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Republican Bill Aims To Thwart the FCC's Leaning Towards Title II

SpzToid writes U.S. congressional Republicans on Friday proposed legislation that would set "net neutrality" rules for broadband providers, aiming to head off tougher regulations backed by the Obama administration. Republican lawmakers hope to counter the Federal Communications Commission's vote on Feb. 26 for rules that are expected to follow the legal path endorsed by President Barack Obama, which Internet service providers (ISPs) and Republicans say would unnecessarily burden the industry with regulation. Net neutrality activists, now with Obama's backing, have advocated for regulation of ISPs under a section of communications law known as Title II, which would treat them more like public utilities. The White House on Thursday said legislation was not necessary to settle so-called "net neutrality" rules because the Federal Communications Commission had the authority to write them.

19 of 182 comments (clear)

  1. Glad were stopping the evil socialists by Billly+Gates · · Score: 3, Funny

    Clearly this means freedom for all users right?

    1. Re:Glad were stopping the evil socialists by Fire_Wraith · · Score: 4, Interesting

      Speaking as a Virginia resident, and someone who generally votes left-leaning, you're correct - though he's still a dirtbag.

      The reason (as I understand) that he got reelected is that it was a special election for a state legislative office. This is the sort of race that doesn't get much attention even when it's a general election. Incumbency, and party identification, carry so much more weight than actual issues, because most people never hear about the issues. Heck, I consider myself reasonably involved and aware, and even I can't remember who my state senator is offhand (it's not this guy).

      To bring this full circle, this is part of the exact problem. These races have tons of power, generally fly below the radar of most voters, and also are ridiculously easy to influence with outside money. Notice how so many state legislatures have been pushing agendas doing things like blocking municipalities from offering ISP service, all at the behest of the major incumbent providers (usually who sparked the municipal offering in the first place by refusing to upgrade service in the area to something remotely modern).

  2. I doubt the Republicans wrote it... by bogaboga · · Score: 4, Insightful

    U.S. congressional Republicans on Friday proposed legislation that would set "net neutrality" rules for broadband providers, aiming to head off tougher regulations backed by the Obama administration.

    That sentence should have read, U.S. congressional Republicans on Friday proposed legislation authored by industry lobbyists, that would set "net neutrality" rules for broadband providers, aiming to head off tougher regulations backed by the Obama administration. (additions mine).

    1. Re:I doubt the Republicans wrote it... by sumdumass · · Score: 3, Informative

      If you somehow think that is double speak, you simply have not been paying attention.

      The problem is the net neutrality agenda wants to invalidate these explicit access contracts so anyone can come on and compete with the profitable sections of towns. Cities will be able to build out their own service which will pretty much kill off any competition in the area so those outside the city limits will be stuck with whatever they have now until it degrades to the point it isn't usable.

      No, I'm not against regulation if that is what you are trying to suggest. And yes, I do see where governments mandating access and companies service the unprofitable areas as a condition of servicing the profitable ones has helped the economy quite a bit. But you seem to be missing the boat on everything involved. Have you even bothered looking some of this shit up yourself instead of relying on what someone posts at slashdot? I mean the guy I was replying to thought government regulation was fantastic until it came to government regulating which is the entire reason I posted what you replied to.

    2. Re:I doubt the Republicans wrote it... by sumdumass · · Score: 3, Interesting

      Sigh.. There is absolutely nothing in law that allows the FCC to change the classification of anything it regulates and it certainly does not allow it to do so in order to escape a court order.

      The FCC never even had power over the internet outside of encouraging it's adoption until a court case in the late 1990 which was appealed in 2000 thrust it on them. The FCC then classified it as an information service and several appeals later, the US supreme court confirmed the FCC's determination.

      Now, after more than a decade, the FCC loses a battle with comcast in which a court said that the FCC does not have the power to regulate comcast's throttling users, they are inventing a way to circumvent the court rulings and all the precedence behind them including the supreme court ruling, and via executive fiat, change the classification of something in which there is absolutely no provision in law to do.

      The timing of this is suspect - I have no doubt we're looking at political theater - but the FCC seems to be well within its charter.

      The timing of this is suspect and it likely is political theater, but the only reason you think the FCC is within it's rights is because you are ignorant of the facts and seem to take other people's words for it rather than look it up yourself. The FCC already classified the internet when it was thrust upon them. This had survived appeals and the supreme court validated it. Reclassifying it has little to do with net neutrality as many would want you to think, it has to do with the FCC losing a court case and instead of getting congress to step up and fix the problem, they decided to manipulate and contort the law in order to avoid court rulings.

    3. Re:I doubt the Republicans wrote it... by sumdumass · · Score: 3, Informative

      Sigh.. Who told you those lies?

      The FCC ignored the internet or more precisely broad band internet until the court made them classify it as an outcome of the Portland case. The FCC argued until that time that the internet was an information service residing on a regulated network just as a channel line up would have been. The court case in which Portland Oregon's franchise board attempted to hold up the sale of a cable provider unless they opened up the internet portion to others lost in court with the final decision being that the FCC had jurisdiction not the franchise board. The FCC then classified cable internet which has since become known as broadband internet as an information service subject to title one. A consortium of cable providers sued and it went back and fourth in the courts with the Supreme Court of the United States siding with the FCC. The only time it was reclassified or classified other than as an information service is when a court incorrectly overruled the FCC. The FCC has never reclassified the broad band. It has never reclassified any other object or technology under it's control without an act of congress making it so.

      Read this from the EFF

      Here is another you should consider.

      "I don't think you know the history of what's going on here. I don't think you know what you're talking about at all."

  3. "Free Market" religion by duckintheface · · Score: 5, Insightful

    Does anyone think the sponsors of this legialation have serioulsly considered the issues of user access and cost? Of course not. As in so many areas of public life, Republicans have adopted the mantra of "free markets". Which is another way of saying on behalf of large corporations, "Let the Wookie win". Let the big strong arm-ripping behemoth have its way. This disregards the needs of the majority of the population and lets corporations take the profits resulting from public investment and tax dollars.

    The internet has never been about "free markets". The internet was developed by the government and universities (with public funding). As far as the big ISPs are concerned, most of them, such as Comcast and Time Warner, make use of public right-of-way to carry thier signals to their customers. Most of this right-of-way was obtained either through imminent domain (for the public good) or for other purposes entirely (to carry power lines). This has resulted in a protected monopoly for these ISPs. They have no competition, the exact opposite of a free market.

    Title II will treat the ISPs as utilities so that their rates will be controlled and their fiber optic cables will be available to all content providers under competitive conditions. This is really a free market in content, rather than the coroporate oligarchy envisioned by this Repucblican legislation.

    --
    "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
    1. Re:"Free Market" religion by Anonymous Coward · · Score: 4, Interesting

      Like that wouldn't or couldn't happen under Title II?

    2. Re:"Free Market" religion by Anonymous Coward · · Score: 3, Interesting

      Perhaps...

      The reason they ended up with Title II is because that is all that is left to them. If you read what the judge said when they got shot down last time. He said 2 things title II *might* work or congress needs to fix this. There is no guarantee that it will work. In fact it may make the situation worse. No one knows how it will burn down when you put it in front of a judge (any lawyer will tell you that). In fact the only one really bitching about being title II is at&t and comcast. The rest seem semi cool with it and have said so. As it does not really change anything as most are already working in the guidelines of title II. For example Verizion is an ISP AND a phone company (which is title II). Many of them already are title II.

      Congress needs to fix this. Otherwise they will keep trying to twist laws into loops that are not meant for this. The democrats sat on this for 10 years.

      Title II may be the right way. But it also needs to be updated to reflect our new landscape too. It was written in the 1930s. I am thinking a bit of tech has changed a bit here and there since then...

    3. Re:"Free Market" religion by roman_mir · · Score: 3, Funny

      "We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness"

      I take it it is not self evident to you that pursuit of happiness among equals means among people that are equal under law and nothing else? Yet here you are proposing that some are not equal under law to others, that there should be laws that apply differently because some, who are not you, built and are running services that you want to purchase, they have done so without any laws that you now want to see implemented to limit their freedom. You do not want tocompete with them, you want to enslave their work to your terms.

      As far as I am concerned every single (without exception) thing that governments do end up hurting me because every single thing that governments do impede upon individual freedom for self determination and ability to attempt and improve individual conditions.

      No, governments should not be able to violate laws, like private property rights. This means eminent domain cannot exist, this means government cannot be allowed to intervene between any parties signing a contract, this means there can be no business or labour or money regulations.

      At most government can be allowed to police borders and search for murderers and rapists and isolate them. But even these functions lead to ever greater government with more and more power that it should not have.

      It is not a religion, it is an ideology of individual freedom from tyranny and from oppression. 2 or more wrongs do not make a right. Destroying more freedom now, because other freedoms were already destroyed earlier does not make a better society. Instead government needs to be abolished, 99% of what it does need to be abolished.

      The only way to get a wealthy and ready qnd able to withstand long term difficulties society is not to shackle individuals in it with the chains of the murderous will of the mob. Individuals are capable and smart and may even be brilliant in pursuit of their own happiness on their own terms but the mob is none of that. Decisions made by individuals have an impact on them and on a limited surrounding circle,decisions imposed by the mob have impact upon the entire society at the expense of brilliance, wealth, inventiveness, long term health of the society.

      Governments must not be allowed to stand in the way of development of society but today many equate governments and society, while the reality is that governments steal power, wealth, health of society and the benefits of this theft are limited to very few very well connected individuals.

      Being one of those connected individuals is great for them, but the society is diminished and empoverished because of unequal treatment.

      Switzerland just cut its losses and depegged from Euro, basically it left the Euro zone unilaterally, well, this is the first correct move by a central bank (since 1981 Volker's 21.5% interest rate) in a long time. This is a call to action. Large governments fail and the larger the government the more spectacular the failure. It is an example that applies here as well. Yes, horrible things were done, eminent domain for example, but do not compoune the error, cut your losses and cut the reason of the problem, shut down most of the government, kill all business a d labour laws, kill income related taxes, yoh have to cut losses and return to the idea and ideology of individual freedom. It built the most wealthy manufacturer bases (I do not like the word 'countries' or 'nations', they imply group ownership as opposed to individual freedom), ever in history of humanity. It took a long time to destroy that wealth in the USA, the momentum was so great, momentum built in the 19th century and dissipated in the 20th.

      If there is an ideology in the idea that free people in their own pursuit of happiness will build better anx wealthier societies than what is done in systems domina

    4. Re:"Free Market" religion by ArmoredDragon · · Score: 5, Insightful

      I'm in favor of free markets, but that's not what the status quo currently is. Right now incumbent ISPs have a monopoly on a lot of local rights of way and ordinances. If a competitor wants to move in, it's basically some local government that puts a stop to it (albeit at the behest of the incumbent ISP.)

      I don't think Title II is necessarily the perfect answer (partly because of the New Deal era taxation that goes along with it) but it is better than the status quo.

    5. Re:"Free Market" religion by ShanghaiBill · · Score: 3, Insightful

      I'm in favor of free markets, but that's not what the status quo currently is.

      Exactly. If the ISPs competed in a a free market, NN would not be necessary. NN is not a remedy for free markets, it is a remedy for de facto monopolies.

  4. They can propose all they want by davmoo · · Score: 4, Informative

    Republicans in both the House and Senate can propose this legislation all day long. They can even vote to pass it. But ti still can't get around a Presidential veto, and in their wildest dreams the GOP does not have the votes to override a veto.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  5. Re:Explain this to a non-Americal please.. by sumdumass · · Score: 5, Informative

    Well, sort of. The president signs a bill into law- no passing necessary unless the president vetoes the bill and it goes back to congress and the senate in which if two thirds still want it, they can vote again and make it law independent of the president.

    A bill can also become law if the president does nothing and leave it sit for ten days or longer if congress is in session. It will automatically become law then. If congress is not in session, then it sort of disappears and does not become law.

  6. Re:Explain this to a non-Americal please.. by WillyWanker · · Score: 4, Insightful

    Because we have a House of Representatives and a Senate which comprise Congress. Both work independently of each other, and each can be ruled by either party. The clincher is that both the House and Senate need to agree to pass a bill. If a bill doesn't make it thru both sides it dies. The deadlock we've been seeing for the past few years has come from the Republicans ruling the House of Representatives and refusing to pass any Democrat-proposed bill coming from the Senate, even tho the Democrats ruled there, and vice-versa.

    Now that both sides are Republican I don't expect anything to change really. Since they are comprised of at least 4 warring factions amongst themselves (the tea party, moderates, extreme right wing faux-christians, and libertarians) it's highly unlikely both sides of Congress will ever agree on anything, and even if they do Obama has the power of veto to block any legislation that might successfully come out of Congress. Yes, Congress can override a veto with a 2/3rd majority vote, but that's extremely unlikely to ever happen. So essentially we will have another 2 years where absolutely nothing gets done.

  7. Re:Explain this to a non-Americal please.. by duckintheface · · Score: 4, Informative

    You ask a good question. Democrats could have passed a law in 2009 or 2010 when they controlled House, Senate, and White House. But they didn't, partly becasue they were busy collecting campaign contributions from these same ISPs. Obama has waited until after his personal last election and until after the next- to-last election under his presidency to propose rules that should have been in effect the whole time.

    Aside from campaign contributions, there may be one other reason for the late start on Title II regulation. It is only recently that content providers such as Netflix and Amazon have started producing quality programming and distributing it on the internet rather than on the TV channels controlled by the ISPs. This has undercut the revenue stream of these ISPs and encouraged them to begin differential pricing based on content provider. Comcast now charges extra to Netflix even though Netflix customers already pay for their internet service directly to Comcast. So they are "double billing" for the same service. If allowed to get away with this, the ISPs can be expected to continue to ratchet up the cost of accessing third party content, becasue they control the pipes. But the pipes were developed at public expense and using public right-of-way and so should be treated as a regulated utility.

    --
    "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
  8. Re:Explain this to a non-Americal please.. by fahrbot-bot · · Score: 3, Informative

    A bill can also become law if the president does nothing and leave it sit for ten days or longer if congress is in session. It will automatically become law then. If congress is not in session, then it sort of disappears and does not become law.

    Pocket Veto (for those interested)

    --
    It must have been something you assimilated. . . .
  9. Re:Explain this to a non-Americal please.. by PixelScuba · · Score: 5, Informative

    That's not really true. The Democrats only had a supermajority for roughly 4 months in 2009. With a protracted legal battle, the GOP kept Al Franken out of the senate until July of that year. Ted Kennedy would die later that year and Scott Brown won the MA election. The Democrats had exactly 134 days to pass any legislation before the GOP began filibustering.

  10. The nature of 17 yo consent by fyngyrz · · Score: 4, Informative

    The fucker is 47 years old. 47!!! What version of "consensual" was it?

    She was 17. It is your position that a 17-year old could never give informed consent? That's pretty much the law's position (and it is demonstrably stupid, and almost always harmful, and so out of touch with reality it's almost frightening.) If you're going with "age line in the sand" to define 17 year olds as incompetent by definition in such matters, then you are all those things the law is, and we're done -- take your torch and pitchfork and have at it.

    Get here? Ok, then I presume that is not your position, and that you agree that at least some 17 year olds can indeed give informed consent. So the next question is, is it your position that such a a 17-year old can give informed consent if the partner is also 17, but not if the partner is 47? Because I have to tell you, that kind of thinking can only arise from magical bullshit, and I'm fresh out. Anyway...

    I shouldn't have to even ask this, but given the twisted, peculiar nature of your post, I presume you agree that the 47 year old can give informed consent, yes?.

    Also, at least get your terminology right. A pedophile is someone with a sexual interest in children. Which is horrific and creepy, because children aren't sexually mature and so sexuality, by its very definition, isn't part of their normal and customary worldview. And putting it there, or trying to, is abusive, in the fundamental sense of the term. You know, child abuse. Because they're children.

    An ephibophile, on the other hand, is someone with primary or exclusive sexual interest in mid-to-late adolescents, often described as ages 15 to 19 (but perhaps much more accurately defined by the single criteria of being physically a sexually mature human being. 15 is not a magic number, no matter what your astrologer has been telling you.) Note that if this is not your primary or exclusive interest, then you're just a typical person. Because sexually mature bodies are typically of normal and healthy sexual interest to most who are sexually active. Which is not to say that the first word out of a teenager's mouth might not send most 47-year-olds running away screaming, but that's really not the same issue.

    Also note that for many teenagers (I want to say all, but I have not met them all) sex is pretty much the #1 subject on their mind. Learning about it, having it, exploring it, and so on. The whole shebang, as it were. And this is precisely correct behavior from the POV of the body's various clocks. Socially, we have to deal with the hangover of superstition and Victorian insanity, but the fact is, many teenagers (definitely including the 17 year old demo) are having great, happy sex all the time and the vast majority of those so engaged are both glad of it and not even fractionally interested in any contrary opinion of yours thereof.

    Sometimes sex is about relationships and all of that. Complex, interrelated, even a matter of power or submission. Which can be wonderful. Rah, rah. But sometimes it's just sex. Hot, steamy, bouncy, hanging-from-the-chandeliers physical activity with a bang. Or several. Ahem. In such a case, and in the instance of informed consent, I see absolutely no barrier to sex between a 17 year old and a 47 year old, any more than I see a barrier between a 17 year old and a 47 year old that should prevent them from playing tennis, or chess.

    Here in Montana, the age of consent -- below which "sex without consent" can be charged -- is sixteen. It's still stupid as there will be (mostly) exceptions on either side of the rule, but the point is, were that guy here, no one would even blink, legally speaking.

    Seems to me that you put your Outrage Panties on a little too tight this morning.

    --
    I've fallen off your lawn, and I can't get up.