal, i.e. unconstitutional, are not. Other federal states, like Germany have the same concept of the federal government being only in charge of specific issues, and the rest being the states' responsibility, yet the federal government can regulate businesses nation-wide, as can the American federal government where it concerns interstate commerce (and the Internet undoubtably does).

      Just because the states have the final say about what the constitution is by means of having to ratify changes to it, that doesn't mean that the Supreme Court not ruling something unconstitutional is meaningless. Indeed, it means that the law in question remains in place, and legally so.

    6. Re:Ideology by ScrewMaster · · Score: 1

      Indeed, it means that the law in question remains in place, and legally so.

      No, it just means the law in question remains in place.

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:Ideology by Anonymous Coward · · Score: 0

      Since in that case the constitution doesn't provide a way for the states to remove the law, except for changing the constitution, we can assume that it remains in place legally. "The states are the authority over what is constitutional, the founders made it so" makes for nice rhetoric, but in reality, the decision of the Supreme Court counts, and that is how it is set up in the constitution.

    8. Re:Ideology by Anonymous Coward · · Score: 0

      Regulation is actually what is necessary to have a free market in the first place. The natural state of capitalism is a single-mega-conglomerate. That conglomerate then simply becomes the shadow government => dictatorship.

      Regulation,
          * preventing monopolies from leveraging their monopolies to gain new monopolies,
          * breaking up monopolies if they prove unwilling or unable to accept competition,

      That's what regulation does. It prevents a monopoly from consolidating. For example, Microsoft could have easily used its monopoly on the desktop to crush Apple, Linux and any UNIX out there. Yet, they are prevented from doing so because they were deemed a monopoly. Without regulation, Microsoft would be the internet, and it would not have mattered if they were late or ahead of the curve. They could have easily levered their monopoly of the operating system to kill any competitor on the Internet.

      But yes, Americans are completely retarded what the definition of regulation even is.

    9. Re:Ideology by TubeSteak · · Score: 1

      One of the reasons it is "automatically" considered to be bad is that much of it is illegal. Like it or not, our government does not have Constitutional authority to carry out much of the regulation it already does, much less what it wants to do.
      ...
      Which means almost all of it, on the Federal level.

      [Citation Needed]
      If you prefer, we can go back to the good old days when monopolies ran wild and stock market crashes happend at least once a decade.

      /Food safety? Not in my unregulated society!

      --
      [Fuck Beta]
      o0t!
    10. Re:Ideology by Jane+Q.+Public · · Score: 1
      Citations given in another comment below.

      If you prefer, we can go back to the good old days when monopolies ran wild and stock market crashes happend at least once a decade.

      You mean rather than every 5 or 6 years, like now?

    11. Re:Ideology by Jane+Q.+Public · · Score: 1

      I will also point out that you left the most important part out of that quote: the people have the power to change the Constitution if it displeases them. If they want to change the Constitution, and give the Federal government legal authority to regulate what it wants to regulate, fine. But they haven't done that.

      Until they do, if you support extra-legal government regulation, then technically you are no more than a criminal. Expect me to treat you like one.

    12. Re:Ideology by myspace-cn · · Score: 0

      Authority is actually what's being used to destroy the Constitution.

    13. Re:Ideology by Anonymous Coward · · Score: 0

      What is clear is that in the Western world, there are strong positive correlations between the amount of regulation of the economy and societal equality, and societal equality and general happiness.

      Yes, higher regulations work in places that are already homogeneous - see also Scandinavia and northwestern Europe. It fails in the Mediterranean areas, and that theory is completely blown out of the water in the Baltic states.

      I don't necessarily object to broadband regulation, but as a blanket panacea for what ails the US? Poppycock.

    14. Re:Ideology by NeutronCowboy · · Score: 1

      One of the reasons it is "automatically" considered to be bad is that much of it is illegal. Like it or not, our government does not have Constitutional authority to carry out much of the regulation it already does, much less what it wants to do.

      Ah, yes. The famous legal mind Jane Q. Public has solved the constitutional problem of what the constitution exactly means. All constitutional professors can retire, constitutional lawyers can find a second job as lobbyists, and the Supreme Court can play basketball for the rest of their terms.

      Anytime someone says something like this, I hear "activist judge" and lump them into the category of people who think that they are the center and the reason of the world.

      --
      Those who can, do. Those who can't, sue.
    15. Re:Ideology by mbius · · Score: 1

      I always wonder why Americans treat regulation as something inherently bad.

      Have you seen the assholes doing the "regulating?"

      What is clear

      This phrase may as well read "bullshit ahoy." (To whom?)

      is that in the Western world, there are strong positive correlations

      [is a single correlation]

      between the amount of regulation of the economy and societal equality

      Define both terms. With "regulation," you refer to this entity: a contradictory labyrinth of so-called rules, written vaguely, enforced arbitrarily, and interpreted politically. If you cannot disagree with this assessment of reality, it should be obvious "societal equality" is a chimera.

      Once you concede the "regulators" are, in fact, a bunch of bastards too, it's only reasonable to examine the forces at work: could I replace them with lesser bastards? If not, why?

      The underlying morality is this:

      The character of some people is to work hard, in order to achieve their vision of an improved world.

      The character of lesser people is to draw an income for bullshitting, more or less swindled from the bullshitee.

      It is the character of still others to draw an income under threat of violence, bullshit optional.

      Finally, there are those whose character is to bullshit, and draw an income under threat of violence, and convince you to join their team.

      It seems to me this last personality is the worst imaginable sort, and it happens to define elected rulers precisely. To imagine you, personally, had input into the miserable system these characters have set up, and therefore ought to abide it, is perfectly delusional.

      and societal equality and general happiness.

      Does an individualist still, in the 21st century, have to wheel out the corpse catalogue of every starved "communist" "national experiment" [read: power grab] to put this miserable piss-and-moaning (I only have two iPhones and a 47" flatscreen, and I serve time in an air-conditioned office doing unskilled labor, it's really hard, I want a new SUVVVVVVVVVV!) to bed?

      Assuming that the free market is good, and therefore regulation is bad, however, is a purely ideological stance.

      :fgsfds:

      Suppose you observe politicians and politics (de facto "regulation") are bad.

      Then what?

      While I understand that treating the government with suspicion is a healthy attitude that makes degeneration into tyranny less likely, but that is more an argument for government transparency

      It's hard to formulate an analogy between two radically different sets of concepts, but here goes: say Linus announces The Kernel is no longer open.

      Wait: say it just stops being open, and he won't say why.

      Hmm... Say it quit being open a very long time ago, and if you suggest it was better that way, you're some kind of revolutionist nutball.

      No! Say Microsoft and Apple partner up to eradicate the idea there ever was such a thing as openness, and you'd better get in line, because the hired help don't have any qualms about shooting your dog or daughter.

      "Government transparency" is an oxymoron: we claim the authority to imprison and/or kill you, but we're sure we'd just be delighted with any program you care to run through us, pal!

      Why the hell would anyone pretend to discover, or be surprised, the government is opaque?

      --
      you can have my violent video games when you pry them from my cold, dead hands.
      Prime UID Club
    16. Re:Ideology by selven · · Score: 1

      I always wonder why Americans treat regulation as something inherently bad.

      Because it's morally wrong to deny someone the right to do what he wants with his own property, or to deny someone the right to willingly enter into a contract? Seriously, you'd better give me a damn good reason to implement regulation before we start trampling on people's rights like that.

      And while we're at it, the idea that societal equality and general happiness are good is also a purely ideological stance. It's a stance most people agree with, but there is nothing inherent in the universe that requires it.

    17. Re:Ideology by Tetsujin · · Score: 2, Informative

      And while we're at it, the idea that societal equality and general happiness are good is also a purely ideological stance. It's a stance most people agree with, but there is nothing inherent in the universe that requires it.

      From a purely pragmatic standpoint - keeping the populace reasonably happy is a good way to prevent revolution.

      --
      Bow-ties are cool.
    18. Re:Ideology by Anonymous Coward · · Score: 0

      What I find amazing about the debate over government size / scope in the states is that the debate tends to centre around what the "founders" intended, rather than what experience has taught us and what is required for the future.

      This may be because I'm in a country (UK) where the framers of the constitution (such as it is) were keen on chopping bits off those who disobeyed them and other unsavoury activities, so the laws have changed as the needs of the country have changed. (Not that they're perfect in any way, but it's an imperfect system...)

      Having a reasoned debate about what society actually needs a government to do in cases where the free market is deemed to be "failing" (i.e. producing an outcome which is excessively unbalanced, unfair or otherwise unacceptable) should be based on experience and evidence.
      Trying to decide government policy based on looking backwards and trying to read the minds of people who lived in a very different age just seems a bit strange....

      "Listen, strange women lyin' in ponds distributin' swords is no basis for a system of government. Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony. "
      -- Dennis

    19. Re:Ideology by Guppy06 · · Score: 2, Informative

      /sigh

      "The Virginia Plan was proposed. That plan called for putting into the Constitution language such that the Federal government could override state law whenever the two conflicted."

      No, it was the plan to have the national legislature apportioned by population, giving big states like New York and (wait for it...) Virginia the advantage in lawmaking. It was, predictably, rejected by the smaller states, like Connecticut, who produced the compromise of a bicameral legislature, one chamber apportioned while the other had equal representation.

      "That plan was overwhelmingly voted down."

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

      --Article VI, clause 2, emphasis mine.

      "The Supreme Court can declare that certain things are un-Constitutional, but it is not the final arbiter of what is Constitutional. Only the States are empowered to do that."

      South Carolina called, they want their Nullification Crisis back.

      "NO branch of the Federal Government, including the Supreme Court, was given authority to decide what the Federal Government may or may not do. That power was left to the States themselves."

      Then what, exactly, is the point of Congress? If there's hard-and-fast answers to all possible political questions about what the government can and cannot, will or won't, should and shouldn't do, what's the point of having a deliberative body at all, let alone a deliberative lawmaking body?

      "Allowing the Federal government decide what its own powers may be is called "putting the foxes in charge of the henhouse","

      No, it's called "the political process." And if there is going to be a metaphor involving foxes and henhouses, the fox is the states themselves, whose efforts to cripple the federal government under the Articles of Confederation were the entire catalyst for the Annapolis Convention to begin with.

      "and the Founding Fathers were much too smart for that. Want proof?"

      Can I have a side-order of context with your proof?

      "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated." -- Thomas Jefferson

      First and foremost, TJ wasn't there, he was in France. I likely know more about what happened in Philadelphia than he ever did.

      Secondly, this quote doesn't appear real, but rather a mash-up of two unrelated quotes, one where he expresses his concerns that the "specifically enumerated" powers don't include a national bank (Hamilton disagreed; the bank was his idea), and one where he insists that Congress' ability to "provide for the general welfare" is limited "only" to levying and expending taxes towards that goal.

      "If Congress can employ money indefinitely to the general welfare(...)"--James Madison

      Awfully popular on Tea Party websites (much like the previous manufactured quote), but nobody likes talking about the source. The best I've found is a claim that this was from a debate in the House of Representatives. Y'know, after the ratification, debating what the government can and can't do... i.e. the political process.

      By the way, Jimmy was the primary architect of the Virginia Plan you vilify. Maybe you should look for other people to defend your ideals.

      "...the government of the United States is a definite government(...)" -- James Madison

      This one actually has a verifiable source! Once again, a debate in an already-established House of Representatives. H

    20. Re:Ideology by Anonymous Coward · · Score: 0

      It's not all Americans. It's a certain type of American that has not learned the lessons of history from when we used to exploit children for cheap labor or sell snake oil as a medicinal cure-all. Ah, the free market at its finest. I agree that skepticism of government is usually healthy, but the problem is every non-apathetic American get distracted by issues that don't matter while both political parties strip away their rights one-by-one.

    21. Re:Ideology by Drogo007 · · Score: 1

      Don't kid yourself, States rights went the way of the Dodo when the Union States went along with the federal government's plan to override the other states exercising their rights to withdraw from a "voluntary" union - that cemented the Federal Government as the higher power. Any protestations to the contrary since then have been empty wind and useless wishes.

    22. Re:Ideology by TheSync · · Score: 1

      f you prefer, we can go back to the good old days when monopolies ran wild and stock market crashes happend at least once a decade.

      And stock market crashes haven't happened once a decade when? I seem to remember 1987, 2001, 2008...

      Not to mention bear markets in general - The Dow entered two long downturns in 1970 and 1974; during the latter, it fell nearly 45% to the bottom of a 20-year range.

      The difference between government regulation and business is that you can sell your business position whenever you want to, you have to get 51% of the idiots in the country to get rid of a stupid law.

      Regulations are great when the misbehavior targeted is clear, well-understood, and it is difficult to bring individually judged torts against (food safety falls into that category, proving you got sick from a particular food provider in court is tough).

      Regulations are bad when government has no idea what it is doing or is trying to prevent something that has never happened before, which I'd say is the case of "net neutrality", whatever the heck that is.

    23. Re:Ideology by orthicviper · · Score: 1

      societal equality brought about by bringing the quality of life of the middle and upper classes down, or bringing the lower classes up?

    24. Re:Ideology by Jane+Q.+Public · · Score: 1

      No, it was the plan to have the national legislature apportioned by population, giving big states like New York

      Yes, AND it included provision for direct Federal veto of state laws. Do a little research next time, eh?

      --Article VI, clause 2, emphasis mine.

      Yes, again, BUT... that only applies to the 18 enumerated powers that were given the Federal government. If a state law conflicts with a Federal law in regard to those delegated powers, then yes, the Federal law supersedes. But that clause does not give the Federal government any authority outside the 18 delegated powers. This was discussed in depth in the Federalist Papers and Antifederalist Papers. The Federal government still has no authority over state laws that are not related to the specific 18 delegated powers.

      "South Carolina called, they want their Nullification Crisis back."

      Again, you should do your research. South Carolina backed down ONLY after the tariffs were changed more to their liking. The so-called "nullification crisis" established nothing in regard to precedent. If you want examples of how nullification has been used by various states since that time, research how a number of the Northern states used nullification to reject Fugitive Slave Laws and other legislation. Not to mention more recent examples, like medical marijuana and Real ID. No less than 25 states have passed resolutions and even state Constitutional amendments rejecting the Real ID Act. The Federal government still pretends it's law, but for all practical purposes it's dead in the water.

      "Then what, exactly, is the point of Congress? If there's hard-and-fast answers to all possible political questions about what the government can and cannot, will or won't, should and shouldn't do, what's the point of having a deliberative body at all, let alone a deliberative lawmaking body?"

      Are you serious??? Do you actually think Congress was given the power to determine what Congress (and the rest of the Federal government) has the power to do? If so, you are even more deluded than those who believe that power was given to the Supreme Court. The very idea is outrageous. Note here that the question is not whether Congress can pass laws -- within those 18 areas it is specifically allowed -- but whether they have the power to decide what those areas are. The answer is an emphatic NO and even the Supreme Court will tell you -- has told you -- that.

      "First and foremost, TJ wasn't there, he was in France. I likely know more about what happened in Philadelphia than he ever did."

      He was there later, as you well know, and was actively involved with the early government. I doubt very much that you know more about it than he, since you didn't even know that the Virginia Plan included veto powers.

      "... this quote doesn't appear real, but rather a mash-up of two unrelated quotes..."

      Thomas Jefferson wrote exactly those words in a letter to Albert Gallatin, in 1817. Even if I didn't specifically cite the source, you could have found that out with a mere couple of minutes' effort on Google. You are correct however that he made similar statements against the idea of a national bank.

      The best I've found is a claim that this was from a debate in the House of Representatives.

      Madison said that in a speech to Congress on Feb. 6, 1792. Please explain to me how the fact that it was said after the Constitution was ratified could possibly affect the essential truth of the statement. He wasn't "debating" what the government can and can't do... that was established before the Constitution was ratified. He was reminding Congress that their power was strictly limited by the Constitution. Not a "process", a fact.

      "By the way, Jimmy was the primary architect of the Virginia Plan you vi

    25. Re:Ideology by Jane+Q.+Public · · Score: 1

      Another common misconception. It just ain't so.

      The only legal precedent that was set by the Civil War was that states cannot forcibly secede from the Union. The majority legal opinion today is that they can still have the right to secede if they want. Just not forcibly.

      Several amendments were passed after the war, but they basically did only a few things, most of which were basically already stated in the Constitution anyway, but had, prior to that, often been interpreted differently: (1) Established that slavery was illegal, (2) made it clear that states could not violate Constitutional rights, (3) establish that people, of whatever race or color, were still people and therefore have Constitutional rights.

      Other than those things, nowhere in either legal precedent or the amendments themselves did the scope of the Federal government power change, one whit.

      I know that some of the things I have been writing here are not what we have been taught in school. But some of the things we were taught in school are just plain incorrect.

    26. Re:Ideology by Anonymous Coward · · Score: 0

      I see the old states' rights cry is alive and well. John Calhoun would be proud.

      I could point out that Jefferson wasn't even in the country when the constitution was drafted. He was a staunch states' rights supporter who tried to spin the Constitution his way, despite having nothing to do with it. I could point out that Madison's quotes simply argue for limited federal powers, which have nothing to do with the arbiter of Constitutional issues (hint: 9 guys in black robes).

      I could do these things, but I don't have to. Any traction the states rights' theory may have had died 150 years ago. Digging up its corpse to parade around the town square won't fool anyone. We've all seen Weekend at Bernie's - we know a corpse when we see one. Begone, foul troll!

    27. Re:Ideology by Guppy06 · · Score: 1

      "AND it included provision for direct Federal veto of state laws."

      You strongly implied that the Supremacy Clause was the only provision, and the only reason why it was rejected, when really everything hinged on apportionment. And even then, the entire plan wasn't scrapped, but modified as part of the Connecticut Compromise.

      "Yes, again, BUT... that only applies to the 18 enumerated powers that were given the Federal government."

      Your original words:

      That plan called for putting into the Constitution language such that the Federal government could override state law whenever the two conflicted. That plan was overwhelmingly voted down.

      You made no qualifiers. You stated the Framers overwhelmingly rejected federal supremacy.

      "research how a number of the Northern states used nullification to reject Fugitive Slave Laws and other legislation."

      Found unconstitutional in Prigg v. Pennsylvania. States' unilateral attempts to ignore all federal laws generally was found unconstitutional in Texas v. White. States' attempts to nullify federal integration laws were found unconstitutional in Cooper v. Aaron.

      "Not to mention more recent examples, like medical marijuana"

      Gonzales v. Raich. The US Justice Department's unilateral decision to deprioritize enforcement doesn't mean it has been overturned, let alone nullified by California's actions.

      "No less than 25 states have passed resolutions and even state Constitutional amendments rejecting the Real ID Act."

      State compliance with REAL ID has always been voluntary. Failure to comply simply results in the federal government ceasing to recognize ID issued by those states as valid for very specific purposes, e.g. non-compliant ID can still be used to demonstrate eligibility for employment.

      "No less than 25 states have passed resolutions and even state Constitutional amendments rejecting the Real ID Act."

      Congress' unilateral decision to extend deadlines for a law with voluntary compliance does not affirm a state's right to unilateral nullification of federal compulsion.

      "Do you actually think Congress was given the power to determine what Congress (and the rest of the Federal government) has the power to do?"

      Then I ask again: what is the point of Congress? If there can be no valid debate, why allow debate at all?

      "The answer is an emphatic NO and even the Supreme Court will tell you -- has told you -- that."

      The Supreme Court of the United States has emphatically and explicitly avoided getting involved with political questions, repeatedly stating that the interpretation of various clauses of the federal constitution is best left to the legislature.

      "He was there later,"

      Thomas Jefferson was not at the Annapolis Convention, which called for a new constitution. Thomas Jefferson was not at the Philadelphia Convention, which drafted the constitution. Thomas Jefferson was not in Richmond, or anywhere else in his home commonwealth, or even the United States, when the Virginia General Assembly voted to ratify. He was in Paris for the entire process. When he finally returned, the Constitution had been in force for fifteen months and the First Congress had been sitting for six. He was not there, "later" or otherwise.

      In contrast, John Marshall was in Richmond, serving in the General Assembly, during Virginia's ratification vote. John Marshall was appointed by a duly-elected president, with the advice and consent of a duly-elected Senate, to the position of Chief Justice. So why the hell do some cherry-picked, tangential, personal remarks by an uninvolved Jefferson invalidate Marshall's finding in Marbury v. Madison, that it is the role of the federal courts to determine what is and is not constitutional?

      "Even if I didn't specifically cite the source, you could have foun

    28. Re:Ideology by Guppy06 · · Score: 1

      "The only legal precedent that was set by the Civil War was that states cannot forcibly secede from the Union."

      Texas v. White says they cannot secede unilaterally. Statehood is an act of Congress, and a state cannot unilaterally overturn an act of Congress. The state can ask nicely, or can compel Congress by force of arms, but the deciding factor is Congress' consent (voluntary or otherwise), not the presence violence.

      The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States.

      --Texas v. White

    29. Re:Ideology by Jane+Q.+Public · · Score: 1

      "You strongly implied that the Supremacy Clause was the only provision, and the only reason why it was rejected..."

      No, I didn't. I'm not responsible for your interpreting my words in ways other than their clear intent. Further, your assertion that "everything hinged on apportionment" is blatantly disingenuous, considering that you then go on to explain that there was a compromise. If there was a compromise, then there is no reason that the veto power could not have been left IN that compromise, if it had actually been wanted. You argue against yourself.

      "You stated the Framers overwhelmingly rejected federal supremacy."

      They did. No qualifiers were needed. If they had wanted to leave the supremacy portions in, they easily could have. They did not.

      "Found unconstitutional in Prigg v. Pennsylvania"

      Criminals fleeing across state borders is clearly something that is covered under the powers of the Federal government to regulate interstate affairs. Nice straw-man argument, but it won't wash. As I clearly stated before, issues that fall under the delegated powers are indeed subject to Federal supremacy. There is no contradiction here.

      "States' unilateral attempts to ignore all federal laws generally was found unconstitutional in Texas v. White."

      The issue has nothing to do with "attempts to ignore all federal laws". Jesus, buddy, get a clue. The issue was state nullification of individual Federal laws that States deem to be unconstitutional. Another nice straw-man argument, but that's all it is. Again completely irrelevant.

      "Gonzales v. Raich. The US Justice Department's unilateral decision to deprioritize enforcement doesn't mean it has been overturned, let alone nullified by California's actions."

      You really aren't getting the point here, are you? Have you been paying attention at all? One of the main points was that the Supreme Court can rule all it likes, until it's blue in the face, but it has no authority to itself define the bounds of Federal authority. It never did, despite its own claims that it does. Again, quoth Jefferson: "[T]he government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself." And this is simply a statement of fact. If you would really like me to get other quotes to support this assertion, I will. But expect it to take a couple of days for me to gather them up. But here's the crux of the matter: despite such rulings by the Supreme Court, states have been and are continuing ahead with their own laws and plans anyway, and completely ignoring this blatant overreach and abuse of the commerce clause by the Federal government. This is an example of state nullification. Why do you refuse to see what is in front of your face?

      "State compliance with REAL ID has always been voluntary. Failure to comply simply results in the federal government ceasing to recognize ID issued by those states as valid for very specific purposes, e.g. non-compliant ID can still be used to demonstrate eligibility for employment."

      Except that (1) despite its weasel-wording, the way the Act was written makes it clear that it isn't "voluntary" at all, but coercive. And (2) in practice, they haven't been able to enforce it, because too many states have nullified it. That's the whole point here, guy. Where are you failing to understand? Regardless of what the Federal government has tried to force them to do, states are refusing to comply. As is their right under the Constitution whenever the Federal government oversteps its bounds.

      "Congress' unilateral decision to extend deadlines for a law with voluntary compliance does not affirm a state's right to unilateral nullification of federal compulsion."

      The only reason they "extended" it is because t

    30. Re:Ideology by Jane+Q.+Public · · Score: 1

      As I have explained to you elsewhere Guppy06, Texas v. White is irrelevant. The Supreme Court does not have Constitutional authority to make that decision. For SCOTUS to rule otherwise is nothing more than the Federal government trying to decide for itself what the Federal government can do. That is not what the Constitution says, and that is not what the states were GUARANTEED before ratifying it.

    31. Re:Ideology by sonicmerlin · · Score: 1

      I have to say, after reading this entire argument, you Jane Q. are a complete moron. What was that saying about education simply making idiots more articulate? Whatever it was exactly, you certainly fit the bill.

    32. Re:Ideology by sonicmerlin · · Score: 1

      As he explained to you previously, your entire understanding of the Constitution is twisted by your biases. Evidence presented to you is ignored with a hand wave. What a pathological ignoramus you have become.

    33. Re:Ideology by Jane+Q.+Public · · Score: 1

      Bias? What "evidence" was presented that I did not successfully refute? Please be specific. I am curious to know what you think it is.

    34. Re:Ideology by Jane+Q.+Public · · Score: 1

      Please, give reasons for your opinion. Can you successfully refute my statements, with evidence? Because my statements are backed by hard historical evidence. If you can't, then who's the moron?

      It's easy to make such statements. Much harder to back them up. Back them up if you can. Otherwise you, too, are just wasting my time. And everyone else's.

  6. Fix the link by Anonymous Coward · · Score: 0

    The link goes straight to page two and you only see 3 or the 7 items.

    Or fix the title, I don't care...

  7. My take on Net Neutrality by Anonymous Coward · · Score: 0, Interesting

    I don't want to talk about Net Neutrality anymore. NN is so obviously the right thing that to argue the other side.
    you'd have to be a drooling greedy evil ISP provider or a dumb as rocks "what is this internets thing you speak of?" fox news watching troll.

    I don't want to talk about Net Neutrality anymore. I simply want to know where to show up with the rocks and pitchforks.

    d

  8. This Is an Issue for VoIP by anthm · · Score: 1

    We work on an open source softswitch called FreeSWITCH http://www.freeswitch.org/
    Blocked ports and content filtering can mess up Voice over IP traffic running on your broadband line which can be used as a free alternative to the "Digital Phone" services many providers offer. Some entire countries already do this type of thing like China for instance. There are ways around it using secure packets so the payload cannot be sniffed and other workarounds but it would be a huge pain if we had to do that inside the US.

  9. What's the difference between threat / menace? by joeflies · · Score: 3, Funny

    Usually the word "OR" is associated with two alternatives. So when the author says "Threat or Menace", I really don't get the point he's trying to make and the distinction between the two.

    1. Re:What's the difference between threat / menace? by socsoc · · Score: 1

      It's quite simple. He's drunk, just like the CSS designer of that site.

    2. Re:What's the difference between threat / menace? by Anonymous Coward · · Score: 0

      You're obviously not a fan of Spiderman comics.

  10. Think about it. by timeaisis · · Score: 1

    Would you prefer the Internet be controlled by Big Government or Big Corporations? The government doesn't care what you think and doesn't care if it looses your business. THINK about it.

    1. Re:Think about it. by pspahn · · Score: 1

      The way I see it, any person arguing the case in favor of NN who also owns stocks, mutual funds, etc of any kind has no place in the argument.

      Corporations work to appease shareholders. Shareholders work to appease themselves, their lifestyle, their trophy wife, or whatever. People want to better themselves financially, so they invest their money in things.

      The reason this is such an issue is that the divide between people who prefer to invest in themselves and the people who prefer to invest in everyone else is so vast. Some people like to have power over their own lives, while others prefer to have their lives sanctioned by a central authority. Maybe one is right and one is wrong, and maybe one group is smaller than the other. What if the group that was right was the minority? Does it still make them right if the majority disagrees?

      --
      Someone flopped a steamer in the gene pool.
    2. Re:Think about it. by selven · · Score: 1

      I prefer it controlled by nobody (ie. distributed mesh networks).

    3. Re:Think about it. by mcgrew · · Score: 1

      The government doesn't care what you think and doesn't care if it looses your business.

      The government always looses business, at least for the last ten years; loosing business is, after all, the reason they've been deregulating everything.

      Monopolies and oligopolies don't care if you buy their product or not; there are more where you came from. But your representative sure wants to be re-elected, and he is the government.

  11. Data only cellular? by zogger · · Score: 1

    Just wondering if there are any "data only" cellular services, that is, you don't get a phone number nor do they provide phone service. I mean that's ALL they have, not a "data plan" from a normal telco, a company that *only* does cellular/mobile data service. I use a WISP, but it isn't cellular, nor mobile capable, the antenna has to be precisely aimed. The radio uses a sim card though...which made me wonder about this.

    Such a cellular ISP, that charged by bandwith consumed plus a modest monthly connectivity fee, might work. It might even exist, I don't know, that's why I am asking.

    As to those other bozos, the regular telcos and ISPs, etc, we need dumb pipes, then content providers. They shouldn't be *both*, that sets up the conflict of interest and it goes downhill from there.

    oblig car analogy, a really bad one, for what these telcos want...

    You have a real cream puff Belchfire Motors Land Dreadnought. Unfortunately, it only gets 1.5 miles to the gallon..so you have to stop a lot and fill up...now it could run on any gas, the engine is capable of it just fine, but as soon as you pull up to a non-Belchfire pump the tank cover locks up, and even if you manage to get some in, it runs like crap ..until you pull up to the Belchfire Motors fueling stations and fill up there. Then it runs perfect. But Belchfire gas costs twice as much. See, you have a consumer choice! According to Belchfire...

    1. Re:Data only cellular? by jmauro · · Score: 1

      You always have channels, whether you use them for voice or data is up to you.

      The issue will be that it's not currently economically feasible to run an all data cell network since the money is currently in voice.

      Don't know if that'll change in the future especially with Clearwire and Sprint's deployment of WiMAX, but right now what you want doesn't exist.

  12. Threat or Menace by Tetsujin · · Score: 1

    It's a reference to an episode of the old (1980s) Teenage Mutant Ninja Turtles cartoon, I think. (I'm sure it was in TMNT but I don't know if it was in something else as well...) In one episode April O'Neil's boss Burne (basically the TMNT TV series' version of Spiderman's J.J. Jameson - the newsroom boss who is determined to make money by publishing/broadcasting stories that cast the heroes of the series in a bad light) proposes that they do a special report called "Teenage Mutant Ninja Turtles: Threat or Menace?" - the false dichotomy there was expressing his prejudice that the TMNT could be nothing but bad.

    --
    Bow-ties are cool.
  13. Re:Threat or Menace - correction? by Tetsujin · · Score: 2, Informative

    Actually, I googled it after posting - I guess "Threat or Menace" was a J.J. Jameson thing (from Spiderman)... If my memory is correct and they really did use it in TMNT, then it must have been a nod to Berne's status as TMNT's version of Jameson...

    --
    Bow-ties are cool.
  14. gwannle tickle cott'nuhdle ninnle by Anonymous Coward · · Score: 0

    Imagine what Ninnle Linux could do for YOU!

  15. thanks for your sacrifice for Open Networks by swschrad · · Score: 1

    if it's exactly the same service, exactly the same data, but only the transmission media or the name on the door differs, it is obscene to treat Entity A differently than Entity Z. period.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  16. Balance = Checkmate of the Evil on both sides by myspace-cn · · Score: 0

    I don't want "premium services" with high cost having authority over the internet, or a death spiral TOS/AUP

    AND

    I don't want FCC mission creep, destroying everything in the end by having authority over the internet, and then passing even more authority based on some BS cyber (sic) war.

    Points
    1._ Keep in mind the FCC has failed their existing mission, and indeed has removed their original mission statement. Why trust them to take more, when they already ignore their engineers working in the public interest, in leiu of selling frequencies willy-nilly regardless of health or safety and instead embrace the back door deal making to set the positions to screw the public. They have FAILED to manage the spectrum in the public interest as it exists NOW.. Until they prove what they have I say no more authority over your and my networks. They already screwed up your and my spectrum.

    2._ Keep in mind it's been awhile since my ISP +Domains +Hosting bills increased. You and I know they will have too with this bankster monetary terrorism destroying us all, ISP and user alike.

    1. Re:Balance = Checkmate of the Evil on both sides by myspace-cn · · Score: 0

      Then again you'll probably mark me troll.

      just so we're clear first, myspace-cn was the account I chose (After my much older account got the password lost) and at the time the reason was because of the hypocrisy over myspace creating myspace-cn (which is now myspace.cn) and no I didn't forget the death threats from china.

  17. Greed by bobbuck · · Score: 1

    You're right. The only way to get greed out of the picture is to bring in the politicians...

    1. Re:Greed by rtb61 · · Score: 1

      It really depends upon 'whose' politicians they are, the people's or vested interests, the exploited or the exploiters, the democrats or the autocrats, the free or the enslavers.

      The reality is not all politicians are equal, some are empty narcissistic talking heads who will say anything or support anything to make a buck, no lie is to big or to ludicrous, as long as they can make a dollar or a hundred thousand of them selling it.

      There are better people out there, pay attention, focus on the truth and the hard troublesome answers.

      Which are the better, man, now that is a tough questions, answer, keep tossing out the fucking rejects until you get reasonable ones, it might take years at a time but fuck mass media, giving up and, let rich arse holes run the system, that doesn't work, I mean that absopostively does not fucking work.

      Just keep trying, time and time again, eventually you will end up with keepers regardless of the stripe, and my god, there have been some fuck heads, Stalin, Mao Tse Tung, Hitler, Bush, Palin, McCain (I know the last few are just jokes but they are just so ludicrously lame).

      --
      Chaos - everything, everywhere, everywhen
    2. Re:Greed by bobbuck · · Score: 1

      So you think we just need an authoritarian government and after enough Stalin's, Mao's, and Hitler's we will eventually get a 'good guy?'

  18. He doesn't want to be "forced" to host at YouTube? by George_Ou · · Score: 3, Informative

    "My personal take on Net Neutrality is that ISPs should treat all packets equally. I do not like the idea of being forced to host all my videos on YouTube or another huge site that can afford to make special deals with broadband providers such as Brighthouse, my local cable TV monopoly, instead of on my friend Joe's Globaltap hosting service."

    Ugh. Nobody "forces" Mr. Miller to host anywhere. He's more than welcome to host his videos at his friend's Joe's Globaltap hosting service, but is he expecting his friend to do this for free or give him some flat rate $5/month service? Does Mr. Miller expect his friend Joe to eat the Internet transit costs of $3 to $10 per Mbps per month which might be thousands of dollars a month for popular content while he free loads off of his friend's hosting service? Is he under the dilusion that all Internet websites operate at the same speed (http://www.digitalsociety.org/2010/07/call-the-net-neutrality-police-dailykos-loads-faster-than-foxnews/)?

    The reality is that only the largest websites like YouTube can afford server transit bandwidth on the Internet and there has always been a toll to deliver content on the Internet. YouTube gives you this bandwidth for free because they value your presence and your content which attracts eyeballs and advertisers. Google loses money but they're making a huge investment gamble on the future.

    Why is it that people lose all reason and sanity when it comes to the commercial Internet which is made up of all private networks and private investment? We can all oppose bad behavior like censorship of content or the blocking of legal applications on bandwidth people paid for, but Net Neutrality insists on going further to outlaw legal and voluntary premium content delivery services.

  19. My $.02 fwiw by Red_Chaos1 · · Score: 2, Interesting

    I see a lot of arguing over what "Net Neutrality" is, and how to define it. Really, I don't think it's very hard at all, and doesn't require a wall of text only the most veteran lawyers can understand. To me, "Net Neutrality" means this:

    Absolutely zero regulation of the internet, or what is sent over it. No blocking, no filtering, no slowing down of traffic, no pandering to higher paying customers. Data is made up of packets, and all packets are equal.

    I don't think this is a toughy by any stretch, and any attempts to over-analyze it or come to any other definition is, IMO, an attempt to create more problems.

  20. Re:He doesn't want to be "forced" to host at YouTu by myspace-cn · · Score: 0

    Frankly in the current discussion we are obviously talking about video. From the patents on the MPEG to everything else and now we need to fight this fight.

    So, why hasn't video bandwidth been made cheap enough for Mr. Miller, or anyone else then? Why isn't the speed flying? You've dug up our streets, and made them crap fun for bicycles, your easement to every frigging private property sign already exists!

    Why is there still dark fiber?

  21. There are no stupid questions by Ranger · · Score: 1

    only stupid people. Actually that's a stupid question. How can anything neutral be a menace?

    --
    "You'll get nothing, and you'll like it!"
    1. Re:There are no stupid questions by Red_Chaos1 · · Score: 1

      Ask someone who was run down by a truck that was on a hill and got bumped into neutral.

      What?

    2. Re:There are no stupid questions by GiveBenADollar · · Score: 2, Insightful

      I decide to have a neutral pay scale group. Your in the group. Unfortunately everyone else in the group is unemployed. Now we will take your money and divide it up equally among everyone in the group. Fair right? Oh no, I'm not in your group. I make the rules so I'm in a different group which is also neutral.

      Net neutrality in my eyes either means that we will have basic freedom of speech rules for Internet access precluding censorship by ISPs or on the other hand that we will have a everybody equal system of connecting where NOBODY will be able to get a better connection because all the bandwidth hogs will be set free. Neutral is in the eye of the beholder, and everyone pushing this issue has something to gain or lose.

    3. Re:There are no stupid questions by Anonymous Coward · · Score: 0

      I love how everyone keeps saying the same phrase, "The bandwidth hogs will be set free". Except that Net Neutrality is not about forcing every customer to have the same bandwidth and speed, but forcing the ISPs to allow every site to give you content as fast as they're able. With Net Neutrality, high-usage customers can and will be capped or blocked. But that cap or block applies equally to all internet activity, not just to certain sites.

      It's the difference between "You downloaded 5TB of 'Linux ISOs', so we've cut your connection for the month" and "After 5MB from pro-Linux sites, we're going to redirect you to Microsoft's site instead. Microsoft's payoffs assure us that's a reasonable policy!" (Granted, I doubt it would be quite so flagrant, but still.)

  22. "Common carrier" status by Animats · · Score: 4, Insightful

    We need a rule that if network connectivity is provided by a company which uses (or is affiliated with a company that uses) public rights-of-way for its cables, or public airwaves for its transmissions, it is a common carrier. All data shippers must receive equal treatment, and the carrier itself cannot compete in the content business.

    We used to have that in the US, and it forced a separation between ISPs and telcos. That was lost somewhere in "telecom deregulation". We need it back.

    Now we have the worst of both worlds - unregulated carriers with monopoly right of way rights.

  23. Aren't they in charge of that? by Anonymous Coward · · Score: 0

    > Adult entertainment.

    I thought the FCC was in charge of that, too, ever since they fined Janet Jackson for putting that ugly thing on her breast instead of baring it all...

  24. One word! by antdude · · Score: 1

    Inception. I wonder how many layers you had. :)

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  25. menace by az-locksmith · · Score: 1

    More of menace.

    1. Re:menace by Tetsujin · · Score: 1

      So like this, then?

      --
      Bow-ties are cool.
  26. Re:He doesn't want to be "forced" to host at YouTu by Tetsujin · · Score: 2, Insightful

    "My personal take on Net Neutrality is that ISPs should treat all packets equally. I do not like the idea of being forced to host all my videos on YouTube or another huge site that can afford to make special deals with broadband providers such as Brighthouse, my local cable TV monopoly, instead of on my friend Joe's Globaltap hosting service."

    Ugh. Nobody "forces" Mr. Miller to host anywhere. He's more than welcome to host his videos at his friend's Joe's Globaltap hosting service, but is he expecting his friend to do this for free or give him some flat rate $5/month service? Does Mr. Miller expect his friend Joe to eat the Internet transit costs of $3 to $10 per Mbps per month which might be thousands of dollars a month for popular content while he free loads off of his friend's hosting service?

    The point being made in the article is that, without good rules in support of net neutrality, ISPs can place artificial limits on the effective throughput of a server per connection over their network. This is different from the server's normal performance limitations, as the ISPs can (and probably will) do this on a discriminatory basis in order to make their affiliated services look better. One could place their video on a server that's quite adequate for the job (and with a connection adequate for their level of traffic) but wind up facing intentional, discriminatory degradation of their content by individual ISPs when customers of those ISPs connect. This is what would "force" people to use a video hosting site like Youtube - in order to host video reliably they would need to either negotiate with all the different ISPs individually to ensure safe passage for their traffic, or else put the video on a site that has addressed this issue already.

    I don't know if this would actually be a problem. I expect (of course I am not sure of this) that the ISPs will only direct this kind of discriminatory traffic filtering in cases where, one way or another, there is money to be made. They'll try to block piracy to encourage people to get videos, etc. via (their affiliated) legitimate channels, and they'll extort money from any high-traffic site with deep pockets (especially competitors). But I doubt they would bother with a small site that happens to have a video or two on it.

    --
    Bow-ties are cool.
  27. Mostly fine, but there IS regulation now by Anonymous Coward · · Score: 0

    Mostly fine, but there IS regulation now it's just that the regulation that was in effect, unlike almost all other laws on the books, have passed their sunset clause. Net Neutrality is merely EXTENDING those laws to the future without a sunset.

    When the internet was growing up, it was regulated.

    Then recently in the USA the regulations went away and the intent at the time the regulations were made was that now would be a good time to see what worked and what didn't in regulation and so craft the right regulation in the light of experience.

    However, this has been spun by the vested interests as being "NEW!!!" regulation. And making up a mythical past where the internet grew without regulation.

    It isn't. It didn't.

  28. How about extending the idea by Anonymous Coward · · Score: 0

    How about extending the idea:

    No gun laws because the government should only regulate in the case of an actual death.

    No traffic laws because the government should only regulate in the case of an actual accident.

    No food safety laws because the government should only regulate in the case of actual death by food poisoning.

    Regulation is there to STOP HARM HAPPENING.

    An oz of prevention is worth a lb of cure.

  29. Real danger is people like him by unity100 · · Score: 3, Insightful

    morons who still cant decide whether we should have net neutrality.

    fish-memory having morons of course. if they had any kind of memory and cognitive ability, they would realize that net neutrality was the de facto rule of internet up to this point, and major reason for its global adoption, public participation of masses, and its eventual success.

    go please, start living in a cave. take your lack of cognition and misconceptions with you.

    1. Re:Real danger is people like him by TheSync · · Score: 1

      if they had any kind of memory and cognitive ability, they would realize that net neutrality was the de facto rule of internet up to this point,

      ISPs have always negotiated carriage agreements. It is up to ISPs if they charge other ISPs bandwidth costs to interconnect, or freely peer. There has NEVER been a federal rule forcing ISPs to exchange traffic, or how to exchange traffic. Sometimes ISPs that though they were "all that" and demanded free peering got cut off (briefly, then their customers complained, and the ISP would have to purchase carriage). That is the true history of the commercial Internet. I was there.

      ISPs had access to per-port and per-application "throttling" technologies way back in the later 1990's. For end-user dial-up and DSL ISPs that only had a DS-3 connection, they often had to limit the amount of FTP or USENET traffic access by their users to keep them from killing everyone else's web experience.

    2. Re:Real danger is people like him by unity100 · · Score: 1

      isps may negotiate carriage agreements with OTHER ISPS. they cannot discriminate against CONTENT on the internet according to its SOURCE. please, dont bullshit.

    3. Re:Real danger is people like him by TheSync · · Score: 1

      isps may negotiate carriage agreements with OTHER ISPS. they cannot discriminate against CONTENT on the internet according to its SOURCE. please, dont bullshit.

      There was a time when government-funded ISPs discriminated against commercial content. And then USENET distribution was filtered in many places to avoid spam or porn.

      I was personally involved in a product that provided Yahoo! Broadcast using satellite multicast to some ISPs. During 9/11, when most unicast video streams were maxed out, our customer ISPs were able to deliver Yahoo! Broadcast multicast streams to their customers. Was that breaking "network neutrality"?

      It is true that there is not much evidence of commercial ISPs filtering typical Web traffic due to content. Generally that is because their customers pay them to have "Internet access", not "less than Internet access". No one has ever been able to make a business out of "less than Internet access", but if someone really wants to buy that (or if a locality wishes to grant a monopoly charter to some local access Internet provider to do so), I guess that is their business.

    4. Re:Real danger is people like him by unity100 · · Score: 1

      it doesnt matter whether there is evidence of commercial isp filtering or not.

      what matters is, REGARDLESS of what is their record before, they cannot be let to be free in discriminating against traffic per source. period.

  30. SPs can't have it both ways by bmullan · · Score: 2, Informative

    Most SPs don't have local competition ... or at least much of it and because of that consumers are stuck with whatever they can get.
    When they can explain how South Korea, Taiwan, Japan etc all have 50-100Mbps edge links to consumers... in the U.S. we seem stuck around 10Mbps. There's really no excuse for this.
    The SPs already discriminate traffic where/when they can... look at Bittorrent traffic. Comcast and others regularly limit torrent traffic.
    If the SPs take it a step further.. what can we expect? Video from Providers NOT affiliated (paying off) your SP may just appear to have crappy video. A VoIP service (skype, etc) may just not have quite the voice quaility it could have because its being QoS throttled by the SP who may have its own voice service.
    With limited competition if Net Neutrality doesn't stand then the U.S. is going to fall further and further behind the rest of the world and the rest of our competition.

    1. Re:SPs can't have it both ways by TheSync · · Score: 1

      When they can explain how South Korea, Taiwan, Japan etc all have 50-100Mbps edge links to consumers... in the U.S. we seem stuck around 10Mbps. There's really no excuse for this.

      The excuse is local loop length. Most countries have built telephone networks with shorter local loops than the US, thus their DSL is 2-3 times as fast. Other places in the US have limited FTTH, and this is being built out in the US (FiOS, where you can get 25Mbps), and of course FTTN is also being built out (FTTN to DSL by AT&T uVerse, FTTN to shared DOCSIS QAM by cable companies). Internetworking bandwidth is a minor cost compared to the local loop costs.

      Comcast is limiting torrent traffic because DOCIS QAM last mile bandwidth is shared between multiple dwellings, and they prefer your neighbors don't get pissed when you hog their bandwidth with your torrents.

      Your local government is free to make it a requirement with their chartered cable and telephone monopolies that they have to invest lots of capital in decreasing loop length or moving to FTTx architectures. Your local voters will laugh at you if you try to push through the required fee increases to achieve this.

      There should be no role for the Federal government in this, as the appropriate strategies need to be determined on a local basis.

  31. Re:He doesn't want to be "forced" to host at YouTu by jonaskoelker · · Score: 1

    but Net Neutrality insists on going further to outlaw legal and voluntary premium content delivery services.

    If power is sufficiently concentrated, it will tend to concentrate more. ISPs form such a concentration. These premium content delivery services are the tool which they use to concentrate power even more.

    I think Net Neutrality proponents are against this concentration of power, and as a side effect are against its mechanism.

    (That's my viewpoint, FWIW: that some organizations have way too much power, and the net would be better if they hadn't, and then I'm all for letting people pay more for faster downloads or whatever; see also rapidshare, fileplanet etc.)

  32. Speculation shouldn't justify regulation by George_Ou · · Score: 1

    Unless you can prove there is too much market power in content delivery (and the evidence suggests otherwise), you can't justify regulation on the basis of speculation. Furthermore, the FCC doesn't really have the power to do this because congress never authorized them to do so and the vast majority of congress opposes FCC's proposed Net Neutrality rules. I mean you have 74 Democrats in Congress plus virtually all of the Republicans opposing this.

  33. You are an adhominem attack using fool by Anonymous Coward · · Score: 0

    "You sir, are un-American." - by PopeRatzo (965947) * on Thursday August 19, @08:04PM (#33309054) Homepage

    See subject above, after that exemplifying quote of yours. Your type of ad hominem attack using/name calling attack is typical of the scumbag online or elsewhere when confronted with something they cannot handle logically with reason. That's right: Now I am calling YOU names, which only serves you right. Fight fire with fire. You're obviously a paid shill working for the RIAA or other "concerned party" here that stands to gain/profit by the misuse of the internet and yes, artists such as musicians and actors. Your type doesn't do a damned thing that involves actual work or creation of these arts. You put up money at best which probably either has blood all over it (e.g. war profiteering) or ruined lives all over it (e.g. drug dealing gains/profits). Do us a favor, and "f off" already with your "you're un-American" bullshit. That might have worked in the McCarthyism era, but it won't wash with an informed public, today.