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Why the FCC Will Probably Ignore the Public On Network Neutrality

walterbyrd writes The rulemaking process does not function like a popular democracy. In other words, you can't expect that the comment you submit opposing a particular regulation will function like a vote. Rulemaking is more akin to a court proceeding. Changes require systematic, reliable evidence, not emotional expressions . . . In the wake of more than 3 million comments in the present open Internet proceeding-which at first blush appear overwhelmingly in favor of network neutrality-the current Commission is poised to make history in two ways: its decision on net neutrality, and its acknowledgment of public perspectives. It can continue to shrink the comments of ordinary Americans to a summary count and thank-you for their participation. Or, it can opt for a different path.

17 of 336 comments (clear)

  1. I got this one. by Anonymous Coward · · Score: 4, Insightful

    Don't even need to read the summary:
    $$$$$$$$$$$$$$$$$$$

  2. Fortunately... by Anonymous Coward · · Score: 5, Interesting

    The FCC does not regulate torches and pitchforks.

    1. Re:Fortunately... by davester666 · · Score: 5, Funny

      Homeland Security is responsible for the torches and pitchfork list.

      --
      Sleep your way to a whiter smile...date a dentist!
    2. Re:Fortunately... by Wycliffe · · Score: 4, Insightful

      The FCC does not regulate torches and pitchforks.

      That will never happen.

      Sure it could. The only thing the keeps it from happening is the bread and circuses.
      In the USA, if you are moderately ambitious and/or moderately intelligent then you can be moderately successful.
      So basically, it's not worth rocking the boat because you're doing "ok".
      Polititians aren't stupid. They know that as long as they mostly appease the people with ambition or intelligence
      then those people aren't likely to start a rebellion because the risk/reward ratio is not in their favor.
      The (longterm) walmart and mcdonald employees are either not ambitious or not intelligent (or else they would
      quickly find a better job) and therefore don't pose any threat as you need both a little bit of intelligence and
      a little bit of ambition to organize a successful rebellion and if you have either intelligence or ambition then
      there is usually much safer ways of getting ahead than plotting an overthrow.

  3. Changes require systematic, reliable evidence... by guruevi · · Score: 5, Insightful

    ... so where is the systematic, reliable evidence that not being neutral in the way you treat traffic is somehow better for the future of the Internet? There are two parties: money grubbing corporations looking to maximize profit by double dipping and "the people" that require net neutrality in order to be able to build their future on it. Sure, the party that donates the most money will win.

    --
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  4. Re:Expected by buckfeta2014 · · Score: 4, Informative

    The CRTC is no different. Managed by former Rogers/Bell/Telus executives.

    --
    Buck Feta. You know what to do.
  5. The "public comment" is a charade by fustakrakich · · Score: 5, Insightful

    Rulemaking is more akin to a court proceeding.

    No, it's more akin to negotiating a price over some martinis and sending the courier to the bank to make a deposit. The "court proceeding" is also a charade. It doesn't have to be this way, but nobody gives a shit, and will reelect the same scum who are doing this, next month, and again in two years. Let's not talk about the government any more. Let's discuss why people want it like this. The government is just a reflection of it.

    --
    “He’s not deformed, he’s just drunk!”
  6. the real reason by Anonymous Coward · · Score: 5, Insightful

    The real reason is we don't live in a republic anymore but a plutocary. Even a fair courtcase would find in favor of net Neutrality

  7. Re:Changes require systematic, reliable evidence.. by whoever57 · · Score: 5, Insightful

    These networks are owned by the ISPs. It seems to me that government, before it steps in and tells them how best to run their networks, should have the burden of showing how net neutrality is better for the network than prioritization schemes.

    What you describe is exactly how it's supposed to work. If the government wants to control the hundreds of billions of dollars of network infrastructure that private companies have invested i

    Except that those private companies have received 1. direct subsidies, 2. Free intellectual property usage (basic TCP/IP technologies) and 3. free usage of rights of way.

    So, since we, the public, have heavily subsidised those privately owned networks, we should also have the right to regulate them. Finally, since the ISPs have been pushing for local monopoly status, they should accept that they are treated like a local monopoly (subject to regulation).

    --
    The real "Libtards" are the Libertarians!
  8. I have two things to say about this. by mark_reh · · Score: 4, Interesting

    1) Thank God they don't pay attention to most public comments. Can you imagine the magnitude of the disaster that would result from a California style of mob-rule in Washington? We definitely DON'T need THAT.

    2) They pay far too much attention to their corporate sponsors instead of doing what they are paid to do- use their brains and think about how to give us the best possible services. It's no surprise that the Republicans have a major hand in screwing us all, after all, their platform includes denial of science.

  9. Re:Changes require systematic, reliable evidence.. by grcumb · · Score: 5, Insightful

    ... so where is the systematic, reliable evidence that not being neutral in the way you treat traffic is somehow better for the future of the Internet?

    These networks are owned by the ISPs. It seems to me that government, before it steps in and tells them how best to run their networks, should have the burden of showing how net neutrality is better for the network than prioritization schemes.

    You've got your cart on the wrong side of your horse, young man.

    It's up to the ISPs to demonstrate to the people (via government) that they're using the resources —to which they have been granted limited monopoly rights— in the public interest, and that their pursuit of profits is not leading them into anti-consumer activity such as creating artificial scarcity for extortionary purposes when negotiating with other network operators, holding their users hostage, arbitrarily throttling bandwidth to customers whom they have testified are causing network congestion when in fact no such congestion exists.

    For example.

    Network Neutrality is the neutral position. It's not telling ISPs how to run their network - it's telling them to stop fucking with their customers' traffic. It's telling the ISPs to stop indulging in funny business and get back to making money the old-fashioned way: by providing an actual fucking service.

    But yeah, fuck big government and Ayn Rand and America Fuck Yeah and all that because... Oh, I don't know, because who the fuck cares any more? This stopped being a dialogue years ago.

    --
    Crumb's Corollary: Never bring a knife to a bun fight.
  10. Re:Changes require systematic, reliable evidence.. by whistlingtony · · Score: 5, Insightful

    Oh, frell off. you know, I know, everyone knows that net neutrality doesn't mean every connection has the same latency and bandwidth. It doesn't mean you can't prioritize a skype connection over a download.... It means you can't prioritize Company A's traffic over Company B's traffic because Company B didn't pay the ransom. It especially means you can't prioritize your own content over everyone elses to stifle competition.

    Damn Trolls...

  11. Re:Changes require systematic, reliable evidence.. by Bob9113 · · Score: 5, Insightful

    it has an obligation to show that such control is the least burdensome method of achieving a compelling state interest. And - frankly - it's not.

    Yes, it is. See common carrier. It has been tested empirically for more than a century including physical carriage networks. The empirical testing has shown that when carriers are prohibited from discriminatory behavior, the resulting increase in competition among merchants and manufacturers who use the carriage networks results in greater overall economic expansion. It is why FedEx is not permitted to negotiate preferred carrier status with one manufacturer to inhibit shipments made by a competing manufacturer.

  12. 'systematically collated' my ass by maynard · · Score: 5, Insightful

    Or as another staffer said, "I find the whole rulemaking context almost hilarious in many instances, because you know you're reading something, and you know it's not true. And you're guessing, you know, the person is hallucinating." Ordinary comments were, in other words, prone to error and lacked truthfulness, in the eyes of many of the Commission's staff. They also represented one person's opinion or experience, whereas according to staff, comments submitted by legal or economic experts collated information in a more systematic way, and from a much broader population of consumers.

    The FCC got three million responses, or almost one percent of the entire US population. And FCC staffers deride the public comment process as filled with 'hilarious hallucinations.' Because, according to this staffer, those comments submitted by 'legal and economic experts' prepared under the employ of institutions with a vested interest "collated information in a more systematic way" and "from a much broader population of consumers."

    Think about this. Actual citizen voices don't matter because private interests have the money to hire people and staff time to organize large submissions with systematically collated information about the population of Net product consumers. Do you see how citizenship to impact public policy has been stripped from the process, leaving the public as nothing more than consumers of product in a rigged market?

    They think we don't understand. That we're simply unqualified to understand the nuance of policy. But that's clearly not the case. As highly qualified Lawyers for the Electronic Frontier Foundation, including Harvard Law Professor Lawrence Lessig have been stumping for Net Neutrality for the better part of a decade. These people are not policy stupid. They've submitted comments with 'systematically collated information' by nationally and internationally recognized experts.

    These FCC staffers quoted would have us believe the public is misinformed and uneducated. That is the spin they want to present to the press.

    It's offensive. Regardless of what position you take on the matter.

  13. Re:Changes require systematic, reliable evidence.. by Anonymous Coward · · Score: 5, Insightful

    300 billion$.
    In 2006 dollars.

    That's how much tax subsidy the ISP industry has recieved from the public.
    subsidy that was SUPPOSED to pay for expanding the "last mile" across the country, to every nook and cranny the they did with telephone decades before.

    Only they pocketed the money instead and delivered nothing in return for it.
    And yes, they very much were given.

    You're nothing but a shill.

  14. Re:Changes require systematic, reliable evidence.. by nabsltd · · Score: 4, Insightful

    Trying to assert that the internet is like "a series of UPS trucks", as you do, is not in any way an apt analogy, and you know it (or should, at any rate, if you're hanging out on a site like Slashdot).

    Of course the Internet isn't a series of UPS trucks.

    When something is shipped via UPS, only one party pays UPS. Sure, sometimes the other party pays the first party so they can pay UPS, but UPS doesn't collect money for the same package from multiple parties. On the other hand, ISPs do collect money for the same packet from multiple parties. This is a bad thing and net neutrality should prevent it.

    If you can't understand why it's important that ISPs not be able to be paid more than once for the same packet, then you really shouldn't be in a discussion about whether the government should or shouldn't impose regulations on ISPs.

  15. Re:Changes require systematic, reliable evidence.. by Jason+Levine · · Score: 5, Insightful

    Moreover, it's the ISPs that want to change things. Previously, if you tried to get a video from YouTube, NetFlix, or some website owned by your cable company, they would have been treated the same. ISPs then realized three things:

    1) Those Internet video upstarts were making the ISPs' own cable TV offerings less popular.
    2) Those Internet video upstarts were making lots of money. (Cue dollar signs in the eyes of the ISPs.)
    3) They (the ISPs) were duopolies or monopolies in most areas and thus can do whatever they want without fear of competition.

    With this realization, they implemented caps and overages to "manage network traffic" (really to make it more expensive for you to utilize Internet video to replace cable TV) and they want to make "Internet fast lanes" to extort money out of Internet Video providers (further raising the cost of these) or to slow them down (making them unusable and making cable TV seem better by comparison).

    It's the ISPs that want to change the status quo of every bit being treated equally so they should be the ones presenting proof as to why they need to do so. So far, they haven't presented anything compelling. Unfortunately, their lobbyist money and political influence might count as "compelling arguments" to the FCC even when the vast majority of the public scream against it.

    --
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