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FCC Chairman: Net Rules Will Withstand Court Challenge

An anonymous reader writes with this story about FCC chairman Tom Wheeler's confidence that the net neutrality rules the agency passed last month will stand up to upcoming challenges in court."Now that the FCC is the subject of several lawsuits, and its leader, Chairman Tom Wheeler, was dragged in front of Congress repeatedly to answer the same battery of inanity, it's worth checking in to see how the agency is feeling. Is it confident that its recent vote to reclassify broadband under Title II of the Telecommunications Act will hold? Yes, unsurprisingly. Recently, Wheeler gave a speech at Ohio State University, laying out his larger philosophy regarding the open Internet. His second to last paragraph is worth reading: "One final prediction: the FCC's new rules will be upheld by the courts. The DC Circuit sent the previous Open Internet Order back to us and basically said, 'You're trying to impose common carrier-like regulation without stepping up and saying, "these are common carriers.'" We have addressed that issue, which is the underlying issue in all of the debates we've had so far. That gives me great confidence going forward that we will prevail.""

84 comments

  1. Optimist by Anonymous Coward · · Score: 2, Interesting

    Is Optimistic. It is his position to state as such, Statists always do, then are often smacked down in court due to interest of business, aren't they learning anythjng from the TPP? The governmentnis in bed with business, its all a show of smoke and mirrors used to confuse and misdirect the citizens on whos turn is it to put us over a barrel, either the government or big business or is it time for being dp'd by both. To think otherwise is exactly what they want.

    1. Re:Optimist by Austerity+Empowers · · Score: 2

      This has been going on 40 years, there's no reason to think common sense broke out now just because we wanted it to. Hopefully the same people who flooded the FCC site months ago are going to be ready to keep doing this until we can get some concession sufficient enough to weaken the monopolies.

    2. Re:Optimist by thrich81 · · Score: 1, Troll

      You lost me at "Statists"

    3. Re:Optimist by Anonymous Coward · · Score: 1

      You lost me at "You lost me at 'Statists.'"

    4. Re:Optimist by Anonymous Coward · · Score: 0

      if the republicans retain congress and gain the white house next year, expect this, plus aca, to be two things they try to undo in the two years they'll have the means to do it (i say 2 years because mid-terms can be very brutal on single-party administrations).. and if they don't get 60 in the senate, it's going to be a very long very nasty fight instead of a quick shredding of bills.

    5. Re:Optimist by MobSwatter · · Score: 1

      Can we get over the penis envy of who's packet has priority? If you are a politician it is obvious the mob packets will always beat yours if this comes to fruition. -dorks.

    6. Re:Optimist by Darinbob · · Score: 1

      What's a "statist"? The definition I have (someone who believes the state is more important to the individual) does not seem to apply here, as the FCC is clearly siding with the individual here, and optimism has nothing pro or con with statism.

    7. Re:Optimist by circletimessquare · · Score: 4, Insightful

      "statist" is an insult used by the kind of people who who call obama a muslim socialist

      it's an inaccurate, hysterical, and unintelligent smear

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    8. Re:Optimist by silentcoder · · Score: 4, Insightful

      As far as they're concerned Obama is a brown-skinned foreign socialist who gives away free healthcare.

      I think they got him confused with Jesus...

      --
      Unicode killed the ASCII-art *
    9. Re:Optimist by Darinbob · · Score: 1

      Don't be silly, Jesus was this white dude from America who voted for Goldwater.

    10. Re:Optimist by silentcoder · · Score: 1

      No, no, wrong Jesus. I was talking about Ron Reagan, he is the son of god right?

      --
      Unicode killed the ASCII-art *
    11. Re:Optimist by Anonymous Coward · · Score: 1

      I'm pretty sure Jesus is the Mexican dude that mows my lawn.

    12. Re:Optimist by Bob+the+Super+Hamste · · Score: 1

      it's an inaccurate, hysterical, and unintelligent smear

      Why? It seems that Obama has sought to expand the power of the state, although to be fair so did Bush. The only question is who is the bigger statist and while Obama has expanded government power less than Bush did, he did none the less still expand it beyond the levels of Bush.

      --
      Time to offend someone
    13. Re:Optimist by Shortguy881 · · Score: 1

      I work for a cable company at the corporate level, so I'll give a little insight to the situation. Tom Wheeler is a long standing friend of the cable industry. He was put into his position through cable lobbyists. Most of what he has done has been a well masked throw to the people and cable industry at the same time.

      That being said, Tom Wheeler's actions to reclassify cable as Title II was not seen coming. Most from the executive level feel it as a bit of betrayal and honestly this decision won't help the people or the cable companies.

      Title II classification gives Wheeler nearly total control of the industry. He now not only has the cable industry's balls in a vice, but all internet based companies like Google and Netflix too. I personally think this is a case of power corrupts and absolute power corrupts absolutely. Why extort one industry when you can have two?

      --
      Brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical infants.
    14. Re:Optimist by Pope+Hagbard · · Score: 1

      Statists

      Stopped taking you seriously right there.

    15. Re:Optimist by blue9steel · · Score: 1

      He's using it the in the corporatist supporter context wherein anything done to restrain business is statist even if it favors individual liberty.

    16. Re:Optimist by blue9steel · · Score: 1

      "statist" is an insult used by the kind of people who who call obama a muslim socialist

      Quite right, he's a Baptist Corporatist, they need to get their facts straight.

    17. Re: Optimist by Anonymous Coward · · Score: 0

      more siniater is the obvious conclusion that reclassifting a data service as a voice service is a transparent plan to destroy net neutrality through the obvious court case, while still making it look like savior obama vs the evil corporate owned judges while doing exactly what he was paid to do.

    18. Re:Optimist by circletimessquare · · Score: 1

      no that's hay-zeus

      jee-zuz is the proper pronunciation of the anglosaxon founder of christianity

      us civilized folk need to teach his compassion to dirty brown people like mexicans and middle easterners

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    19. Re:Optimist by ZorglubZ · · Score: 1

      No, it's Yeshua, not Gee... ...hm? Oh, sorry, the WASP founder! Not the middle-eastern, aramaic jewish dude! My apologies!

  2. Re:The systemd project has forked the Linux kernel by NotInHere · · Score: 1

    That stuff gets published weekly, so they have to chose whether to hoax too early, or too late.

  3. Re:And you would expect something different? by Anonymous Coward · · Score: 0

    I certainly did not expect Systemd to have forked the Linux kernel (this soon) to say the least.

  4. Re:Systemd forks Linux kernel, for or against? by Anonymous Coward · · Score: 0

    Systemd transitioning towards Systemd OS? I see the shores of this digital landscape receding mysteriously as never seen before, what is coming? captca - linens?

  5. Re:Systemd forks Linux kernel, for or against? by Anonymous Coward · · Score: 0

    Is this a troll or did this actually fucking happen?

  6. Re:The systemd project has forked the Linux kernel by Etzos · · Score: 1

    If they actually forked the kernel I'm pretty sure it would be in their repository and not one that's 11 days old.

    News like that just feels like an April fools joke to me and I would assume it would to others. I mean, the systemd developers don't operate like that at all. That people would think it to be true at all shows how strange of a perception there is around the systemd project (take that as you want, one way or another people think the systemd devs would be crazy enough to do a full out fork of the kernel--does that mean people are deluded about systemd's goals or that systemd has put off indications that they would do such a thing).

  7. Re:Only Republicans are too stupid... by ArmoredDragon · · Score: 5, Insightful

    This isn't government control of the internet, and government control of the internet would be a very bad thing. How long do you think unbreakable encryption would last if the government had control? The FBI is already starting to take up a position that they want to ban it entirely.

    http://www.theguardian.com/com...

  8. Re:The systemd project has forked the Linux kernel by Anonymous Coward · · Score: 0

    The systemd developers have occasionally bumped heads with developers working on other projects, perhaps most notably Linux Torvalds, lead developer of the Linux kernel. Since systemd's init software works to bring the operating system on-line at boot time, systemd needs to work closely with the kernel and this can cause problems. In fact, some conflict and proposed solutions have resulted in at least one systemd developer getting banned from contributing to the Linux kernel.

    Now it appears as though the systemd developers have found a solution to kernel compatibility problems and a way to extend their philosophy of placing all key operating system components in one repository. According to Ivan Gotyaovich, one of the developers working on systemd, the project intends to maintain its own fork of the Linux kernel. "There are problems, problems in collaboration, problems with compatibility across versions. Forking the kernel gives us control over these issues, gives us control over almost all key parts of the stack."

    In essence, systemd will gain another component, the Linux kernel, which can be patched as needed to work better with other systemd components. Having both the init software and the kernel managed by one project will also allow bug fixes to be addressed more quickly and avoid conflict between Linux and systemd developers. Ivan says systemd developers plan to merge improvements and changes from Torvalds' kernel into the systemd project and, in an e-mail, confirmed systemd developers will make their own patches public so they can be merged back into Linus' Linux.

  9. Re:Systemd forks Linux kernel, for or against? by Sarten-X · · Score: 2

    Apparently DistroWatch's source is "Ivan Gotyavich", a developer on the systemd project. A Google search for his name returns no other results, and it's suspiciously a corruption of "I got you", as one would exclaim after successfully perpetrating a hoax.

    The AC commenting on every story trying to manufacture a systemd-centered argument is definitely a troll.

    In short, Linux fans still have nothing to worry about. A new package provides several new utilities, some distros are choosing to include those utilities and depend on them. That may break a few things and cause disruption for a while, but in short order, the fanatic neckbeards with their bash superpowers will ensure that everything is compatible. It's business as usual in a large software ecosystem.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  10. It may survive a court challenge... by jonwil · · Score: 4, Informative

    It may survive a court challenge but it wont survive the new legislation Comcast, Verizon, AT&T etc are getting ready to submit to Congress via their bought congressmen and senators.

    1. Re:It may survive a court challenge... by Richard_at_work · · Score: 1

      I'm personally not so sure about it surviving a court challenge anyway - the FCC decided suddenly to substantially change the regulatory system for an established, massive market, bring in a huge swathe of new rules and regulations for existing major players. I don't feel comfortable where a government agency can something of that scale to an established market without any new laws passed.

    2. Re:It may survive a court challenge... by Undead+Waffle · · Score: 1

      Yeah at this point I'm pretty sure the lawsuits are just to buy time and drag their feet until they can get Congress involved or some FCC commissioners replaced.

    3. Re:It may survive a court challenge... by nanoflower · · Score: 4, Insightful

      I don't see it as a sudden change since they had been fighting this war for a number of years. Sure, the FCC had come down on the side of the cable companies most of the time but the fact that the issue of network neutrality came and kept coming up year after year shows that this isn't some sort of massive change out of nowhere. It was a clear reaction to the cable companies refusal to work with the FCC as they clearly kept saying 'I'm not going to do what you want and you can't make me.' This is just the FCC stepping and saying that they can make them do what they want.

      Given what the courts have said in the past I don't see a challenge to the FCC rules coming from the courts. Congress is another matter.

    4. Re:It may survive a court challenge... by Anonymous Coward · · Score: 0

      It wasn't exactly sudden - it'd been in the pipeline for a few years, and the "substantial change" was simply reverting the classification to a previous state from a few years ago when the already-established market worked better.

    5. Re:It may survive a court challenge... by Anonymous Coward · · Score: 0

      Considering the recent spate of "you can't" being handed to the Administration from the Courts, you presume more than you ought to- because this wasn't any different than any of other situations where they got told, "you can't".

    6. Re:It may survive a court challenge... by thaylin · · Score: 1

      8 pages or rules that in essence just say, you cannot discriminate on packets, is considered a huge swathe?

      --
      When you cant win, ad hominem.
    7. Re:It may survive a court challenge... by Dragonslicer · · Score: 1

      the FCC decided suddenly to substantially change the regulatory system for an established, massive market, bring in a huge swathe of new rules and regulations for existing major players.

      Is this any different than when the telephone companies were first regulated? If not, I don't see how the courts can overturn this decision without completely getting rid of the common carrier regulations.

    8. Re:It may survive a court challenge... by gurps_npc · · Score: 1

      Which won't survive a Presidential Veto. The president has expressed concerns that mirror ours and the FCC.

      --
      excitingthingstodo.blogspot.com
    9. Re:It may survive a court challenge... by Anonymous Coward · · Score: 0

      Let;s hop another democratic present gets elected, or Net Neutrality will be doomed if the current ratios of republicans to democrats stay in place in the house and senate after 2016. It would be a coup for the democrats to have a democratic president elected in 2017 after a 2 term democratic president, and it would send a message to the republicans that they need to change some rotten planks in thier party platform. The republicans managed to elect Bush after Reagan, for net neutralities sake, let's hope that a strong democratic candidate is selected in 2016 who has a good chance of getting into the White House.

    10. Re:It may survive a court challenge... by gurps_npc · · Score: 1
      Right now it is nearly impossible for a Republican to win the general election.

      During the Bush years, the GOP has sidetracked itself with it's own gerrymandering. By pursuing said strategy, they created a bunch of safe districts, allowing only the most extreme, conservative people to get elected. This works extremely well on the local level, but the Constitution of the US prevents them from gerrymandering all the democrats into a a few states.

      This forces the majority of the party to kowtow to the extreme right on issues like gay rights and gun control, so it becomes impossible for a truly moderate republican, such as Huntsman to win the nomination.

      As such, the Democrats get to decide who runs the country, while the Republicans get to decide the Congress. The Senate and the Governorships are the only real elections up for grabs.

      --
      excitingthingstodo.blogspot.com
    11. Re:It may survive a court challenge... by sjames · · Score: 1

      Consider, in the last court case the judge pretty much spelled the current regulatory changes as a winning move.

  11. We didn't get our waaaaaaaay by MrKaos · · Score: 0

    so now they'll mange, crangle and finagle every angle, they'll try, cry and lie, play, replay every day until they get their way.

    I wish they would just fuck off and accept that, just for once, that capital didn't get it fucking way like it does every single other time.

    --
    My ism, it's full of beliefs.
  12. Re:The systemd project has forked the Linux kernel by Anonymous Coward · · Score: 0

    for the love of code, please o please don't slashdot github, they've had enough problems lately the way it is with slow-loading pages, timeouts and aborted file transfers.

  13. Re:The systemd project has forked the Linux kernel by NotInHere · · Score: 1

    I'm sure it is a hoax. If it were done by the official systemd team, it would have been deployed to all distros by now, overnight.

  14. Re:Only Republicans are too stupid... by circletimessquare · · Score: 4, Insightful

    it's kind of like the concept of the free market

    without rules, enforced, all markets quickly devolve into oligarchies and monopolies: customers and smaller players squashed and abused

    so a free market requires government regulation

    likewise, without rules enforcing net neutrality, large market players start fucking with the status quo to siphon off more cash. simply because they can

    but there exists certain idiots in the world, a lot in the usa, who only see the government as a threat. the government IS a threat, in many avenues of life

    but in the market place, the government is usually your only friend when it comes to real abuse from large market players

    there does exist regulatory capture

    http://en.wikipedia.org/wiki/R...

    but again, this is an argument against corruption, not against government. again, the problem with regulatory capture is large market players corrupting the rules. so you want to heal your sick government, not weaken it further, thereby giving large market players yet even more ways to abuse you. and they will

    but certain people, they just utterly lack the awareness that the government is not the only evil bogeyman in the world. many times in fact, like regulatory capture, the government isn't really the ultimate bogeyman, but just the front for the real villains: plutocracy

    we need strong anticorruption rules in the usa. badly. the people are losing to big money. this will be our downfall

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  15. Re:Only Republicans are too stupid... by some+old+guy · · Score: 1

    In essence I agree with everything you say. Do try to understand, though, that the U.S. Government has given people ample cause to be suspicious of their intentions and skeptical of their performance. I don't think they see .gov as the only bogeyman, just the one that happens to have an army and taxation authority.

    --
    Scruting the inscrutable for over 50 years.
  16. Re: Reconcilliation by Anonymous Coward · · Score: 0

    The ACA was passed in reconcilliation with only 51 votes, so do not be surprised if it is undone in 51 votes.

  17. Actually, no they won't. by Anonymous Coward · · Score: 0

    The Act of Congress that gave the FCC the authority to regulate the airwaves and telegraph lines did not include the authority to regulate Internetworking. It was already a legal stretch to include telephone service under the "telegraph lines" authority, but it is even more of a stretch to include the modern Internet.

    The FCC should be defeated in court quite easily, quite possibly by summary judgment if the plaintiffs are smart enough to ask for one.

    1. Re:Actually, no they won't. by thaylin · · Score: 4, Insightful

      Courts have already agreed they have the authority, so I am not sure where you get your information from.

      --
      When you cant win, ad hominem.
    2. Re:Actually, no they won't. by Dragonslicer · · Score: 3, Funny

      Courts have already agreed they have the authority, so I am not sure where you get your information from.

      From that area between the lower back and the upper legs.

    3. Re:Actually, no they won't. by Anonymous Coward · · Score: 0

      Seems to me that in the same way that 'electronic media' is 'papers', telephone lines are telegraph lines.

  18. Re:Only Republicans are too stupid... by circletimessquare · · Score: 1

    the problem is that we do not have strong laws against corruption

    1. corporations and the rich buying congrescritters with election funds (supported in 2010 citizens united)

    2. revolving door employment between regulator and the corporations they are supposed to regulate

    other countries have clear laws against this type of thing. we can have that too (not easily, but we should, and we should try)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  19. Re:Only Republicans are too stupid... by khallow · · Score: 1

    so a free market requires government regulation

    No, a free market requires regulation, but it can self-regulate as well.

    but again, this is an argument against corruption, not against government. again, the problem with regulatory capture is large market players corrupting the rules. so you want to heal your sick government, not weaken it further, thereby giving large market players yet even more ways to abuse you. and they will

    This argument doesn't make sense. Corruption happens because governments and their agents have power that they can readily monetize. So it is better to give them more power that they can monetize further? Or perhaps convert to even nobler coin such as establishing a tyranny?

    but certain people, they just utterly lack the awareness that the government is not the only evil bogeyman in the world. many times in fact, like regulatory capture, the government isn't really the ultimate bogeyman, but just the front for the real villains: plutocracy

    They are by far the biggest, evil bogeymen out there.

  20. Re:Only Republicans are too stupid... by thaylin · · Score: 3, Interesting

    It seem you are implying that corruption cannot happen in the free market without government involvement. The government is a tool, just like guns. The biggest evil bogeymen are the ones that use that tool to do evil, which are typically corporations.

    --
    When you cant win, ad hominem.
  21. Re:Only Republicans are too stupid... by circletimessquare · · Score: 3, Interesting

    it can self-regulate as well.

    so company {X} dominates a market for widgets. any smaller companies try to compete, they undercut the competitors prices to starve them out, then jack prices way high when the smaller companies fold, consumers having no real choice

    tell me how this problem is "self-regulated" by the market to correct for the abuse

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  22. Re: Reconcilliation by Anonymous Coward · · Score: 0

    Please do. We look forward to implementing single payer when the next dem power wave comes. And also removing the filibuster to remove ALL conservative legislation.

    How's that minority outreach looking by the way?

  23. Re:Only Republicans are too stupid... by Dragonslicer · · Score: 1

    so a free market requires government regulation

    What requires government regulation isn't a free market, it's a fair market. Some of us would argue that a fair market is more important than a free market for achieving the stated goals of capitalism.

  24. Re:Only Republicans are too stupid... by circletimessquare · · Score: 1

    well yeah. in which case a "free" market is simply anarchy, in which a monopoly and oligarchy comes to dominate and "govern" in a sense: decide how much consumers pay and that no one competes. truly "free" in the sense there is no government, but a much worse place in actuality

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  25. Re:Only Republicans are too stupid... by Anonymous Coward · · Score: 0, Interesting

    It already is illegal in the United States to use "unbreakable encryption".

    It is considered an armament under Federal Law, and cannot be exported or sold.

    If there is encryption being traded and sold in the US, it is because the NSA and CIA can break it and they have decided to not classify it as an armament.

    http://en.wikipedia.org/wiki/Export_of_cryptography_from_the_United_States and http://en.wikipedia.org/wiki/International_Traffic_in_Arms_Regulations

  26. Re:Only Republicans are too stupid... by Dragonslicer · · Score: 1

    Yup, which is exactly why I argue that a fair market is more important than a free market. A "truly free" market would be somewhere between anarchy and a state with only two classes, masters and slaves.

  27. Re:Only Republicans are too stupid... by Anonymous Coward · · Score: 0

    so company {X} dominates a market for widgets. any smaller companies try to compete, they undercut the competitors prices to starve them out, then jack prices way high when the smaller companies fold, consumers having no real choice

    tell me how this problem is "self-regulated" by the market to correct for the abuse

    That's easy. If {X} jacks prices, competition will return. {X} is back to square one.

    See, undercutting is only effective at keeping competition away if you keep doing it. As soon as you jack prices, people will see that there's big money to be make in your market, and people will start to think about how to get in on the action.

  28. Re:Only Republicans are too stupid... by khallow · · Score: 1

    It seem you are implying that corruption cannot happen in the free market without government involvement. The government is a tool, just like guns. The biggest evil bogeymen are the ones that use that tool to do evil, which are typically corporations.

    Government agencies are corporations with sovereign immunity.

  29. Re:The systemd project has forked the Linux kernel by sjames · · Score: 1

    To be fair, most of systemd has sounded like an April Fools joke to me. For that matter, most of freedesktop has read that way lately.

  30. Re:Only Republicans are too stupid... by circletimessquare · · Score: 1

    (facepalm)

    you're trolling right?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  31. Re:Only Republicans are too stupid... by sjames · · Score: 1

    What I find interesting is that an un-regulated market is indistinguishable from 100% regulatory capture. So those who oppose regulations are essentially proposing 100% regulatory capture in order to avoid regulatory capture.

  32. Re:Only Republicans are too stupid... by circletimessquare · · Score: 1

    exactly

    they oppose government when they should be opposing corruption

    the idiots are actually helping the corruptors. the corruptors would rather not have anyone to corrupt as an extra expense, and the idiots oblige by insisting on the same: remove the corrupted position, rather than fix it. because they apparently like shoddy, expensive, manipulated, inefficient markets

    it's like someone robs the bank because they paid off the bank guard

    the intelligent response is to fire, prosecute, and replace the guard, and go after the criminals who paid him off

    the idiots want to fire the guard and leave the bank unguarded, and leave it at that: not pursue the criminals who paid off the guard and robbed their bank, their money

    it's stunning how stupid and propagandized people can be

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  33. Re:Only Republicans are too stupid... by sjames · · Score: 1

    History suggests otherwise, especially in a market with significant barriers to entry.

  34. Re:Only Republicans are too stupid... by ExecutorElassus · · Score: 1

    So, by your logic, competitors should be flooding into every broadband market where Verizon/Comcast/TMC is the only -- and very shitty, and very expensive -- player. Should be happening all the time!

    But wait, that's not happening at all, is it? Could it be that entering a market, blowing millions on building up your infrastructure (whether it's internet switches, laying cable, or building widget-factories), costs a lot of money, and only a total dumbass would invest like that when their competition is a giant multinational who has made perfectly clear that they will crush them the minute they open their doors? Could that be it?

    Gee, it's almost like you're too stupid to understand how monopolies work, and that people with businesses don't just blindly run into whatever markets exist without actually doing some due diligence on them. It's almost like you've been drinking Ayn Goatfucker Rand's kool-aid all these years, and think that totally unregulated free-market capitalism runs on magic, and not the very depressing principles of human competition. It's almost like you don't bother to look out your window once and a while and see the actual results that occur in every instance when markets get deregulated.

    Deregulating banks wan supposed to free up capital and introduce more-efficient financial structures that would more properly react to market needs. What happened instead? A massive implosion of wealth that wipes trillions of dollars in assets off the books and resulted in the single biggest transfer of wealth (and that from poor to rich) in US history. And here we are again, fighting any kind of regulation whatsoever, like none of that happened.

    Jeez, you guys make me want to empty this bottle of scotch down my gullet, and then bash my head in with it. The overwhelming stupid is just unbearable.

  35. Open Internet? by Anonymous Coward · · Score: 0

    "Heavily Regulated" == "Open". Orwell would love it.

  36. Re:Only Republicans are too stupid... by inode_buddha · · Score: 1

    so a free market requires government regulation

    No, a free market requires regulation, but it can self-regulate as well.

    You mean like they did in 2008? The self-regulation that resulted in a massive taxpayer-backed bailout?

    --
    C|N>K
  37. Re:Only Republicans are too stupid... by khallow · · Score: 1
    You do realize that broadband is nothing like a free market? It's heavily regulated by the federal government, which according to the theory I was protesting in the first place, is necessary for a "free market" to exist.

    Deregulating banks wan supposed to free up capital and introduce more-efficient financial structures that would more properly react to market needs. What happened instead? A massive implosion of wealth that wipes trillions of dollars in assets off the books and resulted in the single biggest transfer of wealth (and that from poor to rich) in US history. And here we are again, fighting any kind of regulation whatsoever, like none of that happened.

    Let's note that deregulating banks did do that. That need still exists. We still want capital "freed" up. We still want more-efficient financial structures. And the rich lose more proportionally than the poor do in these bubble bursts IMHO. Capital is just a better return on effort in general than labor is in today's high competition world.

    Jeez, you guys make me want to empty this bottle of scotch down my gullet, and then bash my head in with it. The overwhelming stupid is just unbearable.

    Go for it.

  38. Re:Only Republicans are too stupid... by khallow · · Score: 1

    The self-regulation that resulted in a massive taxpayer-backed bailout?

    "Massive taxpayer-backed bailout" implies it wasn't a free market.

  39. Re:Only Republicans are too stupid... by Anonymous Coward · · Score: 0

    "Massive taxpayer-backed bailout" implies it wasn't a free market.

    Only if by "it" you're just talking about the bailout itself and not the crash. The bailout was the response to the crash. What the response was doesn't say either way why and how the crash happened.

    Car analogy time: a car crashed. The cops (government) showed up to investigate, the politicians bicker, and somehow they ended up writing more laws (regulations) as a response. That there was a government response doesn't say anything about whether the car crash was caused by free markets or lack of it.

    GP's claim would make more sense if he talked about the crash. As it is though, you two are just talking past each other.

  40. Re:Only Republicans are too stupid... by Anonymous Coward · · Score: 0

    History suggests otherwise

    No it doesn't. History suggests a lot about imperialism, communism, fascism, theocracies, monarchies, and so on. But history hasn't seen any large scale instances of free markets tried to say anything about it.

    This includes Gilded Age US. Compared to today government back then seemed small, but compared to before the Civil War, Gilded Age US government was huge.

  41. Re:Only Republicans are too stupid... by sjames · · Score: 1

    No true Scotsman?

  42. Re:Only Republicans are too stupid... by khallow · · Score: 1

    Only if by "it" you're just talking about the bailout itself and not the crash.

    No, I speak of both.One can't consider the crash in absence of the bailout.

    Car analogy time: a car crashed. The cops (government) showed up to investigate, the politicians bicker, and somehow they ended up writing more laws (regulations) as a response. That there was a government response doesn't say anything about whether the car crash was caused by free markets or lack of it.

    Car analogy time: a car crashes and the driver gets the local government to pay for any damage he does. He then crashes again a few years later and gets the government to do it again. This pattern repeats for the past century or so of this guy's driving record with him getting more and more aggressive with his driving as the years go on.

  43. Re:Only Republicans are too stupid... by ArmoredDragon · · Score: 1

    First of all, those laws only apply for export and not usage. Second of all, those laws basically became moot after Phil Zimmermann argued (and prevailed) that all he would have to do is print his code to a book and then just mail it overseas. Since the book itself is protected by the first amendment (free speech) no laws can restrict its distribution.

    The only way I could see the FBI getting anywhere with their case is if they were to forbid companies from selling devices domestically that included unbreakable encryption out of the box. If that was the case, there's still nothing stopping people from installing it by themselves.

  44. Re:Only Republicans are too stupid... by ZorglubZ · · Score: 1

    Wouldn't everything be "somewhere between anarchy and a state with only two classes, [i.e.] masters and slaves"? Unless it is truly, really, actually egalitarian?