FCC Finalizes US Net Neutrality Rules

milbournosphere writes "The FCC has finalized its proposed rules regarding net neutrality. The rules go into effect on 20 November, nearly a year after they passed in a 3-2 vote. The FCC's statement (PDF) summarizes the rules thus: 'First, transparency: fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and commercial terms of their broadband services. Second, no blocking: fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services. Third, no unreasonable discrimination: fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.' It should be noted that some of the language is a little ambiguous; who is to decide what constitutes 'unreasonable discrimination?'"

Comments

Re:Judges, that's who!

[tverbeek]

Yes, this is how sound legislation is always written. Rather than trying to spell things out in technical details that will immediately be obsolete and also provide a roadmap for how to get around the letter of the law, they use subjective terms like "unreasonable discrimination" to allow judicial rulings to define and redefine it over time in keeping with the spirit of the law.

If you want to talk privileges

[tepples]

internet access is not considered a right here, it's a privilege.

Nor is wireless ISPs' access to FCC-owned spectrum a right; it's a privilege. Nor is wired ISPs' access to conduit under post roads a right; it too is a privilege.

Re:Judges, that's who!

[Curunir_wolf]

Yes, this is how sound legislation is always written. Rather than trying to spell things out in technical details that will immediately be obsolete and also provide a roadmap for how to get around the letter of the law, they use subjective terms like "unreasonable discrimination" to allow judicial rulings to define and redefine it over time in keeping with the spirit of the law.

No, it's not. It's how tyrannies are built. It's a way for an oppressive police state to arbitrarily decide when and against whom they are going to enforce the law. Fail to provide the right media support or bribe ... err, I mean "contribution", and you're targetted - and the law is simply made to apply.

Sound legislation must disallow discrimination, provide equal protection, and enforce the tenets of the rule of law. It should be clear to anyone whether an action they take will violate the law or not. It should be unambiguous. In fact, overly broad or ambiguous legislation is often overturned on Constitutional grounds, and should be.

It's a simple idea - if the laws are so many and confusing and open to interpretation, it means anyone and everyone can be said to be breaking the law at any time. And it's up to the enforcers to decide who to actually bring down.