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Net Neutrality Bill Aimed At ISP Data Caps Introduced In US Senate

New submitter Likes Microsoft writes "Yesterday, Senator Ron Wyden (D-Oregon) introduced a Net Neutrality bill aimed at ISPs using data caps soley for profiteering purposes, rather than the 'traffic management' purpose they often claim. The text of the bill is available at Wyden's Senate page. It would require ISPs to be certified by the FCC before implementing data caps. It says, in part, 'The [FCC] shall evaluate a data cap proposed by an Internet service provider to determine whether the data cap functions to reasonably limit network congestion in a manner that does not unnecessarily discourage use of the Internet.' In a statement, Wyden said, 'Americans are increasingly tethered to the Internet and connecting more devices to it, but they don’t really have the tools to effectively manage data consumption across their networks. Data caps create challenges for consumers and run the risk of undermining innovation in the digital economy if they are imposed bluntly and not designed to truly manage network congestion.'"

23 of 151 comments (clear)

  1. Sen. Wyden. by MachineShedFred · · Score: 5, Insightful

    Dear Senator Wyden,

    Thank you for actually being a good Senator, that introduces good bills that create or change laws that help out the average US Citizen. I'm glad I voted for you the last time you were on the ballot, and if I still lived in Oregon I'd vote for you again.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    1. Re:Sen. Wyden. by Synerg1y · · Score: 4, Interesting

      If the FCC actually started to regulate the ISPs... it's too much to hope for. But then if even if the FCC starts regulating ISPs, look at what happened in the big pharma / FDA world, the FDA got bent over and ISPs have deep pockets like big pharma, so it may happen again.

    2. Re:Sen. Wyden. by afidel · · Score: 5, Insightful

      Considering basically every transaction carried out over the internet is an interstate transaction you couldn't be further from reality.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    3. Re:Sen. Wyden. by smooth+wombat · · Score: 3, Insightful

      Dear Bradley

      What part of communication isn't understood in Federal Communications Commission?

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    4. Re:Sen. Wyden. by Anonymous Coward · · Score: 4, Funny

      Senator Wyden,

      I have never lived in Oregon, but I do work in Chicago, and will happily vote for you twice in any future election.

    5. Re:Sen. Wyden. by Anonymous Coward · · Score: 5, Insightful

      Practical Reason #1: Because nobody else is doing it. ISPs are basically like utilities in function; natural monopolies that are exquisitely well positioned to price-gouge, because the nature of their business is effectively insulated from competition, and they are completely reliant on the government to deploy infrastructure at all in the first place (Can you imagine how many property owners you need to deal with to lay cable?)

      Pedantic Legalistic Asshole (This is you) Reason #1 : Because the internet is a needed part of interstate commerce, and by screwing with it locally, you screw with your resident's ability to conduct interstate commerce.

      "Go screw yourself" Reason #1 : Because they took federal subsidies to function, you will shut up and listen, or we will yank funding, cripple you, and give it to someone else. See why highway constructors must play nice with the Federal Government or die.

    6. Re:Sen. Wyden. by LiENUS · · Score: 4, Informative

      "pants-on-head retarded" ? no it probably doesn't exist in the constitution but Article I, Section 8, Clause 3 says "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" that's a fancy way of saying they have the authority to regulate interstate commerce. How applicable it is for 99% of the stuff they say allows it I wont argue, but the constitution does in fact give them the authority to regulate commerce among the states.

    7. Re:Sen. Wyden. by fredprado · · Score: 4, Insightful

      When healthy competition does not exist which is more often than not the case in our world, regulation, inefficient as it may be, is the only way to combat abuses.

    8. Re:Sen. Wyden. by Synerg1y · · Score: 4, Insightful

      4G = wireless, comcast = coaxial, different level of availability and yes speed. No idea why 4g is your only option besides you maybe live more rural in which case I'd look into satellite internet (good d/l bad u/l). Also doesn't t-mobile offer unlimited 4g data? I've seriously considered telling comcast to go fuck themselves and getting t-mobile and paying the different to not deal w comcast anymore.

  2. Re:Does the FCC have this authority? by degeneratemonkey · · Score: 4, Informative

    Well, no, the FCC does not have the authority to do this. This story is about a bill that would grant the FCC such authority.

    It won't pass though, because there is a lot more money against than there is in favor.

  3. Re:Does the FCC have this authority? by jhoegl · · Score: 3, Informative

    The law is created in the bill. The FCC is the enforcer or "over watch" of the law.
    Much like when you contact the FCC for a spectrum use violation.

  4. Netflix... by sandytaru · · Score: 5, Interesting

    We start approaching our monthly ISP imposed data cap of 150 GB just from watching Netflix. One room mate nearly busted us through when she started watching the new Dr. Who series, beginning from the first David Tennant episode on up.

    If I remember right, Netflix currently accounts for about one third of all total Internet data usage.

    --
    Occasionally living proof of the Ballmer peak.
    1. Re:Netflix... by sandytaru · · Score: 3, Interesting

      Nope. ISPs are given a virtual monopoly on their method of delivery. We have AT&T DSL and that's all we can get through the phone lines. We had tried Charter cable, but their data cap is the same at 150 GB, and their QoS was ten times worse and the bill was twenty dollars more.

      We've talked about going to a business grade fiber connection at $200/month, but that's only on the table if one of us has a true telecommuting job. As it is, our offices are 15 minutes away and neither of us work enough from home to justify it.

      --
      Occasionally living proof of the Ballmer peak.
    2. Re:Netflix... by cluedweasel · · Score: 4, Informative

      My ISP has a 150Gb limit too. When we moved here it was unlimited. Then the ISP proposed a 30Gb monthly limit. After a local campaign, they acted like they were going to go bankrupt after upping it to 100Gb. Now it's 150Gb. I called them when the 100Gb limit came in and asked them how I was meant to use Netflix and the like with 100Gb. their answer was to use their own VOD system. To me, there's the heart of the matter - it's not the cost of transport, it's protecting their own revenue from online competitors. BTW, this ISP (Bend Broadband) is in Mr. Wydens district and he was receptive to complaints about their data caps.

  5. Re:Does the FCC have this authority? by DragonWriter · · Score: 5, Informative

    Does the FCC actually have the authority to do this?

    This isn't the FCC doing something, its a member of Congress proposing a law directing the FCC to do it. If they pass the law, then the FCC will, ipso facto, have authority to do it (assuming, of course, that Congress has Constitutional authority to pass the law.)

    How about congress actually pass a LAW on this, after all, they are supposed to be the legislators, eh?

    That's exactly what Senator Wyden is proposing: Congress passing a LAW that would ISPs from imposing data caps without prior approval of the specific cap meeting specific requirements from the FCC.

  6. Wary by HaZardman27 · · Score: 5, Insightful

    Couldn't this serve to discourage ISPs from improving their infrastructure? If they let their infrastructure age, they'd be spending nothing on improvement, and would eventually be allowed to put data caps in place as bandwidth usage increases.

    Disclaimer: Didn't RTFA.

    --
    Apparently wizard is not a legitimate career path, so I chose programmer instead.
    1. Re:Wary by Microlith · · Score: 4, Informative

      Couldn't this serve to discourage ISPs from improving their infrastructure?

      They don't need any prompting to not improve their infrastructure. Their "solution" is to impose arbitrary limits and offers slow service to stretch their profit margins by not improving their infrastructure. Competition is necessary for them to improve and they fight vigorously to deny it, suing municipalities to prevent them from offering their own lower cost, higher quality services.

    2. Re:Wary by DigiShaman · · Score: 4, Insightful

      The ISP industry is an oligopoly. In some cases, monopoly depending on where you live. Good or bad, you can thank the government for limiting new players entry into this market. So the idea of 'free market' can be thrown out the window in this discussion.

      Caps are bad in that they foster regression of infrastructure. Simply put, there's massive profits in scarcity. That's econ 101.

      --
      Life is not for the lazy.
    3. Re:Wary by VortexCortex · · Score: 3, Insightful

      Couldn't this serve to discourage ISPs from improving their infrastructure? If they let their infrastructure age, they'd be spending nothing on improvement, and would eventually be allowed to put data caps in place as bandwidth usage increases.

      They have no incentive currently. In fact, applying data caps is how they decided to make more money instead of building out infrastructure to meet demand. Look, data caps don't help congestion at all (except, perhaps, through fear of using your service?) If the services are over-subscribed then at peak times the load is more than the bandwidth they advertise -- Think rush hour traffic. Would limiting the distance you could drive per month reduce the demand for car lanes during rush hour? Ni, ni and ni... That's just silly! Instead what you'd do is limit your over all use so that you were assured driving distance when you needed it. This means that there would be less Traffic on Off Peak Times -- When there is plenty of bandwidth available! This is also why metered bandwidth is a farce, unless they charge a lot more during peak times.

      There has to be enough hardware in place to handle that peak load, the number of bits doesn't matter over a month -- It only matters during off peak times: The hardware is still there, it's just not being used. The Current doesn't matter, it's the Pressure / Voltage! The Wires have to be big enough for peak usage, not for total power used in a day, week or month, it's not like you use up the electrons and the wires have to be replaced... THINK MAN!

      You must understand, it's more profitable in the short term to over sell bandwidth than to build out infrastructure. The data caps are merely an attempt to squeeze more money out of the system. WTF does it matter if you use netflix or bittorrent all night long when there is plenty of bandwidth to go around? The problem is that there are more folks trying to use the same sized pipe during peak times -- Not that the damn routers run out of bits!

      MY PIPES! DE CAPS DO NOTHING!

  7. More Regulation by the+eric+conspiracy · · Score: 4, Informative

    An alternative to this would be to finally break the monopoly faced by many Americans on their broadband cable services.

    I live in an area served by both FIOS and Cablevision, and neither have caps, and have played them against each other to get discounts on my service bills.

  8. Dear Investment Opportunity Wyden by ohnocitizen · · Score: 3, Funny

    Let's cut to the chase. In the modern political arena our money faces no obstacles whatsoever. It is up to you whether that money supports you in your next run for office or pours into your precious state decimating not only your own campaign but every other congress critter down-ticket along party lines. Not that we enjoy threatening our investment opportunities, far from it. Its just business.

    Hugs and Kisses,

    ISPs

  9. Paved with good intentions, but... by jettoblack · · Score: 4, Interesting

    While this law sounds reasonable on the surface and seems well enough intentioned, looking at the past history of government regulations, I can't help but assume that even if this were to pass, the law will be twisted and manipulated to the point that it actually hurts the end users or stifles competition. Perhaps the requirements for compliance with the law will be so onerous that small ISPs cannot compete, leaving only the big players and a high barrier to entry, or it will prevent new innovative business models and force us to stick with the status quo even if a better alternative is found.

    For example, the regulations for bidding for government contracts were intended to level the playing field, reduce corruption, and lower costs. But as the regulations became more and more complicated (trying to plug the loopholes), only the biggest contractors with government bidding officers and on-staff lawyers can actually get through all the red tape. The result is that small players cannot compete and costs go up. The regulations ended up doing exactly the opposite of what was intended.

  10. Re:Monopolies, AOK? by preaction · · Score: 4, Interesting

    The government exists to regulate monopolies that must exist, like power, gas, water, waste disposal, police, fire, and transportation, and break those that must not, like telephone, computer hardware, and computer software.

    Those monopolies I listed must exist because of the barrier to entry and the potential consequences of a monopoly. Electricity and gas being necessary to survive winter, or even summer for some folks, a company cannot be allowed to hold someone's life for ransom. Water is a necessity of life, which is why it's provided by the city government (who holds a monopoly on it). On the other hand, there are things a monopoly can do better than competition, like take a loss on serving certain customers because the loss is made up by less costly customers, or make a large capital investment because they can take a credit risk and be assured that customers have no other choice (in a more competitive market, risk is heightened).

    Of course, what I've just said is a good argument for government-owned fiber to the home (except for the "necessary for life" thing, which is only a matter of time).