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If the FCC Had Regulated the Internet From the Start

In the spirit of (but with a different approach than) last week's post "Is Net Neutrality Really Needed?", an anonymous reader writes with this "counterfactual history of the internet, but one that is all too plausible. Unfortunately, I can see this happening under the new 'Net Neutrality.'"

19 of 191 comments (clear)

  1. Pure Fantasy by Jane+Q.+Public · · Score: 5, Insightful

    If the internet had been regulated under Title II in the first place, as it should have, giving ISPs and upstream providers "common carrier" status, we would not have the mess we have now.

    Deep packet inspection would be illegal "interception" of content, making tiered or discriminatory service impossible. The government would explicitly need a warrant to snoop. Etc.

    It might not be a perfect solution, but it would be a hell of a lot better than what we have now. Sometimes regulation is not evil.

    1. Re:Pure Fantasy by JWW · · Score: 4, Insightful

      They have the power to do common carrier NOW. Notice that that is not what they are doing.

      The FCC does not want to make the Internet common carrier.

      They are violating a court decision doing regulation the way they are doing it.

      It is very telling as to what the FCC is more interested in based on how they are going about this.

      I think "fairness" is a big motivator for them, but they're not concerned about packet fairness, I think they're more concerned about content fairness. Thats a path I don't want to see them take.

    2. Re:Pure Fantasy by betterunixthanunix · · Score: 4, Insightful

      I think "fairness" is a big motivator for them, but they're not concerned about packet fairness, I think they're more concerned about content fairness.

      The fact that everyone is so focused on "content" shows that the suits still do not really understand the Internet, or perhaps they do understand it but they do not like what it means. This is not about "content;" the Internet is not just another broadcasting system. Websites are not just "channels" that you use a web browser to "tune in" to.

      Unfortunately, as you pointed out, the FCC does not see things this way...

      --
      Palm trees and 8
    3. Re:Pure Fantasy by Reality+Master+101 · · Score: 4, Insightful

      I'm a free marketer, but yes, sometimes regulation is not evil. Proof? Easy. Child labor laws and its sibling, compulsory education. We could also talk about paying poor miners in scrip and forcing them to buy goods at inflated pricing at Company Stores.

      --
      Sometimes it's best to just let stupid people be stupid.
  2. Re:Not so realistic by LordKronos · · Score: 5, Insightful

    Ok, its an interesting read

    Then you're giving it more credit then I would. I didn't find it the slightest bit interesting. As I read it, I was thinking how unrealistic it was, until I got to the section about the FCC not approving the internet because it's beta software, etc. At that point I said 'this is stupid", read a couple more paragraphs, got to the first mention of Microsoft Bob, and promptly closed the page. The level of absurdity in the article is so high, it sounds like it was FUD written by Comcast to rally people against net neutrality.

  3. That works both ways Slate... by Shadow+of+Eternity · · Score: 4, Insightful

    "In late 2010 the last act of the democratic congress was to pass a massive legislative coup giving the FCC all the authority it required to enforce Net Neutrality and a mandate to bring america's infrastructure up to par with the rest of the first world.

    Over the next two years the FCC rolled out a series of reforms which led to the end of the stagnation and abuses of the monopolies and duopolies in charge of access to the internet in america, began a campaign to run fiber straight to the home in all major american cities creating a massive number of public works jobs, and singlehandedly raised speeds, lowered prices, and improved the quality of american internet connectivity."

    See? I can play the "lets make up a fantasy scenario that perfectly supports my position" game too.

    --
    A bullet may have your name on it but splash damage is addressed "To whom it may concern."
  4. The article veers into TLDR land, by Compaqt · · Score: 5, Insightful

    but basically it's a fairy tale about if the FCC had started regulating interstate electronic communications in 1993, and how it would have mandated Minitel compatibility for electronic devices.

    It's amazing how many people have gotten taken in with the misconception that the FCC is "taking over" the Internet. The simplest analogy is toll roads: they're built by private companies, but the government doesn't allow the operators to favor or ban traffic of competing contractors (or anyone else, for that matter).

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:The article veers into TLDR land, by hedwards · · Score: 4, Funny

      You must not have gotten the memo. Anytime that a government agency does something which might theoretically affect a business in some indirect, but negative, way, it's an unwarranted abuse of government power and an example of Nazism, Fascism and probably Socialism.

      Not to mention that it makes Jesus cry, kills puppies and forces ceiling cat to urinate from on high.

  5. Surprised it *DIDN'T* Happen by krygny · · Score: 4, Insightful

    While I don't agree with some of the scenarios in the article (a bit simplistic), I have always been astonished at the laissez-faire approach the Federal Government has always had toward the internet and the WWW. I can only explain it by their ineptitude. Not their libertarian philosophy. As a whole, the Government really never "got it" nor understood the potential until it was too late. Now that it's too late, their hoping that it's not too late. Typical.

    --
    Research shows that 67% of those who use the term "research shows", are just making shit up.
  6. Re:Not so realistic by Goody · · Score: 5, Insightful

    And what's worse is the conservative media and blogosphere will cite this article and quote it and their viewers will eat it up and be regurgitating it everywhere. It's quite unrealistic and is really just a lame attempt at comedy. TCP/IP and the Internet were in use in other countries before 1993 when the article's timeline starts. If the FCC would had done any kind of blatantly bad regulation, the Internet would have merely evolved outside of the US. The fact is the FCC didn't regulate it, and net neutrality (however currently defective/insufficient) doesn't come close to any sort of heavy-handed regulation. But that doesn't support the right wing narrative of an out of control fascist state.

    --
    Tired of being "punished" by the Slashdot $rtbl since 2002. I'm now over at http://soylentnews.org/ .
  7. We're Lucky It Exists At All ... by stevesh6 · · Score: 5, Insightful

    And if someone in a position to do so had gone before Congress in 1990 and testified that in ten years or less, every 12-year-old in the country could have a box in his bedroom which would provide him with 24/7 access to unlimited, free hard-core pornography, the Internet would have been smothered in its crib. Politicians aren't the people to be making these decisions.

  8. The whole issue is one gigantic strawman. by Senes · · Score: 4, Insightful

    This isn't about regulating the internet, it's about preventing private regulation; if you hate people telling you what you can and cannot do then you should support preventing ISPs from being able to decide how your connection can be used.

    As long as people are tied to their service providers then they're at the provider's mercy unless it is illegal to impose such controls. "Regulating the internet" would be telling users what to do; that's exactly what would happen if ISPs could shape traffic and they wouldn't have to release you from your contract.

  9. Something's not quite right here... by Trinn · · Score: 5, Insightful

    What's up with the anti-NN articles lately? Smells of astroturf if you ask me, to be honest, though I'm wondering how it got past firehose stuff. This article is just the usual FUD approach, I thought slashdot was a bit more capable of recognizing such. The article boils down to some simple appeals to partisanship, fear of being on the "losing side" (when we all are unless you happen to be one of the F500 CEOs or something else equally silly), fear of oppressive government control / fear of the government 'breaking' the internet (the Order and Report is actually very specific and focuses merely on anti-competitive cartel/monopoly tactics)...

  10. The cycle of regulation by FourthAge · · Score: 4, Insightful

    On Slashdot it's mostly imagined that regulation is a wholly good thing, at least in principle: the government siding with the people against the corporations.

    Any reminder of the problems that can be caused by regulation is therefore worthwhile.

    This is not to say that regulation is a wholly bad thing, either. But it can easily make things worse, by closing out competition, for example.

    Wherever you see corporations colluding against the public, you may be tempted to suggest regulation as the solution. If so, don't be surprised to discover that their industry is already heavily regulated, and (perversely) regulation is exactly what is enabling the collusion.

    And what is the inevitable solution to that collusion? Why, more regulation, of course. The existing regulation must be inadequate, so we need more of it.

    In other words, we have only a hammer, so every problem must be a nail. There is a cycle here, and it's not the virtuous sort.

    So, if you wish to call for regulation, you should consider the regulation that's already in place. Why is it inadequate? And how is your proposal immunised against the same problems? Because you will not be the first person to suggest regulation - those who came before you had similar ideals, and despite their good intentions, they created the current mess.

    --
    The tao of democracy: the government you can vote for is not the real government.
  11. Regulations... by betterunixthanunix · · Score: 4, Insightful

    Actually, regulating the Internet could take many forms. For example, you might only be allowed to use certified equipment (or perhaps only certified software) to connect, as is the case with CB radio. Or, more optimistically, ISPs may be required to act as common carriers and not be allowed to turn the Internet into a clone of the cable TV system.

    It is not really a question of whether or not the Internet should be regulated, it is a more of a question of which regulations would be best for the American people. The large corporations that currently control our access to the Internet want to turn it into another cable TV system, with "websites" acting as "channels" and "peer to peer" being a forgotten memory; without some sort of regulation, they will go ahead and do that, and we'll need to establish a second Internet to escape.

    --
    Palm trees and 8
    1. Re:Regulations... by jedidiah · · Score: 4, Insightful

      > When I connect my network, which, for the record, is
      > under my sole control, and not under any other regulation,
      > to another network, we have a piece of the "Internet".

      Well you run off the rails pretty much immediately, right here infact. The rest of your rather long rant is just based on this bogus bit of wishful thinking.

      You have to get through your ISP in order to get to the outside world. If they are unregulated, then they are free to mess with you as much as they want too. It's like if all of the surface streets leading to your local highway were controlled by Microsoft or McDonalds. They could control what gets to Target or Walmart or your local grocery store or even your own house via UPS or FedEx.

      Imagine Walmart or Apple being able to prevent Amazon or Netflix from delivering to you via UPS or the postal service.

      That's what your local unregulated ISP can do to you.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  12. Re:and so ? by morgan_greywolf · · Score: 4, Insightful

    Because it was the small ISPs that pioneered one price, all-you-eat Internet service. Early offerings from the telcos were metered services, priced per megabyte.

    The small ISPs forced the big telcos and cable to offer the pricing structure that's in place today.

  13. What a load of hooey... by QuietLagoon · · Score: 4, Insightful
    The scenario described in TFA is but one of millions and millions that could have transpired. Yet that one was chosen because it fits into the author's agenda.

    .
    GMAFB

  14. Re:Competition, now and then by hercubus · · Score: 4, Insightful

    ... created an effective duopoly, one that still persists today in many markets. In such a situation, the free market cannot function, and government regulation is required to prevent abuses.

    This is the part that the Libertarian loudmouths ignore. There is no market. Their magical invisible hand that solves all problems just turns into a choking fist when you have too few competitors.

    The only sane solutions are government owned pipes (think water/sewer) or highly regulated privately owned pipes (think electricity/gas).

    I like my local city utility monopoly. I like my power and gas monopolies. I despise all two of my choices from the Net duopoly camp.

    Every city knows they have to "do" sewer/water/trash. Every state knows they have to "do" power and gas - even if it's just to set up a framework for local co-ops. Wish some state was willing and able to "do" Internet and fight off the corporate douchebags. Maybe next generation...

    --
    -- How I want a drink, alcoholic of course, after the heavy lectures involving quantum mechanics.