ISPs Worry About FCC's 'Future Conduct' Policing
jfruh (300774) writes "In the wake of the FCC passing net neutrality rules, the federal agency now has the authority to keep an eye on ISPs 'future conduct,' to prevent them from even starting to implement traffic-shaping plans that would violate net neutrality. Naturally, this has a lot of ISPs feeling nervous." From the article:
The net neutrality rules, beginning on page 106, outline a process for staff to give advisory opinions to broadband providers who want to run a proposed business model past the agency before rolling it out. But those advisory opinions won’t have the weight of an official commission decision.
The FCC’s Enforcement Bureau will be able to reconsider, rescind or revoke those advisory opinions, and the commission itself will be able to overrule them, according to the order.
“It’s unclear what you’re supposed to do when you have a new innovation or a new service,” the telecom lobbyist said. “There’s just a lot of ambiguity.”
Even the Electronic Frontier Foundation, one of the most vocal proponents of strong net neutrality rules, urged the commission to jettison its future conduct standard.
And here is the underlying problem with a good chunk of FCC regulation.
Basically, you can do anything you want until they decide it is against an arbitrary regulation. Then they can not only stop you from doing it, but fine you for having done it.
Think of the "decency" statues for broadcast TV. Sometimes you can swear (playing Saving Private Ryan) sometimes you can't (some random award show) Sometimes you can show nudity (NYPD Blue) sometimes you can't (Superbowl?) The FCC will let you know you violated the unspecified rules via a fine
well after the fact.
This is the regulatory regime being imposed on the business practices of ISPs.
I don't like the big ISPs screwing around with the internet just as most anyone else, but this type of regulation is bonkers.
My Other Computer Is A Data General Nova III.