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House Democrats Shelve Net Neutrality Proposal

crimeandpunishment writes "A compromise on net neutrality appears to be as likely as Google and China becoming BFFs. House Democrats have pulled the plug on efforts to work out a compromise among phone, cable, and Internet companies. House Commerce Committee Chairman Henry Waxman, who shelved the proposal late on Wednesday in the face of Republican opposition, said, 'If Congress can't act, the FCC must,' and called this development 'a loss for consumers.' Internet companies and public interest groups say the new regulations are needed to keep phone and cable companies from playing favorites with traffic, while those companies insist they need flexibility so high-bandwidth applications don't slow down their systems." The net neutrality debate seems to have fallen victim to the extreme polarization evident in the larger political culture.

27 of 221 comments (clear)

  1. My first "bump" where this law could help by cybrthng · · Score: 5, Informative

    As some of you know Xbox Live is getting a cool update called ESPN3. The concept of the app & system is pretty amazing, technology has come a long way to make it so. What you probably didn't know is that to get the deal, Microsoft had to get the ISP's to agree to license the content for Internet Users in order to broadcast ESPN3 over the internet. Not all ISP's bought the license, so not everyone will have ESPN3 - even if you're a Xbox live subscriber.

    This is an area where net neutrality should shine. It should protect Microsoft and allow them to license content to distribute and it should protect consumers to not be held hostage to a carrier paying for content as a middleman. I hope this EPSN3 thing can light the fire under the community so they understand how net neutrality can impact them. I know this isn't the "typical case of concern" in regards to p2p or throttling or priority of services, but this just goes to show that Internet Traffic is already beeing bought and sold not just as a commodity itself but something that people have now had to license in order to push specific traffic over that commodity on as a carrier - not just a distributor.

    With that said, the app is freaking amazing and i don't even like much sports. The fact you can watch scores, hedge on who will win and i'm sititng in my living room watching HD games on demand or live is pretty awesome. I admire comcast for building out the network to support stuff and maybe, that is what the license agreed to but damn, these backroom deals are dissapointing for the consumer and only pollute the fairness & equality of having broadband now into having to chose a carrior that has the right license deals, not just the best performance.

    1. Re:My first "bump" where this law could help by rotide · · Score: 5, Insightful

      As far as I understand it, this ESPN3 issue isn't a choice of MS nor ISPs. This is a choice of Disney/ESPN themselves charging for access to their services. Basically, providers have to pay ESPN for access. If they don't pay ESPN, no ESPN3. This has nothing to do with ISP's deciding what to and not to allow you to see.

    2. Re:My first "bump" where this law could help by Moryath · · Score: 4, Insightful

      Watch it when you mention "backroom deals." Those things are what got us the 1976 copyright extension act, 1998 Mickey Mouse/Sonny Bono Copyright Extension Act, DMCA, DMCA2, ACTA (thankfully not ratified yet but just watch them slip it through in the dead of night).

      We can just bet that the real reason this is being "delayed" is that the Senate right now is busy passing the "Combating Online Infringement and Counterfeits Act" (aka the "Fuck Consumers In The Ass Act") under a "fast-track" by the corrupt party in power (as opposed to the corrupt party OUT of power).

      They want to have the authority to shut down any website they see fit by accusing it of "piracy." Not only that, they want the ability to order US ISP's to "black out" access to overseas websites they accuse of "piracy."

      How long till this starts to be a tool for political repression? Seems the Democrats have taken a page from their funding backers over in China. Maybe in a few years rather than needing Tor to get news out to people inside China, we'll be needing it just to survive the Great Firewall of America...

    3. Re:My first "bump" where this law could help by j0nb0y · · Score: 5, Informative

      There's a separate fee for ESPN3 (previously known as ESPN360). Almost every provider provides ESPN on basic access, so that's not the issue. The issue is that ESPN is charging a PER SUBSCRIBER FEE for a WEBSITE to ISPs. This means that if your provider has ESPN3, you are paying for it, whether you want it or not. ESPN wants to turn the Internet into cable TV. That is the issue.

      --
      If you had super powers, would you use them for good, or for awesome?
    4. Re:My first "bump" where this law could help by j0nb0y · · Score: 5, Informative

      I'll also note that this per subscriber fee is significantly higher for small ISPs. By about a thousand percent... as a result, small ISPs do not carry the service. If you *want* ESPN3, you have to switch to a big carrier, because you cannot buy an individual subscription to the site.

      --
      If you had super powers, would you use them for good, or for awesome?
  2. I'll Say It Again ... by smpoole7 · · Score: 4, Insightful

    It would really, really help if we'd explain to my conservative friends just what "Net Neutrality" is. They are convinced that it's some form of Fairness Doctrine for the Web that will limit content.

    (The fact that such a "fairness doctrine" might limit Mother Jones and Salon just as much as it does FrontPageMag and World Net Daily, depending on the party in power, doesn't seem to occur to them, either.)

    I try to explain to them that it simply means that, if I visit YouTube, I don't want my ISP to limit their bandwidth because Microsoft (or someone else) has paid a premium for priority for *their* bandwidth.

    We geeks have several flaws, and one of them is our love of catchphrases and acronyms. We just *assume* that everyone knows what "free software" and "net neutrality" mean. But when you start dealing with the Body Politick At Large(tm), that's not necessarily so. A few minutes to carefully explain just what we're actually talking about will go a long way ...

    --
    Cogito, igitur comedam pizza.
    1. Re:I'll Say It Again ... by dpilot · · Score: 5, Interesting

      While conservatives may dislike "Net Neutrality" for the reasons you state, I believe they have another reason - an undying faith in "the free market and the ability of players in the free market to come to an optimal solution for all." In other words, "Free market players need to have the maximum flexibility to arrive at market solutions which both maximize profits and deliver optimal solutions." Note that I keep using quotation marks in the prior sentence, and in this case it's not a misuse of "quotation marks," rather it's expressing a position that sounds really neat, but doesn't work that well in practice.

      First off, the "free market" really isn't so free, it's loaded with large players. There have been studies indicating that when 4 or 5 major players have captured something like 80% of the market, it no longer acts like a "free market." According to those studies, even without overt collusion, a market dominated by a few large players starts to act as if there is price-fixing and market restriction happing, just by normal corporate behavior.

      Second, the "free market" never developed anything like the internet, and they had over a decade of failure at it. CompuServe, Prodigy, AOL, The Source, etc are all ashes of the market failure. The only reason AOL has anything like survived is because of the proprietary players it best embraced the internet. The normal corporate behavior these days is to "own the pie" rather than work with others to create a much bigger pie. Oddly enough, they continue to do that even when the cooperative pie is so much bigger that their share is bigger than their full ownership of a private pie.

      Finally, I don't think conservatives understand that sometimes we do better if our actions are limited. They have complete distrust of the limiting agency - ie, the government, and do understand that sometimes their own decisions can be bad, but fail to see that sometimes, the "free market" will fail to correct them, and they fail to appreciate the damage done, while waiting for the marketplace to correct things.

      --
      The living have better things to do than to continue hating the dead.
    2. Re:I'll Say It Again ... by pmontra · · Score: 5, Insightful

      Show your friends this picture http://dvice.com/assets_c/2009/10/net-neutrality-thumb-550xauto-27419.jpg This is what Net Neutrality protects them from.

    3. Re:I'll Say It Again ... by AnonymousClown · · Score: 5, Funny

      ...I don't want my ISP to limit their bandwidth because Microsoft (or someone else) has paid a premium for priority for *their* bandwidth.

      You think that's a better explanation to a conservative?

      Dude. This is how you put it:

      Net Neutrality allows for FREEDOM and it allows for your non-profit CHRISTIAN website to have as much bandwidth as those atheist-secular ones. It allows for your GOD FEARING content to have the same bandwidth as those abortion promoting god-less family planning websites! It will also allow you to track what the GOVERNMENT is doing because voting against NET NEUTRALITY is falling right into the government's hands.

      Hit the streets now! It's in the CONSTITUTION and the Founding Fathers said that we have the right to equal access! It's true! It's in the exact same part where it says we're a CHRISTIAN Nation!

      God Bless America!

      That'll get Net Newtrality[sic]!!

      --
      RIP America

      July 4, 1776 - September 11, 2001

    4. Re:I'll Say It Again ... by radarsat1 · · Score: 3, Informative

      I would argue that even from the most hard-right libertarian point of view, the only job of the government is to ensure that markets stay free. This includes preventing the purchase of monopolies, so that small businesses have a chance to provide equal or better service than the big players. Net neutrality should be in the interests of anyone who believes in the free market.

      The idea that the right has gotten into its head that government regulation should stay out of the market is wrong, not because regulation is some kind of socialist mindset, but because in the hard-right view of things, the only role of the government is to play "cop", to catch cheaters and make sure the market always runs smoothly and is an even playing field for all.

    5. Re:I'll Say It Again ... by MBGMorden · · Score: 4, Interesting

      the Demofucks are pushing on "fast track" through the Senate right now, though, and you maybe see why the Rethuglicans

      You know, over time I've noticed an inverse relationship between the intelligence of a poster and their likelihood to turn names into cutesy little attacks.

      Just say the names. 'Democrats'. 'Republicans'. See? That wasn't hard. If your argument is presented decently we'll get the jist of who you do and don't like without the 3rd grade humor.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    6. Re:I'll Say It Again ... by mcgrew · · Score: 3, Insightful

      I would argue that even from the most hard-right libertarian point of view, the only job of the government is to ensure that markets stay free.

      And I would argue that the only job the government has concerning the market at all is to defend the powerless from the powerful. Cops are there to attempt to keep you (and bankers) from being robbed. The FDA is there to make sure that your drugs are the right strength and your food isn't poisoned (protecting you from the drugmakers and food warehousers). The EPA is there to make sure you can breathe (protecting you from the likes of Monsanto). Regulations on monopolies ensure that your electric company that has no competetion doen't screw you over.

      The Libertarians, unfortunately, want government out of their hair so they CAN screw you over.

    7. Re:I'll Say It Again ... by Abcd1234 · · Score: 3, Insightful

      To me it's rather funny, how well the free market has worked...

      Funny, didn't we *just* have an article about the dangers of antibiotic resistance in factory farming? Ahh, but I suppose that doesn't count as a failure for some reason, 'cuz otherwise your little absurd pet theory might not be correct... pesky cognitive dissonance.

  3. They're doing it wrong by dkleinsc · · Score: 5, Insightful

    "pulled the plug on efforts to work out a compromise among phone, cable, and Internet companies"

    That right there is a perfect example of what's wrong with Washington. This debate, like so many others, doesn't consider the interests of the public, but simply the interests of the industry players directly affected by the new law.

    There is absolutely no legitimate reason why the US government should be negotiating with AT&T (or Time Warner, or Comcast, etc). None. If the US government wants AT&T to do something, they can pass a law and/or issue a regulation that says AT&T has to do it. No negotiation required - if AT&T doesn't do it, the US government can then bring them to court. That's what makes the government different from a corporate partner of AT&T, and AT&T is subject to the government of the US as long as it's operating in the US.

    However, there's an illegitimate reason why the US government negotiates with AT&T: AT&T is in the running at least for largest campaign contributor in the country.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:They're doing it wrong by LateArthurDent · · Score: 3, Insightful

      There is absolutely no legitimate reason why the US government should be negotiating with AT&T (or Time Warner, or Comcast, etc). None.

      Sure there is. The US is a democratic republic.

      Yes, but corporations don't have suffrage.

  4. Re:Bandwidth hogs should pay more.... by Suki+I · · Score: 3, Informative

    "Phone and cable companies insist they need flexibility so high-bandwidth applications don't slow down their systems." Fine. Let them charge the content producers by bandwidth. The wider bandwidth your content needs, the more you will pay. Low bandwidth content (most web pages actually) would get a free ride, things like Hulu and Youtube would probaby have to open their wallets to help support the inferstructure. Just so long as nobody gets priority over anybody else. First come first serve, but if you take more than average you pay for it.

    As an ATT&T wireless user who has exceeded her monthly 5Gb limit once or twice, I can tell you for a fact, we "hogs" do pay more for additional usage. Too bad we don't get "rollover" bits.

  5. If I want it AND dad wants it ... it's bipartisan. by jabberwock · · Score: 5, Funny

    ... As a wacko leftist libertarian crypto-anarcho peacenik Commie, the oldest son of a right-wing fringe element religo millennialist rapturizing nut job, I have to tell you: Net Neutrality is the one thing dad and I can safely talk about, and agree on. That, and maybe there are some foods we both like.

  6. Re:Bandwidth hogs should pay more.... by mcgrew · · Score: 3, Insightful

    Fine. Let them charge the content producers by bandwidth.

    You must own an ISP, because that idea is bullocks. I pay my ISP to pipe content from my provider to my computer. If the content provider is paying, why should I?

    If your system doesn't have the bandwidth to serve your customers, you need to invest in infrastructure. If you can't get a return on your investment you need to get the hell out of the business.

    The phrase "taking you coming and going" springs to mind. This kind of nonsense really pissses me off. IMO the "troll" mod should have been "flamebait", but at least it's a downmod.

  7. You? Why TF should they care about YOU? by Anonymous Coward · · Score: 4, Interesting

    Democrats, Republicans... what's the difference? Neither one cares about the citizenry. This farce of democracy is made so evident by, well, everything they do. Even the idea of calling them "representatives" is a farce, since they don't represent us. Well, I suppose they DO represent themselves and their monied interests.

    If you genuinely want to break out of this kind of rule, you need to break it from the bottom. Free software didn't compete with commercial software by asking the corporations if they would mind please changing the way they charge for things. No, free software started by people just doing it, and ignoring the monied interests.

    You can do the same thing with governance. All you have to do is contribute to one of the many projects listed there, or to the umbrella group.

    Or you can just sit back and whine about how the Democrats and/or Republicans screwed you over again. Here's a tip: it is never going to stop unless you stop relying on them to make decisions for you.

    1. Re:You? Why TF should they care about YOU? by AmigaMMC · · Score: 5, Informative
      You got that one wrong, you meant to write Republicans (homophobic, racist, anti-middle class...). Who voted against the repeal of DADT? Republicans, Who voted against a more comprehensive anti hate crime law? Republicans. Who sleeps with the religious right bowing to its will? Republicans. Who voted against tax breaks for small businesses 2 weeks ago? Republicans. Who voted against tax breaks for corporations who keep jobs in the U.S. less than a week ago? Republicans. Who created a $13 TRILLION hole in the government finances? BUSH thank you very much, he's a republicans.
      and the list goes on... As for the last 30 years, actually I beat you, let's do 60 years, under Democrats the income of the middle class has steadily increased by 3%/year and that of the upper class by 2%/year, under Republicans the increase has been around 1% for both.

      if you want to believe propaganda go right ahead, You would look a lot smarter if you did some research first though. I'm an independent and I can think with my own brain. There are lots of stupid Democrats but they don't resemble the Republicans by far.

    2. Re:You? Why TF should they care about YOU? by BigHungryJoe · · Score: 3, Interesting

      You know, that's all true. The only people who do believe that the parties are equally bad (geminidomino) don't actually pay attention to politics.

    3. Re:You? Why TF should they care about YOU? by Moryath · · Score: 3, Insightful

      You got that one wrong, you meant to write Republicans (homophobic, racist, anti-middle class...).

      As opposed to Democrats, who keep people in what is basically slavery, lie about trying to "improve education" while doing their best to make sure it is never improved for their voting base, tax the fuck out of people to pay for deadbeats (my city is now 13bn in the hole thanks to demofucks on the city council and the mayor's office not doing shit to get the Katrina Debris out: those lazy assholes are STILL demanding government payouts and housing/welfare checks with no plan to ever go home) and endorse the evisceration of the First Amendment, Second Amendment, and anything else in that pesky "Constitution" thingy that gets in their way?

      Who voted against the repeal of DADT? Republicans

      Also most of the joint chiefs of staff... who are not republicans.

      Who voted against a more comprehensive anti hate crime law?

      I believe the word you really mean is "thoughtcrime law", which many of us of a libertarian bent view as a Bad Thing.

      Who sleeps with the religious right bowing to its will? Republicans.

      Funny. Ever seen black preachers in action, poverty-pimping the slaves back to the Democrat for another round of uninformed, uneducated, "voting"?

      Who voted against tax breaks for small businesses 2 weeks ago? Republicans.

      What else was in the bill? Oh yeah, another round of TARP-crap that would have been WORTHLESS to small businesses. But you're too busy being a partisan fucktard to notice.

      Who voted against tax breaks for corporations who keep jobs in the U.S. less than a week ago? Republicans.

      See above...

      Who created a $13 TRILLION hole in the government finances? BUSH thank you very much, he's a republicans.

      Who voted for every bit of that spending legislation? Oh yeah, the DEMOCRATS... including Obama, every time since 2004...

      As for the last 30 years, actually I beat you, let's do 60 years, under Democrats the income of the middle class has steadily increased by 3%/year and that of the upper class by 2%/year, under Republicans the increase has been around 1% for both.

      Do you mean under a Democrat president or Democrat congress? Because the two are fundamentally different due to the lack of a line-item veto. The strongest growth was actually 1994-2000, when it was Clinton in the President's chair (holding the Republicans in check when he wasn't too busy getting blowjobs from interns) but the Republicans at least being sort-of fiscally responsible in the spending bills which Clinton only got a veto/pass vote on.

      If we had a line item veto, I'd say fuck it, just make sure that no party gets hold of House, Senate, and Presidency all at once. As it stands, I'm more comfortable with a Republican congress and a Democrat president to hold them in check, thanks.

      The problem is NOT one side or the other. The problem is Americans are too fucking stupid and uneducated these days to recognize that in order for our system to work, we have to have some goddamn checks and balances. The system, as stated, is not to rely on the goodness of men, but rather, ambition must be made to counteract ambition.

      If there's a Democrat in the oval office, I vote Republican for congress. If there's a Republican in the oval office, I vote Democrat for office. Every time we've had one party controlling it all - Carter, Clinton's first two years, Bush's first six (and fuck it, his last two as well, since he was a wimpy-ass lame-duck RINO retard who didn't veto even ONE THING that Pelosi and Reid sent his way in 2006-2008), America suffered for it.

      That's the reality. Now grow up and get your partisan head out of your partisan ass.

    4. Re:You? Why TF should they care about YOU? by crlove · · Score: 4, Funny

      I disagree with you, but I'm pretty sure you're not Hitler.

  8. Re:Bandwidth hogs should pay more.... by Suki+I · · Score: 4, Insightful

    Ah but the point is that you didn't PUT the content on the net did you, you just consumed it. People like you shouldn't have to pay, and THAT'S what the FCC needs to regulate.

    The point is, I used the bandwidth.

  9. Re:Bandwidth hogs should pay more.... by ElectricTurtle · · Score: 3, Insightful

    Wait... so you're saying that people who produce and provide need to penalized? That sounds awfully familiar...

    --
    I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
  10. Re:Bandwidth hogs should pay more.... by DrgnDancer · · Score: 4, Informative

    Actually I don't see any problem with charging consumers more per se. If I use twice the bandwidth that my neighbor does, then there's some logic that I pay twice as much. What's objectionable isn't that they charge more for using more bandwidth, but that they charge more for applications that they assume will use more bandwidth. Example:

    I have an Internet connection. I use it for e-mail and web browsing (low bandwidth activities) on a moderate scale, but a few times a month I torrent something (Blizzard uses torrents for it's game updates, Linux distros, etc). While I occasionally use this "high bandwidth application" my overall usage is rather low (say 5-7 GB a month).

    My neighbor has the same Internet connection I do. He uses only "low bandwidth applications", but he uses them *constantly*. Say he's a teenager and it's summer vacation. He's *always* doing something on the 'Net. He downloads multiple small files (often at the same time), but does so over low bandwidth (theoretically) protocols like http and ftp. In the end he uses way more bandwidth in a given month than me. 25-30 GB.

    Under the types of rules that Internet companies want to see, I would be potentially charged more than my neighbor. Because I use a "high bandwidth service" (despite that I don't use it much and it doesn't actually add up to that much bandwidth), and he doesn't (despite that he actually uses far more bandwidth because of his sheer volume of activity).

    A big part of the problem here is that Americans have gotten used to "unlimited Internet". No ISP wants to be the first to say "you pay by the GB", because they know that they'll get their lunches eaten by all the "unlimited" services. So rather than limit the actual bandwidth people are allowed to use (or charging a metered rate), they attempt to offer "unlimited" service while at the same time demonizing certain protocols and applications and trying to charge more for those. This allows them to claim that you can use the network as much as you want, while at the same time curtailing the use of protocols that are most likely to stress the network.

    Net Neutrality isn't about you getting free Internetz. It's about companies being forced to sell unrestricted access to the network (on the protocol and application level). They can sell packages based on bandwidth or based on total usage (or both), but not based on protocols or who you're trying to connect to. They can charge you more for more Mbs. They can charge you more because you use more total GB a month. They can't charge you more because you want to use Bittorrent or access a competitor's website.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  11. Re:Run away! Run away! by sarhjinian · · Score: 4, Insightful

    No, what he's saying is that if you make >$75K and you're whining about being asked to contribute +$2K, then you perhaps need a little more critical perspective because, get this, you're already quite rich in relative terms.

    He's not expecting to be given extra earnings, he's saying you should count yourself lucky that you are making more, rather than making $40K or less instead of expecting sympathy from the majority of society because you're so hard done-by. As a more wealthy person you, by default, use and benefit more from society, so you, as the the more wealthy person, should foot more of the bill for it.

    Don't like it? Want to keep all your money? As tired a cliche as it is, perhaps you should move the Somalia? That way you'll only ever have to pay for your own needs, such as the private police force you'll require to maintain the law and order that allows you to keep the money you make.

    --
    --srj/mmv