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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?'"
This is better than nothing, but it's only a matter of time before some of the "ambiguity" in the rules are exploited. What scares me most about net neutrality is that virtually no one outside of those who are actively interested know anything about it, and we've already seen a crazy propaganda campaign in the press to define net neutrality as a "government takeover of the Internet."
If we have any desire for true net neutrality to be upheld, we have to figure out a way to reframe this discussion in the media--and we have to do it quickly or we're going to soon end up with an Internet that is going to resemble broadcast TV more than the open web of information that it is now. I have a bad feeling in my stomach about how net neutrality is going to play out as it seems almost no one understands how vitally important it is.
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.
http://alternatives.rzero.com/
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.
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.
"Somebody has to do something. It's just incredibly pathetic it has to be us."
--- Jerry Garcia